The formal existence of any company is subject to the maintenance of records required by the different instances of Government, each with its own peculiarities and uses. In this sense, City Halls, States and the Federal Revenue Service operate their own bureaucratic frameworks, establishing multiple obligations that need to be met. Failure to meet these obligations can, in some cases, lead to severe consequences, making it impossible for a given enterprise to operate regularly.

Do you know the obligations your company must meet? Do you know if all obligations are up to date?

It is quite easy to get lost in the midst of the complex Brazilian bureaucracy, with its countless regulations that are not always convergent or intuitive. Therefore, before anything else, it is crucial to understand the obligations and the risks of not keeping your records up to date with the City Hall, State and Federal Revenue Services.

Starting with the basics

Registering with the City Hall and obtaining a Municipal Registration (IM) is one of the first steps towards establishing and operating a company that provides services in Brazil. This is a necessary action not only to obtain a business license but also to be able to comply with tax obligations, issue invoices, and qualify for the Simplified Taxation System, among other aspects.

If the company’s purpose is to sell products, it will also be necessary to Register with the State (IE). This is an essential measure so that ICMS (State Goods and Services Tax) can be collected, as well as to enable the issuance of invoices. This obligation applies regardless of the size of the enterprise, ranging from individual micro-entrepreneurs (MEIs) to gigantic corporations.

Finally, the basic formalization cycle of a company involves registering with the Federal Revenue Service’s CNPJ (National Corporate Taxpayer’s Register). This registration serves as a kind of birth certificate for your company, providing essential data such as the registration number, opening date, corporate name, trade name, size, primary and secondary CNAEs (National Code of Economic Activity), and address data. The CNPJ not only enables the payment of taxes and other operational activities but also allows for public consultation to check the registration status of the company, which may be active, suspended, unfit, closed, or null.

My records are out of date. What are the risks?

In addition to the basic obligations inherent in the process of establishing a company, constant monitoring is required to ensure that all records are kept up to date throughout its operational life. Changes in address, share capital, partners or economic activity, among others, must be formalized as soon as possible before the different instances. Otherwise, many difficulties may be faced, ranging from simple bureaucratic obstacles to the application of heavy fines.

An outdated record can, for example, complicate the process of obtaining and renewing operating permits, environmental and health licenses and clearance certificates in general. It can also make it impossible to comply with tax obligations, creating a “snowball effect” that could result in the application of fines and other penalties.

It is worth highlighting that participation in tender processes and obtaining resources from the financial system are moments in which the company’s registration compliance will be subject to detailed scrutiny. In these situations, small inconsistencies can be the difference between success and failure. These circumstances can be avoided through efficient and conscious registration management, to all aspects involved.

PLBrasil Paralegal offers to its clients, through its own platform, a document HUB, where all corporate documents and their history are concentrated and permanently available. Furthermore, it has qualified professionals and trained teams to provide full support regarding any type of registration required for the establishment and operation of your company, including solving problems caused by outdated registration.