Provisory Measure 1085/2021 – Creation of SERP – Electronic Public Records System

By: Vitor Anthony Ferrari and Ivan Kubala

At the end of year 2021, more precisely on December 28th, the President of the Republic in the use of his powers edited and published the Provisional Measure no. 1085/21, which deals with the Electronic System of Public Registries.

The Provisional Measure’s guidelines are to proceed with the implementation of a single, electronic system of public registries, nationwide, with the objective of making the following 10 items feasible:

1. the electronic public registry of legal acts and businesses;
2. the interconnection of the public registry offices;
3. the interaction of databases among the public registry offices and between the public registry offices and the SERP;
4. the remote attendance to users of all public registry offices, through Internet;
5. The reception and sending of documents and titles, the issuance of certificates and the information provision, in electronic format, including in a centralized manner, for subsequent distribution to the competent public registry offices;
6. the electronic visualization of the acts transcribed, registered or recorded in the public registry offices
7. the exchange of electronic documents and information between public registry offices and
8. the public entities, including through the Integrated System of Asset Recovery – Sira; and
9. users in general, including financial institutions and other institutions authorized to operate by the Central Bank of Brazil and notaries public;
10. The storage of electronic documents to support registry acts;

9 The disclosure of statistical indexes and indicators based on data provided by public registry officials;

10 Consultation:

1. the unavailability of assets decreed by the Judiciary or by public entities;
2. restrictions and liens of legal, conventional or procedural origin on assets
3. movable and immovable assets registered or recorded in public registers; and
4. acts in which the searched person is listed as:
5. debtor of a protested and unpaid title;
6. real guarantor;

iii. financial leaser;

1. conventional credit grantor; or
2. holder of a right over an asset that is the object of a legal or administrative embargo;

All civil registry offices and registry offices of natural persons, civil registry of legal entities, registry of deeds and documents, and finally, of real estate registry are subject to the payment.

It is also the responsibility of the above public registry officers to promote the implementation and proper functioning of the SERP, making the necessary information available, under the terms established by the National Inspector General’s Office of the National Council of Justice.

Such alteration is of relevant importance and will certainly bring questions and costs to all users of the public registry system, and this Provisional Measure should certainly be subject to consideration by the National Congress given its relevance and great scope in the lives of all Brazilians