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Normative Instruction authorizes the authenticity of copies in business registration by lawyers

May 16, 2019

By Luis Felipe Fornetti Eiras

On Tuesday, April 30, 2019, Normative Instruction 60/2019, published by the National Department of Business Registration and Integration (DREI), was published in the Official Gazette of the Union, which allows lawyers to authenticate copies of documents to be registered with commercial boards.

According to the Normative Instruction, the lawyer or accountant of the interested party has the power to declare authentic the copies of documents submitted for registration through a declaration of authenticity, which was presented as an annex to the IN.

“Art. 1º The lawyer or accountant of the interested party may declare the authenticity of copies of documents presented for registration with the Commercial Boards, through the Declaration of Authenticity, as per Annex.”

Along with the declaration of authenticity, the lawyer or accountant must present a simple copy of the professional card, in accordance with article 1, § 3 of IN 60/2019.

The IN, in accordance with Provisional Measure No. 876 of 2019, aims, based on the principle of good faith and red tape reduction, to simplify the registration of companies with commercial boards, especially limited companies and limited liability companies (Eireli), as well as the possibility of reducing fraud and increasing the penalties for those responsible in the event of an infraction. The IN insists that self-declaration should be sought in relations between States and companies.

The IN also amends the manual for registering limited liability companies contained in IN 38/17 of the DREI, as well as amending the manual for registering individual limited liability companies, approved by the same instruction 38 of 2017.

The IN does not apply to cases where the law requires the presentation of an original document and comes into force on Tuesday, April 30, 2019.

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