Post by account_disabled on Mar 12, 2024 0:39:43 GMT -4
The Chamber of Deputies approved on Wednesday (23/6) Provisional Measure 1040/21, which aims to eliminate requirements and simplify the opening and operation of companies. The matter will now be sent to the Federal Senate.
Fabio Rodrigues Pozzebom/Agência Brasil
The Federal Senate has the mission of
appreciating the text of the Provisional Measure
Fabio Rodrigues Pozzebom/Agência Brasil
One of the main new features of the text is the automatic issuance, without human evaluation, of licenses and operating permits for activities considered to be of medium risk. As Portugal Mobile Number List long as states, Federal District and municipalities do not send their classifications to an integrated network, the federal classification will be valid.
According to the opinion of the rapporteur, deputy Marco Bertaiolli (PSD-SP), instead of the indefinite validity provided for in the original text, licenses and permits will be valid as long as the conditions and requirements for their issuance are met.
The list of the management committee of the National Network for the Simplification of Registration and Legalization of Companies and Businesses (Redesim) classifies as medium risk, at the federal level, activities such as: wholesale trade of various types of foods of plant and animal origin; hotels; motels; transport of loads of products not subject to health surveillance; child education; and medical activities without invasive procedures. Redesim's technological platform may also cover artisanal products and civil construction works.
To access the license, the entrepreneur must sign a term of awareness and legal responsibility regarding the requirements required for the operation and exercise of activities, such as compliance with health, environmental and fire prevention safety standards.
These changes must be implemented within the 60-day adaptation period given to the bodies and entities involved.
Waiver of requirements
Another important change is that, with the new standard, the process of registering businesspeople and legal entities carried out by Redesim will no longer require data or information contained in the federal government database and other additional information provided. by states and municipalities to issue licenses and permits and the National Register of Legal Entities (CNPJ). The exception is for environmental licenses, which continue to be governed by specific legislation.
Other changes:
— The entrepreneur may choose to use the CNPJ number as the business name;
— The commercial board will no longer need to archive the contract and its amendments after scanning. Those responsible and other interested parties will have 30 days before destruction to remove documents;
— The protection of the commercial name of a company that has not operated for ten years ends;
— The power of attorney required by the commercial board will no longer need to be notarized;
— Anvisa’s prior consent for patents on pharmaceutical products and processes ends;
— The possibility for the Executive Branch to establish limits on foreign participation in the capital of a telecommunications service provider ends;
— The requirement that the transportation of goods imported by any Public Administration body must be carried out on Brazilian-flagged ships ends.
Electronic citation
As for electronic citation and subpoena, the text makes this type of communication the rule in relations between companies, including small and medium-sized ones, and the Tax Authorities and the Judiciary.
The changes are in the Code of Civil Procedure, with a period of 45 days being set for service to occur after the filing of an action.
Companies must keep their registration updated to be able to receive summonses and subpoenas electronically, and may pay a fine of up to 5% of the value of the case if they do not confirm, without just cause, receipt within three business days of sending. With information from Agência Câmara.