What does the international legal service cover?
The service brings together, in a single engagement, the fronts that entering Brazil requires: company formation, legal representation of the shareholder or head office abroad, real estate purchase and sale, tax planning, regulatory work before the agencies that govern the sector, and investment structuring for the investor residence application. The scope is set according to the size of the project and can be one-off or ongoing.
Can a foreign company own 100% of a Brazilian company?
In most sectors, yes. A Brazilian partner is not required to form a limited liability company or a corporation in the country. There are, however, specific sector restrictions, such as in news media and broadcasting, in the acquisition of rural land and border-strip property, and in activities governed by their own rules. Checking those limits is the first step of the work.
Do I need a partner or a representative living in Brazil?
A Brazilian partner, as a general rule, no. A legal representative resident in Brazil, yes. A shareholder domiciled abroad, whether an individual or a company, must appoint by power of attorney a representative resident in the country with powers to accept service of process, and the company needs a managing officer who resides in Brazil and holds regular immigration status. The firm can take on the representation of the foreign shareholder.
How long does it take to set up the company?
It depends on where the documents come from and on the sector. The step that usually weighs most is preparing the documents issued abroad, which need an apostille in countries party to the Hague Convention, or consular legalisation elsewhere, plus sworn translation. Once the paperwork is ready, registration with the Board of Trade and obtaining the tax ID are relatively quick. Sector licences and operating permits can extend the timeline.
How does registering foreign investment with the Central Bank work?
Foreign direct investment must be declared to the Central Bank through a dedicated electronic system, identifying the investor abroad, the Brazilian company receiving the funds and the amount that came in. That registration is what supports the remittance of profits and dividends, capital reductions and repatriation of the investment. Where it is not made, or is made with incorrect figures, moving funds out becomes difficult and there is exposure to penalties.
Can a foreigner buy property in Brazil?
Urban property, yes, by an individual or by a foreign company, requiring only a CPF or CNPJ tax ID and compliance with the deed and registration formalities. Rural land is different: acquisition by foreigners, and by Brazilian companies under foreign control, is subject to area limits, to authorisation from the land reform authority and, above a certain size, to approval by the National Congress. Property within the border strip requires prior consent. It also matters to register with the Central Bank the capital funding the purchase, so that repatriation remains possible later.
Does Brazil have a golden visa?
Not under that name, but there is an equivalent route. Brazil grants a residence permit to foreign investors in two main ways: investment in a Brazilian company, currently from R$ 500,000, or from R$ 150,000 where the investment goes to innovation, research or a startup; and the purchase of urban real estate, currently from R$ 1,000,000, or R$ 700,000 in the North and Northeast regions. The application requires an investment plan and specific documentation, and can extend to a spouse and children. The amounts and requirements are set by rules of the National Immigration Council and may change, so each case is checked against the rule in force.
Does the firm serve clients who do not speak Portuguese?
Yes. We work in Portuguese, English and Spanish, with remote meetings for clients and head offices abroad and direct communication with legal and accounting teams outside the country. For in-person meetings, Doering Darcie Advocacia e Consultoria has offices in São Paulo and Porto Alegre, by prior appointment.
