Foreign companies planning to establish a presence in Brazil need to understand local legislation. Among the various obligations is the need to establish a legal representative in the country. This representative will be in charge of overseeing and managing all the company’s operations in Brazil, ensuring compliance with local laws and regulations.
The legal representative acts on behalf of the foreign company, assuming responsibilities and acting in direct line with the company’s strategic decisions. This involves signing contracts, carrying out financial transactions and fulfilling tax obligations on behalf of the company. In addition, they play a key role in communicating with local authorities, clients and business partners, ensuring a solid and reliable presence in the Brazilian market.
Here at Pryor Global, this legal representative is also called attorney-in-fact. Their work is essential to ensure the successful operation of the foreign company in Brazil, protecting its interests and guaranteeing legal compliance in all aspects.
Choosing a qualified attorney is essential, as they will represent the foreign company’s interests before the authorities and third parties. It is therefore essential to carry out careful research and ensure that the attorney selected has solid experience and comprehensive knowledge of Brazilian laws and business practices.
The documentation also deserves special attention. This includes a detailed power of attorney, clearly specifying the attorney’s responsibilities and powers to act on behalf of the company. This ensures that the proxy has the necessary authority to make decisions and carry out activities on behalf of the company effectively and legally.
The power of attorney must be notarized to give the document legal validity and authenticity. In addition, registration provides legal certainty for both the company and the attorney-in-fact, ensuring that all parties involved are protected and that the attorney-in-fact can exercise their powers legitimately and effectively.
It must be carefully drafted, clearly detailing the powers, mainly to represent the company in Brazil, before public authorities, the Central Bank and the Federal Revenue Service.
With the power of attorney duly registered, the attorney receives full powers to represent the foreign company in a wide range of legal matters.
In short, appointing a legal representative in Brazil is an essential step for foreign companies seeking to operate legally in the country. This process requires meticulous attention to detail, from selecting the attorney to preparing and registering the necessary documentation.
You can count on Pryor Global to help you with this task. We have been in the market for over 28 years and are a benchmark when it comes to representing foreign companies. You can count on a team of experienced specialists working within best practices and legal rigor.
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