With the promises of structural reforms in Brazil, there are opportunities for foreign companies to return to Brazil, given the improvement in the country's economic outlook.
Thus, in order for an entrepreneur to set up his company in Brazil and succeed, it is ideal to hire a Legal Adviser with an Lawyer who has a broad knowledge of the requirements necessary to start and continue the activities of his company in Brazil. This Lawyer, knowledgeable of Business Law, will evaluate not only the field of activity of the company, as well as the documentation presented.
As initial steps for the opening of the company in Brazil, the lawyer, together with his accountant of trust, will make a prior consultation of the existence of companies constituted with business names identical or similar to the searched name, obligatory step and which must be filled in Website of the Board of Trade.
In addition to the query of feasibility of the business name, it is important to verify the criteria of possible concession of operating license for the exercise of the business activity, in the chosen place.
The Lawyer specialized in Business Law, for the opening of the company in Brazil, will help in the elaboration of the document of incorporation of the company, that is, its social contract.
Once this social contract has been legally registered in the Commercial Registry or before the Registry Office of Legal Entities, it is the birth of the company in Brazil, something similar to a birth certificate of a natural person.
In addition to this registration, it is also necessary to register the legal entity in the tax authorities, be it federal, as well as state, municipal and / or district.
Prior to the incorporation of the company in Brazil, it should have well aligned, among the future members of the company, the participation of each one, being this registered in quota in the social contract.
In addition, to have exclusivity on the name of a service or product, or a logo that identifies it, it is necessary to register your trademark in the National Institute of Intellectual Property - INPI.
After opening the company in Brazil, it is understood that it is essential to continue the legal practice of the Lawyer in the day to day of the company, since this professional can elaborate the contracts with suppliers, with the partners, with the collaborators, with the Employees and customers. The continued action of the Lawyer aims at the adoption of necessary legal and preventive measures.
As an example, one of the indispensable elements in the commercial relationship between partners is to establish the term of confidentiality, known as the NDA (Non Disclosure Agreement) terminology.
By means of this term, two parties commit themselves to keep in secrecy the information that will be exchanged during the elaboration or the execution of a certain project, developed jointly by both.
Thus, it is sought to prevent one party from publishing or disclosing, without the consent of the other party, confidential information, such as production techniques, market strategies and operating dynamics.
In order to assist people residing abroad, the Fonseca & Santos Advogados Associados office proposes to be your representative in Brazil for the opening of your company.
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