Circular Letter clarifies alternatives for authentication of documents required for the registry of corporate acts during the COVID-19 pandemic

In face of the suspension of face-to-face activities of the Commercial Registries and in order to enable the corporate activity during the Coronavirus pandemic, the National Department of Corporate Registration and Integration published the Circular Letter SEI nº 1014/2020/ME (“Letter”), aiming at guiding the Commercial Registries and users on matters related to the electronic registry and the authentication of documents used for this purpose, preventing the provision of corporate public service from being interrupted.

By means of the Letter, DREI clarifies the alternatives, indicated in both IN DREI nº 52 and IN DREI nº 60, for the authentication and validation of documents against the impossibility of the signature of documents through digital certificate, such as:

(a) authentication of copies of documents through a Statement of Authenticity issued by the interested party’s attorney or accountant;

(b) submission of digitalized versions of documents accompanied by the statement of its authenticity signed by the entrepreneur or shareholder, under his personal responsibility, with authentication through an accountant or attorney with a digital certificate and power of attorney; and

(c) granting of powers to the accountant or attorney to sign the document, and issue the statement of authenticity, both in his/her name (with their digital certificate).

This is one more measure to adapt the public entities and bureaus to the current scenario, aiming at enabling and maintaining corporate dynamics without disrespecting the measures to contain the spread of the Coronavirus.

The Corporate Law Department of Kestener, Granja & Vieira Advogados is available to provide any further information required on this subject.

Fabio Alonso Vieira
Phone.: +55 11 3149-6111
fabio.vieira@kgvlaw.com.br

This article is intended exclusively to provide information and does not contain any opinion, recommendation or legal advice from KGV Advogados in relation to the matters herein addressed. Copyrights are reserved to Kestener, Granja & Vieira Advogados.