Our team of lawyers in Brazil can help clients in numerous legal matters, from debt collection cases to company registration. Whether you need legal representation in a litigation case or assistance when immigrating to this country, our team is composed of experienced lawyers, specialized in several legal areas, so you can rest assured that your case will be handled in a professional manner.
With an economy that continues to grow, Brazil is attractive in a large palette of industries where big corporations from abroad are booming on a yearly basis. Even if the legislation related to foreign investments in Brazil is permissive in most sectors, it is always a good idea to start your business with legal assistance and guidance offered by our team of attorneys in Brazil.
What types of businesses can I open in Brazil?
Limited liability companies (Sociedade Limitada – Ltda.) and joint stock companies ( Sociedade Anonima – S.A.) are two of the preferred business entities in Brazil by foreigners willing to set up their operations in this country. The registration formalities are simple, and the entire incorporation process can be supervised by our team of attorneys in Brazil. Our team can also help foreign investors immigrate to Brazil.
|Commercial litigation assistance offered by our law firm in Brazil||
Business litigation involving breach of contract, shareholder and director disputes. Complete representation and trial services
Company formation in Brazil
|Assistance during company registration as per the selected business form, applying for special permits and licenses|
|Finance and regulatory matters, loan and security documentation, special services for banks and financial services providers|
Drafting employment agreements, employee termination, labor litigation, employee data protection
|International investments in Brazil||Complete assistance for mergers and acquisitions, branches or subsidiaries, provided by our law firm in Brazil|
Tax compliance, VAT and EORI registration services in Brazil
Complete assistance during the insolvency and bankruptcy proceedings, assistance for creditors as needed
Trademark application in Brazil, assistance in copyright infringement cases, and with other
IP rights issues
|Debt recovery services offered by our Brazilian lawyers||Amicable debt recovery and, as needed, initiating the court debt collection proceedings|
|Real estate issues||Commercial and residential property sale and purchase for corporate investors, real estate due diligence, real estate ownership transfer|
|Residential conveyancing||Legal services for individuals who buy or sell residential property in Brazil|
|Individual employment||Unfair dismissal, disciplinary measures, workplace discrimination, harassment|
Civil litigation assisted
by our experts
|Assistance and representation in civil law cases, (personal injuries, small claims, negligence in civil cases, etc.)|
|Divorce and family law||Divorce applications in Brazil, child maintenance and custody, adoption and surrogacy, and the division of property after divorce, wills|
|Immigration in Brazil||Applications for a work permit, a retirement visa or other visas including those for investors, residence permit extensions, applications for Brazilian citizenship by naturalization and by descent|
Working with a team of Brazilian lawyers specializing in company incorporation allows investors to benefit from complete assistance, during all of the company formation phases. We can help you with the following:
- Choosing the business structure: investors may opt to incorporate a corporation, as well as a partnership or a sole trader; these business forms have different characteristics and our lawyers can help investors choose the suitable one based on size, capital or number of partners;
- Registering the business: our team provides complete assistance during the registration phase, during which the founders of the company submit the needed documents to the Brazilian Trade Register;
- Obtaining permits and licenses: the new company may require one or more special permits or licenses, depending on the industry in which it activates; discussing the related laws and regulations with our lawyers, and relying on our assistance during the permit application process, is useful for many foreign investors;
- Hiring employees: once the business is set up, the following step will be the one to hire employees; our team of attorneys specializing in Brazilian employment law can help you draft the employment agreement as well as handle any dispute that may arise in relation to an existing employee.
Opening a Ltda., helped by our lawyer in Brazil
The limited liability company in Brazil can be incorporated by at least two partners and in compliance with the following rules, as stipulated by the Brazilian Commercial Code:
- a name verification is suggested before any other step in company registration;
- the Contrato Social or the Articles of Association must be drafted and submitted to the National Registry of Legal Entities in Brazil;
- a bank account must be opened and attached to the company’s future financial activities;
- business licenses and permits need to be acquired before the company is open for business;
- the tax registration is the next step before commencing the activities in Brazil.
We provide assistance during all of these steps. You can also reach out to us if the company registration process has begun and you are in need of professional legal services. Our team of lawyers can also assist those foreign investors who cannot be present in the country during the entire registration process. Through a power of attorney, we are able to represent the foreign investor who wishes to open a company by handling part of the procedures in his name. The power of attorney will clearly indicate the powers of the appointed individual and the limitations of his powers so that you can control the appointed party’s level of involvement.
Legal support for company litigation
If your business is involved in a lawsuit in Brazil, it is recommended to ask for advice from our attorneys in Brazil. We have the necessary experience to represent clients before the courts of justice in Brazil and we can help business persons continue their activities by complying with the applicable bylaws.
Debt collection in Brazil
Foreign investors or companies from abroad that need legal assistance for money recovery can talk to one of our specialists. Debt collection in Brazil is made in compliance with the regulations of this country. One can choose the amicable procedures or can consider dealing with the courts of law in Brazil. Our lawyers in Brazil can handle the debt collection steps for you and help you recover the debt.
Licenses and permits in Brazil
Many business activities in Brazil require special licenses and permits which are issued by the specific authorities through the local offices. We can manage the application for obtaining the needed licenses and we can explain the legal terms involved in such a procedure.
Tax advice offered by our lawyers in Brazil
Knowing the tax legislation and the structure that runs in Brazil will help foreign investors control better their companies and businesses in this state. Tax advice and tax compliance are two important services offered by our lawyers.
We offer complete guidance for companies looking for specialized legal counsel concerning tax matters, double taxation avoidance, tax minimization, and tax reporting and compliance. Resident companies in Brazil are subject to taxation on their worldwide income while non-resident companies (a foreign company doing business in Brazil) is subject to the same taxation measures as subsidiaries.
The following are the main taxes that apply to companies in Brazil:
- Corporate income tax: 15% (the standard tax) and 34% the tax with the included surtax;
- Withholding tax on dividends: 0% for resident and nonresident companies and individuals;
- Withholding tax on interest: 15-22.5% for resident companies and individuals and 15% or 25% for nonresident companies and individuals;
- State VAT: the ICMS has values between 4% and 25%;
- Municipal tax: the ISS is levied on the supply and import of services, imposed on a municipal level, and has rates between 2% and 5%;
- Federal excise tax: the IPI depends on the type of product that is manufactured and the import of goods into the country (exports are exempt from this tax) and has an average rate of 20%;
- Social security contributions: the employer in Brazil contributes 8% of the wages of each employee’s deferred salary account (this payment is made to the severance fund) and 20% of the employee’s salary to the public pension system, the National Institute for Social Security.
Other taxes for companies in Brazil include the federal social contribution (according to the social integration program and the tax for social security) financing, the transfer tax, and the real property tax. There is no stamp duty in Brazil, nor a payroll tax or a capital duty tax.
The tax year in Brazil is the calendar year and each business files the annual income tax return for the previous year on the final business day of July. Small companies may be subject to a simplified corporate tax regime (that allows for quarterly income tax remittance, according to gross revenue).
Our team of lawyers in Brazil can provide you with additional details about the taxation system. Understanding the direct and indirect taxes that apply to companies, as well as individuals for those foreign investors who wish to derive income from Brazil, is mandatory for ensuring that the company/individual complies with the rules in force and avoids any penalties that may be imposed for noncompliance.
Company liquidation in Brazil
Our Brazilian lawyers can handle the closing procedure of your company in Brazil if the firm can no longer activate on the market due to bankruptcy or any related reasons. Company liquidation in Brazil respects several conditions stated by the Companies Act, therefore, legal advice can be provided.
Our team also offers legal services in other areas of law including but not limited to real estate (property sale/purchase), contract law and disputes, the enforcement of international judgments in Brazil, as well as other services for businesses. A division of our team is able to assist individual clients who are interested in legal advice and representation in matters concerning divorce, family law, estate and inheritance, and others.
Entrepreneurs can get in touch with our law firm in Brazil and send their inquiries in different legal matters. Legal support tailored to your needs is offered by our lawyer in Brazil.
Relocate to Brazil with the help of our immigration lawyers
A permanent visa is required for those who wish to immigrate to Brazil and make it their home. You can apply for this directly or you can turn a temporary visa into a permanent visa. The permanent visa for Brazil has six kinds. These are:
- Brazilian spouse visa: This visa is available to the spouse and dependents of Brazilian nationals or lawful permanent residents. A person who marries a Brazilian citizen or a permanent resident may only apply for this visa if the Brazilian citizen/resident already resides in Brazil or if the couple intends to settle there permanently;
- Manager/director of social assistance or religious organization: Many missionaries, preachers, and volunteers from NGOs travel to Brazil each year. They may immigrate to Brazil with a Brazilian permanent visa if they hold managerial or executive roles at their place of employment;
- Intra-company transfer: Companies in Brazil are allowed to hire foreigners in managerial positions with a permanent visa if they invest at least 600,000 Reais for each foreign worker or 150,000 Reais and create 10 new jobs;
- Retirement visa: Many retirees decide to move to Brazil to spend their old age there. A retiree must register as a transference of retirement pension to obtain a permanent visa. This procedure can be started in a Brazilian consulate or the applicant’s country of residence;
- Personal investment in Brazil: Most likely, this is the simplest way to immigrate to Brazil and obtain residency. The applicant and his/her family are qualified for a permanent visa by investing in Brazil;
- Extraordinary skill visa: If an individual obtains a job offer from a Brazilian academic institution or scientific research organization, and has exceptional abilities in science, technology, academia, or research can also apply for a permanent visa. This involves employment in teaching. The applicant must be able to provide evidence of his or her educational background and how it relates to the job being offered to be qualified to immigrate to Brazil on a permanent visa.
Citizenship is ultimately required by most immigrants in Brazil. After settling in the nation for at least 4 continuous years, an immigrant may submit a naturalization application. If you are planning to apply for any of the above-mentioned visa types and relocate to Brazil, you can consult our lawyers. Our immigration lawyers in Brazil can help you relocate to this country.
Get a divorce in Brazil with the assistance of our lawyers
You can acquire a divorce even if you are abroad. You must present a matter to the Brazilian Bar Association with the assistance of a duly licensed attorney. Our divorce lawyers in Brazil can represent you in court. A divorce can be granted at a notary’s office if it is amicable and there are no children. Even though you still need legal representation, the process is simpler than if it was to be handled in court. Only the judiciary can grant the divorce if the marriage involves minor children. If the divorce is not amicable the case must be heard in a court of justice.
The divorce process can include and cover topics including spousal or child support, child custody, visitation, using the married name, and asset division. In general, amicable divorces take less time than contentious ones. If you are seeking legal assistance for any of the matters related to your divorce proceeding, you can get in touch with our divorce lawyers in Brazil. They can provide you with step-by-step guidance and also advise you keeping in view the current circumstances.
The process is unaffected if one party is in Brazil and the other is overseas because subpoenas, notices, and various enforcements can be performed via a Letter Rogatory, a judicial mechanism for cross-border judicial cooperation. So, you do not need to feel hesitation to consult our lawyers if you are a foreigner and want to conclude your divorce in Brazil. With the efficient services of our Brazilian divorce lawyers, you will be able to dissolve your marriage without any unnecessary delays.
Get custody of your child with the services of our lawyers
In Brazil, both parents are typically required to contribute to child maintenance. This duty is dependent upon the need of the kid and the capacity of the parent. Because of this, there are some situations in which only one parent is financially liable for child maintenance.
If you think you can take care of your child both emotionally and financially, the court may see you as an appropriate person to hand over the child’s custody. You can get in touch with our lawyers to discuss your case and for representation in court.
Besides all these services, if you need help applying for Brazilian citizenship, you can still get in touch with our lawyers.
Contact our law firm in Brazil for more information about our services.