Gabriela de Ávila Machado
Lawyer at Marcos Martins Advogados
Recently, four Resolutions were approved by the Ministry of Economy, all seeking to simplify the lives of Brazilian entrepreneurs, in line with the Economic Freedom Act.
Resolution 58 instituted the national “medium risk” classification for Fire Departments. This classification will allow the company to operate without the need for a prior inspection, by signing a self-declaration. The company must declare that it “meets the requirements for fire, panic and emergency prevention”.
Resolution 59, which comes into force on September 1, allows individual micro-entrepreneurs (MEIs) to be exempt from presenting permits and licenses. Thus, when registering the MEI on the Entrepreneur’s Portal, the candidate can agree to the Term of Knowledge and Responsibility with Effect of Waiver of Operating License to have the waiver approved. According to the Ministry of Economy, inspections will continue to be carried out, but the entrepreneur will not need to wait for the public agents to visit, and can open the company and start activities immediately.
Resolution 60, in turn, regulates the creation of state subcommittees to stimulate and develop actions aimed at simplifying and reducing bureaucracy in the registration and legalization of entrepreneurs and legal entities. The president of the Board of Trade of the state or the Federal District will be responsible for coordinating the work.
Finally, Resolution No. 61, approved on August 12, dispenses with the need for prior research into locational viability “when the activity carried out by the entrepreneur is exclusively digital”. Prior research can greatly delay the registration of corporate acts with the Boards of Trade, so it is to be hoped that new companies will benefit greatly from the new rule.
