Publications

30 Jan

Registration of Companies before Courts

Following the tendency to automatize judicial proceedings, due to the need to ensure celerity during its course, the new Brazilian Civil Procedure Code (“NCPC”) established in Article 270 the internet as the preferential option to communicate procedural acts and to send pleadings.

Nevertheless, the NCPC also established mandatory registration of public and private companies, except for micro-companies and small-sized companies, with a electronic communication system (the “Electronic Communication System”) in order to make receipt of summons of process more efficient (Article 246, V, §1º, NCPC)

The term provided in the aforementioned law to make companies adjust to the Electronic Communication System is of thirty (30) days as of the date in which the company registrates its articles of incorporation in the jurisdiction of the court it holds a head office or branches (Article 1.051, NCPC).

 The regulation of the Electronic Communication System, however, was not unified by the NCPC, being delegated to the National Council of Justice (“CNJ”) and to state courts (Article 191, NCPC). The Court of Justice of Rio de Janeiro de (“TJRJ”), for example, has adopted measures to expedite the registration of judicial entities and the term for such expired in 2016 (Regulatory Act-Set No. 102/2016). The CNJ, on the other hand, willing to unify all national electronic systems, is developing a single Electronic Communication System, named “Electronic Domicile” (Article 2, Resolution No. 234/2016) and has granted ninety (90) days as of the release of such system for companies to register therewith (Article 15, Resolution No. 234/2016).

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