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What do I need to know about legal representation in Brazil?

The foreign investor domiciled abroad must appoint an attorney-in-fact domiciled in Brazil to represent him in matters related to his investments or business in the country. Having an attorney-in-fact domiciled in Brazil can facilitate communication, legal representation and compliance with local obligations.

To appoint a proxy domiciled in Brazil, you can follow these steps:

Choice of proxy: Identify the person in Brazil that you want to appoint as your proxy. This can be a lawyer, an accountant, or anyone you trust who is willing to legally represent you, provided they are domiciled in the country.

2. Required documentation: Prepare the specific power of attorney, a legal document that authorizes the attorney-in-fact to act on your behalf. Make sure that the power of attorney includes specific powers of attorney according to your needs. It is advisable to enlist the assistance of a qualified professional to ensure that the power of attorney is well drafted and meets the legal requirements.

3. Authentication and registration: If you are outside Brazil, you will need to have the power of attorney authenticated and apostilled at a Brazilian consulate or embassy. Then the power of attorney must be registered at a Titles and Documents Registry Office in Brazil. The registration ensures the validity and effectiveness of the document before third parties.

4. Transmission of the power of attorney: After registration, the power of attorney must be transmitted to the proxy in Brazil. It can be sent by mail, DHL, courier service, or any other safe and reliable means.

It is important to emphasize that the appointment of a legal representative / attorney-in-fact for a foreign investor, whether individual or corporate, is responsible for all foreign partners and the company in legal matters, such as labor, civil, financial, and even criminal matters in the Brazilian territory. Again, it is highly recommended to seek a qualified professional to ensure that all legal requirements are correctly met and that the power of attorney is drafted according to the investor's specific needs and intentions, and in compliance with all Brazilian laws.

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