UNDERSTANDING WHO CAN LEGALLY REPRESENT A FOREING PARTNER IN BRAZIL

When a company in Brazil has a foreign partner, Brazilian law requires the appointment of a legal representative who resides in Brazil. This ensures that public agencies have someone to contact locally for legal, fiscal, and administrative matters.

✅ What does a legal representative do?

The legal representative acts on behalf of the foreign partner in:

• Signing corporate documents and contracts;

• Representing the foreign partner before tax and government authorities;

• Receiving official notifications and court summons;

• Taking responsibility for tax and legal compliance.

✅ Who can act as a legal representative?

According to Brazilian law, the legal representative must be:

• A natural person living in Brazil, with a valid CPF;

• Over 18 years old with full legal capacity;

• Brazilian or foreigner with permanent residency;

• Alternatively, a Brazilian legal entity can be represented through an empowered individual.

⚠️ Important requirements:

1. Power of attorney with specific powers

o Must be issued abroad in the name of the representative;

o Requires consular legalization or Hague Apostille;

o Must be sworn-translated into Portuguese.

2. Registration of the power of attorney

o Must be recorded in a Brazilian notary office (Cartório).

3. Term of validity

o Can be for a fixed term or indefinite period.

✅ Responsibilities and risks

The legal representative shares joint liability for the partner's obligations. For this reason, the choice should be made carefully, ideally with legal and paralegal support. The representative must understand Brazilian laws and regulations.

📌 Final thoughts

Appointing a legal representative is mandatory and strategic when foreign investors enter the Brazilian market. A qualified choice ensures legal safety and a smooth relationship with authorities. Trusted legal firms and paralegal professionals can guide this process efficiently.