By Sócrates Félix and José Júnior

The most recent publication of Normative Instruction 1/2024, released by the Brazilian Department of Registration of Business and Integration (DREI), comprises new requirements for business registration in Brazil, which will have a significant influence on the country’s registration landscape. The updated requirements are the outcome of a collaborative effort by the government, representative bodies, and society to modernize the country’s business registration processes.

This is an expansive regulation which modifies DREI Normative Instructions 81/2020 and 77/2020 in a comprehensive and disruptive way. It is envisaged that the Commercial Registries will need some time to understand, integrate, and carry out all the modifications.

In this regard, there is considerable procedural variation among the registration bodies of the different states of the federation, enabling the efforts to modernize and standardize encompassed in NI DREI 1/2024 even more important. Even after full implementation, it is probable that some of these characteristics may exist, justifying the continued use of professional guidance to guarantee that the process works effectively.

Although it is too early to determine the actual implications of the majority of the modifications that have been implemented, certain aspects may be highlighted that show an essential trend toward simplicity, debureaucratization, and modernization The modifications are largely contained in the amended content of NI DREI 81/2020, which is now better aligned with these goals.

Article 59, for example, was amended to establish that a series of operations will no longer be conditional on the prior authentication of the books of the companies involved.

On the other hand, Article 9º-B, Paragraph 3º, authorizes the use of artificial intelligence technologies to improve the analysis of legal compliance in documents submitted for registration.

In turn, Article 35 now provides for the possibility of using electronic signatures other than qualified signatures.

These are some of the modifications mentioned in the 81-page text of NI DREI 1/2024, which illustrate the paradigm shift and the search for a more agile, modern approach that is in step with the progress of technology and society. Over the next few weeks, we will go into some of these in more detail, explaining how these new features affect the day-to-day operation of the Commercial Registries.

Of course, flexibility, modernity, and the ability to choose other pathways indicate development in any process. It should be noted, however, that simplicity, as pursued through technological development, brings with it a set of contingencies that must be managed.

The possibility of using graphic elements in instruments submitted for filing (provided for in the new wording of Art. 9º-A), for example, brings with it the challenge of dealing with potentially heavier files. Likewise, the use of external digital signature platforms (art. 35) will certainly require constant care to ensure that the systems are integrated and interact properly.

Added to this are other obstacles that already existed and are natural to the implementation of any system, such as:

• not recognizing DBE forms to start the process;
• the time taken to analyze digital cases is longer than in the physical/presential format;
• electronic service in the “contact us” format and
• lack of technological tools capable of guaranteeing the authenticity and integrity of certain documents.

Whether due to existing issues or the complexities of adopting novel and disruptive legislation, there is an increasing demand for efficient tools and expert individuals in business registration activities. The implementation of NI DREI 1/2024 is currently underway in Commercial Registries around the country; thus, now is not the time to take unnecessary risks with bureaucracy in public bodies.

The PLBrasil Group offers its customers, through its Digital Platform, a HUB where all corporate documents and history are concentrated and permanently available. In addition, it has highly qualified experts and trained teams to provide all the support you require for any kind of registration required to establish and operate your business.