Decree No. 10,173, dated December 16, 2019 came to amend Decree No. 1,800, dated January 30, 1996, providing for the Public Registry of Commercial Companies and Related Activities (“Decree”), and aims to make life easier for citizens who have suffered fraud while opening or other company-related acts. These rules were inserted in the set of actions of the Ministry of Economy with the purpose of reducing bureaucracy in the business registration system and bringing citizens closer to entrepreneurship.
One of the main changes with the advent of the Decree, is that a court decision is no longer required for a person’s name to be removed from a fraudulently opened company (
i.e.
forgery of signatures). Now, this can be done administratively through the Board of Trade in your respective state or the Federal District.
The citizen who previously needed, in addition to the Civil Police document that attested to the forgery, a court decision to remove his or her name from the fraudulent registry, no longer has to comply with this rite. Currently, as soon as falsification of the act is duly proven, the President of the Board of Trade must immediately cancel the act, communicating it to the Civil Police and to the competent authorities for appropriate measures to be taken.
For cases in which there are already judicial decisions, it will not be necessary for the citizen to go to the Board of Trade to change his or her registration data, because now the competent court sends the decisions to the Board of Trade, and it is the duty of the President of the Board of Trade to attend to the official determinations to regularize the situation of the prejudiced citizen, contributing to the due fulfillment of the sentences handed down.
The National Department of Business Registration and Integration, of the Digital Government Secretariat of the Ministry of Economy – DREI has the expectation that costs will be significantly reduced, as well as the waiting time in solving the problem.