Company with foreign partner must provide updated information to BACEN until the day 31.03.2022


Company with foreign partner must provide updated information to BACEN until the day 31.03.2022


Avoid payment of a fine that can reach up to R$ 250,000.00. Make sure your company is required to declare and know what information should be provided and under what time frame.

Companies that have foreign direct investment, defined as the participation in the share capital of a Brazilian company by an investor not resident in the country or with its headquarters abroad, paid up or acquired in the form of the legislation in force, shall transmit to the Central Bank of Brazil the updates of periodic social and economic and economic and financial information.

The non-provision of this information related to foreign capital in the country, as well as the provision of false, incomplete, incorrect or out-of-time information, are subject to the application of a fine that can reach up to R$ 250,000.00.

The obligation to provide information, as well as the type of information to be transmitted, may vary, depending on the value of the assets or equity.

See the table below and be aware of whether your company is subject to the obligations provided for in the legislation¹:


CompaniesInformation
Brazilian companies receiving foreign direct investment, whose assets or shareholders equity are less than the amount of R$250 million at the base date of December 31, 2021.

Until March 31, 2022:

  • Update its corporate board in the BACEN for the base date of December 31, 2021; and
  • Provide information regarding (i) the value of shareholders equity, (ii) total assets, (iii) paid-up share capital and (iv) capital paid by each foreign investor.

Brazilian companies receiving foreign direct investment, whose assets or shareholders equity are equal to or greater than the amount of R$250 million at the base date of December 31, 2021.

Make the economic/financial statements quarterly, as follows:

  • Until March 31, 2022, referring to the base date of December 31, 2021;
  • Until June 30, 2022, referring to the base date of March 31, 2022;
  • Until September 30, 2022, referring to the base date of June 30, 2022; and
  • Until December 31, 2022, referring to the base date of September 30, 2022.

Azevedo Sette Advogados Corporate team is available to analyze your case and provide further clarification and assistance on the matter, including to make the necessary records and updates before the SISBACEN.

¹Laws no. 4,131, 1962, and 11,371, of November 28, 2006, Circular Bacen No. 3,689/2013 and Circular Bacen 3,857/2017.

Participation in the elaboration of  the Gabriela Correa Valente.