A national company is considered the one created under the Brazilian laws and has its headquarters and administration in the country.
Respecting Brazil’s laws which had determined the conditions of its existence, creation, functioning, dissolution and recognition of its corporate entity.
In these terms, it does not import the origin of the capital or the partners‘ domicile so that it is considered a Brazilian company.
In the other hand, the legal entity consisted by Brazilians living out of the country will be Brazilian, but with contract filed in Brazil, with enrolled firm, having its management trusted to Brazilians. Thus also stipulated in the exterior with establishment in Brazil and the anonymous society and in limited partnership by shares consisted in the exterior and that, having the authorization for functioning in Brazil, transfers its headquarters to the Brazilian territory, having Brazilian citizens for manager.
The Brazilian legislation foresees the existence of many societies types or forms:
Society in Corporate name, Society in Limited co-partnership, Society of Capital and Industry, Society in Account of Participation, Society in Limited partnership by shares, Anonymous Society or for Action and Society for Shares of Limited or Limitless Responsibility. The commercial activity under the form of Sole proprietorship can still be exerted.
Even with the forecast of these diverse societies types, only two are of wide use in Brazil:
The anonymous society and the limited society. This phenomenon happens because of the choice to limit the responsibility of the partners in relation to the society and third persons, what it is not possible in the other forms. |