Legal framework simplifies opening and closing companies


Source: Senado Federal - DF - 12/10/2009

Assistance to legal entities of the Federal Revenue in Brasilia: proposal incorporates in a single text requirements such as negative certificate of taxes and active debt of the Union and social security contributions. The tangle of laws that usually appear before citizens interested in opening or closing a company may be with the numbered days. A bill is already under discussion in the Senate that consolidates around a thousand rules spread across all forms of legal provisions, some in force for eight decades.

The initiative (PLS 431/09), by Senator Adelmir Santana (DEM-DF), aims to reduce bureaucracy and, consequently, the costs of setting up a business in Brazil, making the routine of companies and entrepreneurs uncomplicated.

The project covers all rules on the functioning of commercial boards, advertising of business registries, the National Network for the Simplification of Registration and Legalization of Companies and Businesses, known as Redesim, the call centers for entrepreneurs and proof of payment of taxes.

For Adelmir Santana, the outdated laws still in force hinder the life of the Brazilian businessman. According to him, the idea of ​​the project is to eliminate unnecessary articles.

Prepared from a partnership between the Senate (Legislative Consultancy and Secretariat for Technical Coordination and Institutional Relations) and the Ministry of Development, Industry and Commerce (National Department of Trade Registration), the proposal revokes provisions that, according to Adelmir, disturb and bring legal uncertainty to the processes of opening and closing companies.

- Our project is based on two pillars: modernization and simplification. It is a technical work, a regulatory framework that, if it does not bring great innovations, will provoke a silent revolution in the life of Brazilian companies. There are about one hundred devices in a single text that replace more than a thousand spread across different laws, rules and decrees. The costs with lawyers and tax specialists should decrease significantly when we approve the matter - he defends.

The senator anticipates that he has already proposed to Governor José Roberto Arruda and business leaders in the Federal District that the model of legislative simplification be adopted in the states from a pilot project in Brasilia.

After the deadline for submitting amendments has ended, on the 26th, the project will be analyzed by House commissions, starting with the Constitution, Justice and Citizenship (CCJ).