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SMARGIASSI

Opening a company in Brazil as a foreigner

Brazilian lawyer, OAB/MG 155.242, admitted in Brazil only. Not legal advice under your local law.

A partner living abroad acts through a representative in Brazil, named by power of attorney. Documents from abroad need an apostille or consular legalisation and a sworn translation, and foreign direct investment may have to be reported to the Central Bank.

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What to prepare

  1. Decide who will be the representative in Brazil and give that person a power of attorney.
  2. Get a CPF: foreigners holding company interests in Brazil must have one. https://www.gov.br/pt-br/servicos/inscrever-no-cpf-no-exterior
  3. Prepare documents from abroad with an apostille or consular legalisation, and a translation by a sworn public translator.
  4. Check with the commercial registry whether your activity has restrictions for foreigners.

What the rules say

  • Partner, manager or sole trader living abroad, Brazilian or foreign: the corporate act comes with a power of attorney to a representative in Brazil. A foreign company as partner adds proof of its incorporation (DREI Normative Instruction 81).
  • Immigrant living in Brazil: Brazilian identity document with proof of residence (same instruction).
  • Federal tax registry: an entity based abroad needs a representative domiciled in Brazil, with powers to manage assets and act before the Federal Revenue (IN RFB 2.119). Later changes were not reviewed.
  • Central Bank: the resident recipient reports foreign direct investment in the SCE-IED system when the operation reaches US$ 100,000 or assets pass the reporting limits: https://www.gov.br/pt-br/servicos/Declarar-capitais-estrangeiros-decorrentes-de-investimento-estrangeiro-direto-SCE-IED

Information on the texts read on 6 November 2026. Annex IV of DREI Instruction 81 and Central Bank manuals were not read; confirm before filing.

Questions

Can a foreigner own a company in Brazil?

Yes. A partner living abroad acts through a representative in Brazil under a power of attorney, and the commercial registry checks restrictions on activities for foreigners.

Do I need to live in Brazil?

The rules we read let a partner live abroad if there is a representative in Brazil. A manager of a corporation who lives abroad also needs a representative resident in the country.

Do I need a CPF?

Foreigners holding company interests in Brazil must register for a CPF, according to Brazilian consular guidance.

Do I have to report the investment?

The resident recipient reports it to the Central Bank in SCE-IED when the operation reaches US$ 100,000 or assets pass the reporting limits.

  • OAB/MG 155.242, admitted in 2014
  • Postgraduate studies in Criminal Procedure (Faculdade Legale)
  • Guaxupé (MG), practice throughout Brazil

Write to us

Tell us briefly about your case. A lawyer from the firm replies by email, usually within one business day.

How to hire from abroad

  • You describe the case in writing, by WhatsApp or e-mail, in English.
  • The fee is agreed in a written contract before any work begins.
  • The contract and the power of attorney are signed online, and payment can be made from abroad.

How to check a lawyer in Brazil

  • Look up the OAB registration in the National Registry of Lawyers (cna.oab.org.br).
  • Ask for the fee in writing, in a contract.
  • Pay only in the name of Felipe Mendes Smargiassi. Nothing is received in the name of third parties, and any other contact using his name is not his.

OAB/MG 155.242, cna.oab.org.br · How to check a lawyer in Brazil · Google ★

When a person answers

The office answers in person Monday to Friday, 8 am to 6 pm Brasília time (UTC-3).

WhatsApp receives messages at any time.

The first answer comes in writing, at any hour; the lawyer usually replies within one business day.

Page reviewed in October 2026.

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