JUCERJA facilitates processes, but lack of information disclosure is still the biggest obstacle to speeding the registration of company acts in Brazil

Renata Turba and Mr. Luiz Paranhos Velloso Jr., President of JUCERJA

On March 23^rd, Renata Turba paid a visit to Mr. Luiz Paranhos Velloso Jr., president of JUCERJA – a commercial public organ that carries out the registration of acts related to the companies, such as business openings and contractual changes in Rio de Janeiro.

She questioned him about how a centenarian Public Organization is adapting to the advance of the technological super “wave” that demands more and more services to go online. Everything becoming faster and with more quality. How to achieve this by dealing with nothing more ancient than Books, Contracts, and Certificates?

Luiz Velloso stated that JUCERJA is investing heavily in technology and we can already see that contractual changes are made available on the Organization’s website.

“JUCERJA already releases almost 100% of the Business Opening Terms in 72 hours. In the general set of processes, 80% is being released within 48 hours. With the automated process, JUCERJA seeks to meet ‘opening terms’ in 48 hours and this way we will no longer have an extremely bureaucratic body, in which the processes of incorporation of companies require a lot of time. ” says Luiz Velloso.

Few people know, but every Wednesday and Friday, in the afternoon, there are on-site attendance services on the 12th floor, organized by order of arrival. Most importantly, this service is done by vowels that are technically better prepared to respond to inquiries related to pending issues that restrain the release of records, among other information.

So, how about taking advantage of this initiative? Believe me: Just a few time ago this shift also worked on Mondays, but it was suspended for lack of a quorum … incredible, right?

JUCERJA in 2016 implemented REGIN – a hybrid process that allows a registration or change of social contract, for example, to be started on JUCERJA’s website and in an integrated and agile way this event is adhered to the RFB (the Brazilian Internal Revenue Service) database.

And even better: Those who use this hybrid system have a 10% discount on the rate.

But not everything is perfect.

With the advent of the ECD (digital electronic information system) there was a total detachment of professionals with JUCERJA, since the books Diário e Razão are sent electronically to the RFB. Some of us, up to this date, believe that the delivery of ECD with protocol and digital signature already meets all legal requirements.

This is because Decree No. 6022 of January 2007 established that SPED (Brazilian Public System of Digital Bookkeeping, which is part of the Growth Acceleration Program in the country) unifies the activities of reception, validation, storage and authentication of books and documents that integrate the commercial and fiscal bookkeeping of entrepreneurs and business companies, through the single and computerized flow of information. However, Decree No. 7979 of 2013, replaced the commercial word for accounting.

In this way, the ECD only solves accounting and tax matters, leaving aside commercial issues. We continue to comply with commercial law requirements that are not being complied with, because the legislation governing SPED (ECD) has not repealed Decree No. 64,567 of 1969 and Law 486/69, which establishes:

The entrepreneur and legal entities must keep in their custody and responsibility the books and documents in the original format and deadlines provided in the applicable legislation.

Now, that is overwhelming. Too many books to print and sign? You would better run!