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THE RIO DE JANEIRO TRADE BOARD

THE RIO DE JANEIRO TRADE BOARD. One among 27 in total, the Trade Board of the State of Rio de Janeiro has its basic legal role defined under the following Federal Laws: 8,934/94 - the Law Of Corporate Registers 10,406 – The Civil Code 6,404/76 – The Law on Corporations.

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THE RIO DE JANEIRO TRADE BOARD

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  1. THE RIO DE JANEIRO TRADE BOARD • One among 27 in total, the Trade Board of the State of Rio de Janeiro has its basic legal role defined under the following Federal Laws: • 8,934/94 - the Law Of Corporate Registers • 10,406 – The Civil Code • 6,404/76 – The Law on Corporations

  2. Bills for a new Commercial Code There are nowadays two bills subject to Congress and containing two different projects for a new Commercial Code: - bill nr. 1572/2011 proposed by Congressman Vicente Cândido - bill nr. 478/2013 proposed by Senator Renan Calheiros Both contemplate different possibilities for the modernisation of the structure of the Trade Boards

  3. STRUCTURE OF THE TRADE BOARDS (I) • TRADE BOARDS ARE COMPOSED BY A BOARD OF MEMBERS GENERALLY DESIGNATED BY DIFFERENT PROFESSIONAL ENTITIES BY PRESENTING A TRIPLE LIST OF POTENTIAL CANDIDATES AND NOMINATED BY THE GOVERNOR OF EACH STATE FOR A PERIOD OF FOUR YEARS, EXTENDABLE FOR FOUR MORE. • AMONG THESE BOARD MEMBERS A PRESIDENT AND A VICE-PRESIDENT ARE CHOSEN BY THE GOVERNOR. • THIS BASIC STRUCTURE DATES BACK TO TWO CENTURIES AGO. ORIGINALLY, THE TRADE BOARDS WERE THE SPECIALISED COURTS CHARGED WITH RESOLVING COMMERCIAL DISPUTES.

  4. STRUCTURE OF THE TRADE BOARDS (II) - PURSUANT TO THE ENACTMENT OF CONSTITUTIONAL LAWS NR. 123/06 AND 128/08, A NEW ROLE WAS ASSIGNED TO TRADE BOARDS IN MOST STATES: THAT OF BEING THE BODY CHARGED WITH RATIONALISING THE CREATION AND INSTALLATION OF BUSINESS ENTITIES, BY CONCENTRATING AND REDIRECTING I.T. ACCESS TO ALL PUBLIC AUTHORITIES THAT MAY INTERFERE WITH THE CREATION OR THE INSTALLATION OF A SPECIFIC BUSINESS. - FOR INSTANCE, THE PERMIT FOR A SPECIFIC BUSINESS TO BE INSTALLED IN A CERTAIN STREET OR AVENUE MUST GENERALLY BE GRANTED BY THE MUNICIPAL AUTHORITY; HOWEVER, SHOULD THE ACTIVITY TO BE PERFORMED BY THAT BUSINESS IN THE FUTURE SEEM PRONE TO CATCH A FIRE, THEN AN AUTHORIsATION MUST ALSO BE GRANTED BY THE FIREMEN; OR, SHOULD THE BUSINESS BE CONSIDERED HAZARDOUS TO ONE’S HEALTH, THEN THE AUTHORISATION MUST BE GRANTED BY THE SANITARY AUTHORITIES, AND SO FORTH.

  5. STRUCTURE OF THE TRADE BOARDS (III) • CONSTITUTIONAL LAWS NRS. 123 AND 128 ALSO HAD THE MERIT OF BRINGING FORTH THE PRACTICAL DETAILS OF THE SPECIFIC CONSTITUTIONAL PROTECTION GRANTED TO THE SMALL ENTEREPRISES, AS WELL AS TO THE SO-CALLED BACK-YARD ENTREPRENEUR. • THESE MAY NOW ENJOY THE OVERALL PROTECTION OF THE LAW, AND MAY COUNT ON FUNDING FROM OFFICIAL BANKS – PROVIDED THAT THEY ARE AMONG THE OFFICIAL, DULY REGISTERED ENTITIES. • THUS, TRADE BOARDS ALSO HAVE NOW THE ROLE OF AGENTS FOR THE ECONOMIC AND SOCIAL DEVELOPMENT, BECAUSE IT IS DUE REGISTRATION WITH THE TRADE BOARDS THAT GRANTS TO ANY BUSINESSMAN OR WOMAN THE RIGHT TO EXERCISE HIS OR HER ACTIVITY WITHIN THE BOUNDARIES OF THE LAW.

  6. THE STRUCTURE OF THE TRADE BOARDS ( IV) Going back to the structure of the Trade Board, we should mention that under the authority of the Board properly, there are are about 200 civil servants charged with the operational or funtional aspects of corporate registration in itself. ( Those who have enrolled for the Study Week shall have access to more specific details of our operation) . - Among the activites of the Trade Boards there are also two peculiar ones: one of them is to grant the necessary authorisation for Public Auctionneers to be able to work, and to supervise their work. The second activity, no less important, is to grant the authorisation for Sworn Public Translators and Interpreters to function, and also to supervise their work.

  7. THE STRUCTURE OF THE TRADE BOARDS (V) The Trade Boards are very much aware that their role is very special in terms of aiding our Federal and State Governments to to eradicate poverty and in contributing to a sustainable social environment. A slow, bureaucratic attitude is contrary to all of our hopes. This is the reason why a centuries-old body such as the Rio de Janeiro Trade Board is now fiercely leading the way, by opening up to the international environment, in order to allow for the incorporation of every possible good example and all the best practices prized internationally.

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