What is the role of the notary in recording of a corporation or a company?

In accordance with the provisions of the Act, the constitutive act of a commercial company must be formalized before a notary.

The notary will give public attestation to the constitution of the Company through the drafting of the articles of association, which includes the articles of association, which define the type of company to be formed, as well as the rights and obligations that the members acquire.

The articles of incorporation shall record the appointment of legal representatives, who will have the capacity to represent the company before third parties.

The notary is responsible for ensuring that all the requirements established by law are met in relation to the company incorporation process. Depending on the time at which they must be fulfilled, we can classify these requirements as: prior to the signing of the articles of incorporation, simultaneous with the signing of said writing and those after it.

Among the first are the authorization granted by the Ministry of Economy to use the name or company name and some special authorizations by other agencies, taking into account the purpose of the company; the latter are fulfilled when the notary draws up the constituent act: he must transcribe the authorization for use of the name or reason, enter the clause on the possible admission or not of foreigners, include the requirements contemplated in the Law, verify the keys to the Federal Taxpayers Registry of the members or shareholders and enter the identification data of the grantors. The deeds of incorporation are signed by all partners or shareholders in the presence of the notary.

After signing the deeds of incorporation of the company, the notary manages the registration of the company in the Public Registry of Commerce and in the Federal Register of Taxpayers; it also submits the notice of use of the authorization to use the denomination. Other notices are those made to the federal tax authority in relation to the Federal Register of Taxpayers, which is addressed to the National Register of Foreign Investments and, in some cases, the one provided for in the Federal Law for the Prevention and Identification of Activities with Resources of Illicit Origin.