Changes of mandatory publication rules of public limited companies brought by MP 892 were disciplined

The Provisional Measure 892/2019, published on Aug.06.2019 and still awaiting its conversion into law, amended the Brazilian Corporate Law (Law 6404/76), concerning the publication of balance sheets and corporate acts in the Union or State official gazette and a widely circulated newspaper. The purpose was to make the rules for publication of documents provided for in Article 289 of the Brazilian Corporate Law more flexible.

Thereafter, on Sep-30-2019, regulatory acts that affect publicly held and closed companies were published, as follows. Both standards entered into force at their publication and will enter into force from Oct-14-2019.

This Securities and Exchange Commission (“CVM”) act establishes that the mandatory publications are made in a system provided by CVM to open corporations - Sistema Empresas.NET, being exempt from digital certification. The documents will be considered published at their disclosure at the system.

b) Closed companies - ME Ordinance 529

Through this ordinance, the Ministry of Economy (ME) establishes that closed corporations publish their corporate acts, free of charge, at Balance Sheet Central (“CB”) of the Public Digital Bookkeeping System (“SPED”) expected to be available on Oct-14-2019. CB will have authenticity digital certification of the documents.

Terminated companies should also make available the required publications and disclosures at their website through a digital certification.