17th August 2017
DDSA - De Luca, Derenusson, Schuttoff e Azevedo Advogados
On August 14 2016, the Convention Abolishing the Requirement for Consular Legalisation of Foreign Public Documents (“Apostille Convention”) became effective in Brazil. MSI's Brazilian law member DDSA provides further information.
The Apostille Convention aims to simplify the effectiveness procedure for foreign documents among the signatory countries, cleaning up the requirement of consular legalisation between the signatory countries. The Apostille is a seal or a stamp by the authorised notary office in the country of origin, which makes it effective on the recipient country, if they also signed the Apostille Convention. Notwithstanding, the National Council of Justice (CNJ) established that the foreign documents legalised before August 14 2016 should not be enforceable after February 14 2017.
The Rule No. 228 (“Resolução nº 228”), dated June 22 2016 has been largely discussed, considering that the documents executed before the Apostille Convention entered in full force and effect are not irregular and some Brazilian entities are not accepting these documents anymore, based on the rule hereinabove mentioned (i.e., real estate notary office and banks, for example).
DDSA highlights the existence of an administrative proceeding to make Rule No. 228 ineffective, in order to declare that documents legalised before the Apostille Convention that have become effective will remain valid in Brazil before the public entities.
DDSA - De Luca, Derenusson, Schuttoff e Azevedo Advogados (DDSA) is a full service law firm based in Sao Paulo, Brazil with a deep knowledge of our clients’ businesses and different markets.
Our firm has adopted a global, multidisciplinary client management model, which addresses all of the areas required to solve our clients' varied demands. Our core values include quality, professionalism and ethics, always striving to offer a customised client service.
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