Brazil Counsel

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Law Firms Register With the Bar, Not the Board

If you’re familiar with how businesses are registered in Brazil, you might assume that law firms follow the same rules. But that’s not the case. Unlike most entities that register with a Board of Trade (Junta Comercial) or a notary office, law firms in Brazil must register with the Brazilian Bar Association (OAB).

Under Law 8.906/94, lawyers can establish either a partnership or a sole proprietorship to provide legal services. But here’s the catch: law firms only gain legal status after registering with the local Bar. Neither the Board of Trade nor a notary office can approve the registration of a company whose purpose includes the practice of law.

Several key rules distinguish Brazilian law firms from traditional businesses. First, law firms are restricted to practicing law, ensuring they operate within the confines of the legal profession. Second, they’re prohibited from using assumed names or DBAs. Finally, only licensed attorneys can be partners as non-lawyers aren’t permitted to hold any stake in a law firm.

Each state in Brazil has its own chapter of the Bar, requiring law firms to register with the chapter corresponding to the state where their main office is located. This process involves submitting corporate documents, such as the firm’s Articles of Association, much like a traditional business would do when registering with the Board of Trade.

When registering an entity in Brazil, remember that the process can vary greatly, not just based on the type of business, but also on its intended activities.