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dutcham-magazine-julyaugust-11
dutcham-magazine-julyaugust-11
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DUTCHAM MAGAZINE<br />
Brought to you by Machado Associados:<br />
Census of Foreign Capitals in Brazil<br />
On June 16, 2016, the Central Bank of Brazil (BACEN) issued Circular No. 3,795/2016<br />
(“Circular”) that regulates the Quinquennial Census of Foreign Capitals in Brazil (“Quinquennial<br />
Census”) and the Annual Census of Foreign Capitals in Brazil (“Annual Census”).<br />
The Circular defined that the Quinquennial Census will have as reference dates the years<br />
ending in 0 and 5 and the Annual Census will refer to the years.<br />
The following entities have to file the Quinquennial Census: (i) companies headquartered in<br />
Brazil having foreign investors with direct equity interest in their corporate capital on the<br />
respective reference date; (ii) investment funds having foreign quotaholders on the respective<br />
reference date; and (iii) companies headquartered in Brazil, debtors of short-term commercial<br />
credits (due within 360 days), whose total outstanding balance in Reais on the respective<br />
reference date is equal to or exceeds US$ 1 million.<br />
In turn, the Annual Census must be filed by: (i) companies headquartered in Brazil having<br />
foreign investors with direct equity interest in their corporate capital in any amount, whose net<br />
worth in Reais on the respective reference date is equal to or greater than US$ 100 million; (ii)<br />
investment funds having foreign quotaholders, whose net worth in Reais on the respective<br />
reference date is equal to or greater than US$ 100 million; and (iii) companies headquartered in<br />
Brazil, debtors of short-term commercial credits (due within 360 days), whose total outstanding<br />
balance in Reais on the respective reference date is equal to or exceeds US$ 10 million.<br />
The Circular sets forth that the period to file the declarations of the Quinquennial Census<br />
and the Annual Census will always be from July 1 to August 15 (up to 6 pm) and provides for the<br />
postponement of said dates to the first subsequent business day in case any of such dates is not<br />
a working day at BACEN.<br />
Therefore, as to the Quinquennial Census relating to the reference date of December 31,<br />
2015, the declaration must be filed from July 1, 2016, to August 15, 2016, and the respective<br />
form is available on the website of BACEN (www.bcb.gov.br).<br />
Those responsible for the declaration must keep the respective support documentation for 5<br />
years counted from the respective reference date.<br />
Fines up to R$ 250,000.00 apply to the late filing or failure to file of the Quinquennial<br />
Census or Annual Census, as well as for the provision of inaccurate, incomplete or false<br />
information, as provided, for in Resolution No. 4.104, as of June 28, 2012.<br />
NEW WEBSITE SECTION<br />
PROMOTING PROFESSIONALS<br />
Dutcham, along with Rede de Reabilitação Lucy Montoro, have created a new section<br />
on our job corner to promote CVs of reintegrated professionals to the job market.<br />
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