Private Foundations in Brazil

Content Manager • 8 December 2017

 According to Brazilian legal documentation, a foundation is defined as a collection of assets to which legal personality is granted by an operative law and that is devoted to public interest purposes (though, as discussed below, only certain public interest purposes qualify). The foundation's goals are recorded in a written declaration, which must be registered with a public notary. The Civil Code requires a foundation to have sufficient assets to achieve its purposes (Civil Code Article 63). To be established, the founder (Instituidor) must submit to the Attorney General’s Office (Ministério Público) the draft deed of incorporation (escritura pública de constituição), statutes, and information about the assets that will form the endowment. Upon receiving the Attorney General's approval, the founders have to register their founding documents in the proper public register office (Civil Code Articles 62-69; Law 6.015/73 Article 120). Once registered, the Attorney General's Office has oversight authority over the foundation's administration (Civil Code Article 66).


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