Presentation of rio trade board, its structure, functions and operations teresa pantoja
One among 27 in total, the Trade Board of the State of Rio de
Janeiro has its basic legal role defined under the following
- 8,934/94 - the Law Of Corporate Registers
-10,406 – The Civil Code
-6,404/76 – The Law on Corporations
There are nowadays two bills subject to Congress and containing
two different projects for a new Commercial Code:
- bill nr. 1572/2011 proposed by Congressman Vicente
- bill nr. 478/2013 proposed by Senator Renan Calheiros
Both contemplate different possibilities for the modernisation of
the structure of the Trade Boards
-TRADE BOARDS ARE COMPOSED BY A BOARD OF MEMBERS
GENERALLY DESIGNATED BY DIFFERENT PROFESSIONAL ENTITIES
BY PRESENTING A TRIPLE LIST OF POTENTIAL CANDIDATES AND
NOMINATED BY THE GOVERNOR OF EACH STATE FOR A PERIOD
OF FOUR YEARS, EXTENDABLE FOR FOUR MORE.
-AMONG THESE BOARD MEMBERS A PRESIDENT AND A VICE-
PRESIDENT ARE CHOSEN BY THE GOVERNOR.
- THIS BASIC STRUCTURE DATES BACK TO TWO CENTURIES AGO.
ORIGINALLY, THE TRADE BOARDS WERE THE SPECIALISED COURTS
CHARGED WITH RESOLVING COMMERCIAL DISPUTES.
- PURSUANT TO THE ENACTMENT OF CONSTITUTIONAL LAWS
NR. 123/06 AND 128/08, A NEW ROLE WAS ASSIGNED TO TRADE
BOARDS IN MOST STATES: THAT OF BEING THE BODY CHARGED
WITH RATIONALISING THE CREATION AND INSTALLATION OF
BUSINESS ENTITIES, BY CONCENTRATING AND REDIRECTING I.T.
ACCESS TO ALL PUBLIC AUTHORITIES THAT MAY INTERFERE WITH
THE CREATION OR THE INSTALLATION OF A SPECIFIC BUSINESS.
- FOR INSTANCE, THE PERMIT FOR A SPECIFIC BUSINESS TO BE
INSTALLED IN A CERTAIN STREET OR AVENUE MUST GENERALLY
BE GRANTED BY THE MUNICIPAL AUTHORITY; HOWEVER, SHOULD
THE ACTIVITY TO BE PERFORMED BY THAT BUSINESS IN THE
FUTURE SEEM PRONE TO CATCH A FIRE, THEN AN
AUTHORIsATION MUST ALSO BE GRANTED BY THE FIREMEN; OR,
SHOULD THE BUSINESS BE CONSIDERED HAZARDOUS TO ONE’S
HEALTH, THEN THE AUTHORISATION MUST BE GRANTED BY THE
SANITARY AUTHORITIES, AND SO FORTH.
- CONSTITUTIONAL LAWS NRS. 123 AND 128 ALSO HAD THE MERIT
OF BRINGING FORTH THE PRACTICAL DETAILS OF THE SPECIFIC
CONSTITUTIONAL PROTECTION GRANTED TO THE SMALL
ENTEREPRISES, AS WELL AS TO THE SO-CALLED BACK-YARD
-THESE MAY NOW ENJOY THE OVERALL PROTECTION OF THE LAW,
AND MAY COUNT ON FUNDING FROM OFFICIAL BANKS – PROVIDED
THAT THEY ARE AMONG THE OFFICIAL, DULY REGISTERED ENTITIES.
- THUS, TRADE BOARDS ALSO HAVE NOW THE ROLE OF AGENTS FOR
THE ECONOMIC AND SOCIAL DEVELOPMENT, BECAUSE IT IS DUE
REGISTRATION WITH THE TRADE BOARDS THAT GRANTS TO ANY
BUSINESSMAN OR WOMAN THE RIGHT TO EXERCISE HIS OR HER
ACTIVITY WITHIN THE BOUNDARIES OF THE LAW.
Going back to the structure of the Trade Board, we should
mention that under the authority of the Board properly, there are
are about 200 civil servants charged with the operational or
funtional aspects of corporate registration in itself. ( Those who
have enrolled for the Study Week shall have access to more
specific details of our operation) .
- Among the activites of the Trade Boards there are also two
peculiar ones: one of them is to grant the necessary
authorisation for Public Auctionneers to be able to work, and to
supervise their work. The second activity, no less important, is
to grant the authorisation for Sworn Public Translators and
Interpreters to function, and also to supervise their work.
The Trade Boards are very much aware that their role is very
special in terms of aiding our Federal and State Governments to
to eradicate poverty and in contributing to a sustainable social
environment. A slow, bureaucratic attitude is contrary to all of
This is the reason why a centuries-old body such as the Rio de
Janeiro Trade Board is now fiercely leading the way, by opening
up to the international environment, in order to allow for the
incorporation of every possible good example and all the best
practices prized internationally.