The Brazilian Central Bank, by the Circular 3.795 of
2016 march the 16th, ruled the annual and quinquennial census about
foreign capital in the country.
The quinquennial census must be delivered on years
finished with zero or five, and the annual census must be delivered every year.
The information must be delivered from July the 1st
to August the 15th, by a declaration of foreign capital made with the
specific formulary, available in the BACEN’s website (www.bcb.gov.br).
The declarations will comprehend all the necessary
information to the compilation of the statistics of the foreign sector, about
the:
- Structure of corporations, companies or investment funds domiciled in Brazil with the specification about the non-residents partners or investors;
- Economic and accounting information of corporations or investment funds based in Brazil;
- Information about liabilities in Brazil with non-resident creditors;
The information required shall be send to the
Brazilian Central Bank according the data of December 31st of the last year.
Shall send the quinquennial census declaration the
corporations based in Brazil, with non-resident participation in the share
capital, the investment funds with shares belonging to non-residents, and corporations
based in the country with short term liabilities or over US$ 1 million United
States Dollars, in the indicated data period.
Shall send the annual census declaration the
corporations based in Brazil, with a net equity by or over US$ 100 million, if
they have non-resident in the stock capital.
Funds of investment whit non-resident share are also
obligated to sending the annual declaration of foreign capital, if they have a
net equity by or over US$ 100 million, but the corporations based in Brazil
only if they have liabilities with non-resident creditor equal or over US$ 10
million.
It is not mandatory to present the declaration of
foreign capital to natural persons, to the government organizations,
corporations whit liabilities in Brazil and non-profit organizations.
The accountable must keep the information sent to the
Brazilian Central Bank for five years from the term data, and it is totally confidential
the content.
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