Understand how much your company benefits from a law that unifies databases and digitizes actions from all registry offices in the country

Law 14,382/2022 is already in force, enabling the interconnection of the databases of all Brazilian notaries through the electronic system of public records (Serp) – which represents progress for companies. In addition to introducing newspapers in several notary businesses, the law also enables the virtual holding of general meetings of private legal entities.

Although the use of digital media for various notary activities is already a reality for most national notaries, it happened temporarily and urgently in the conditions of the pandemic, so it was necessary to have a rule establishing permanent rules of digitization. The Federation of Trade in Goods, Services and Tourism of the State of São Paulo (FecomercioSP) has worked hard to ensure that the project moves quickly in Congress during the process, as it understands that this is an important step towards the debureaucratization that business is waiting for in the sector. Find out what has changed with the new law below.

Aug

In general, the law makes Serp efficient, created to unify notary systems throughout the country, providing consultations, registrations and confirmations in a virtual way and with a shortened deadline. The new system will cover, for example, the registry of natural persons, the registry of legal entities, the register of ownership and documents, and the registration of real estate.

The simplification that is expected with the arrival of the new integrated system is largely due to the possibility of processing excerpts at notaries public, for the purpose of entering or registering facts, acts and legal affairs. “Excerpt” is an electronic summary of documents required for such an act, sent for analysis and training of officials. In practice, the registration process will be much simpler and faster, because there will be no need for physical archiving of documents, it is enough to present them once and after registration in Serpa, they will be accessed in the future in the unified data base for the entire country. .

The expected completion of the implementation of the system is expected by January 31, 2023. From that date, registration officers will be able to issue certificates electronically, without the need to print them out. They must also have a secure identification of authenticity, according to the criteria of the National Council of Justice (CNJ). Serp will finance the Fund for the introduction and calculation of the costs of the electronic system of public records (Fics).

In addition to the unified system, there are several changes aimed at simplifying various procedures and rules established almost 50 years ago. The list of features for the new integrated system includes:

– electronic public records of legal acts and transactions;

– interconnection of public record services;

– interoperability of databases between public records services and between public records services and Serpa;

– remote service to users of all purposes of public records, via the Internet;

– receiving and sending documents and titles, issuing certificates and providing information, in electronic form, including centralized, for later distribution to competent public records services;

– electronic visualization of transcribed, entered or registered acts in public registries;

– exchange of electronic documents and information between public registry offices, among many others.

FecomercioSP believes that with the law there will be a consistent reduction of notary fees, given that currently a large part of the costs is directly related to printing and archiving physical documents. The values ​​practiced by notaries make negotiations impossible.

Security of information

In order for the user of the system to be securely identified, the use of facial biometrics to perform actions, as well as the use of advanced technological means of digital signature, is legally prescribed. Notaries will have access to the databases of the institute for the identification of citizens, cadastral databases of the community, including the Individual Register of the Special Secretariat of Federal Revenue, Ministry of Economy and Electoral Justice, respecting the rules of the General Law on the Protection of Personal Data (LGPD).

Changes in the Civil Code

The law also brings changes to the Civil Code, the main of which is the possibility for legal entities under private law to hold general meetings electronically, without prejudice to the provisions of special laws and statutes. They can even fire managers and change the statute, respecting the stipulated rights of participation and expression.

The new wording of Art. 1142 of the Civil Code also represents a novelty by prescribing that a place of business should not be confused with the place where the business activity is carried out, which can be physical or virtual. In cases where the place of business is virtual, the address specified for registration purposes may be, depending on the case, the address of the individual entrepreneur or one of the partners of the company.

Below, see the tables with some changes to the deadlines established by the new law.

Issuance of certificates

Registration and note

performance

Since the process in Congress, FecomercioSP has mobilized parliamentarians to approve the proposal. The Federation understands that the proposed innovations are very positive, however, it should be remembered that the effective institution of the Serp depends on the regulation of the internal affairs of the CNJ – and this challenge is enormous, since the national territory is of continental proportions, with completely different regions in different aspects, including in terms of development and access to technology. The implementation of the new system will certainly take place gradually, leaving notaries and the population time to adapt to the new practice.

Notaries must follow the development of society. Notaries public and registry agents are individuals who cooperate with public authorities as if they were a true extension of the judiciary and therefore must uphold the sovereignty of the Constitution. Therefore, it is necessary to monitor these agents in terms of the technological progress in which Brazilian society lives, with the risk that they are no longer observed through their social functions, but through outdated and obsolete practices.

National team

Always looking for a better business environment, FecomercioSP forwarded, presidential candidates and candidates for the Government of the State of São Paulo, a list of priority proposals in the trade, services and tourism sector for the next four years.