Startups Legal Framework
Proposal aims to reduce bureaucracy in the business environment, facilitating credit, participation in bids and the entry investors angels.
by Nathália Batista
Last October 20, the Executive Power presented to the National Congress the Complementary Bill (PLP) no. 249/2020, which has as its proposal the establishment of the legal framework of startups and innovative entrepreneurship.
PLP no. 249/2020 seeks to support and stimulate the business environment in the country, the facilitation of investment and the development of startups, defined as business organizations, nascent or in recent operation, whose performance is characterized by innovation applied to the business model or to the products or services offered.
Conditions for framing
PLP no. 249/2020 established as eligible requirements for the framework as startups:
(a) annual gross revenue of up to R$ 16,000,000.00 in the previous year, or up to R$ 1,333,334.00 per month, if the operation started less than a year ago;
(b) up to six years of registration in the National Registry of Legal Entities (CNPJ); and
(c) at least one of the following requirements:
(c’) declaration, in its constitutive or amended act, of the use of innovative business models for the generation of products or services; or
(c”) framework in the special «Inova Simples».
It is important to mention that PLP no. 249/2020, entrepreneurship to innovation activities, the possibility for startups to admit the capital contribution, by individual or legal entity, without these investors being considered partners and/or in any way integrate the corporate composition. In addition, according to the PLP, investors will not have management rights, but will be able to participate in the deliberations on a strictly advisory basis.
Debureaucratization and bidding
Finally, among the main themes addressed by PLP no. 249/2020, we also highlight:
(1) the possibility of companies that have investment obligations in research, development and innovation, arising from grants or delegations signed through regulatory agencies, to fulfill their commitments by providing resources in startups;
(2) experimental regulatory environment programs that, as provided for in PLP no. 249/2020, consist of the possibility for participating legal entities to receive temporary authorization from agencies and entities with sectoral regulatory competence to develop innovative business models and test experimental techniques and technologies by meeting criteria and limits previously established by the regulatory agency or authority and through an facilitated procedure;
(3) the possibility of contracting innovative solutions by the State by bidding in the special modality provided for in PLP no. 249/2020 itself.
PLP no. 249/2020 was attached to Complementary Bill no. 146/2019, which also presents measures to stimulate startups, and is being processed in Congress on a priority.
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