Startups Legal Framework

Agência Nacional de Proteção de Dados
Presidente da República nomeia Diretores e Presidente da ANPD
06/11/2020
Decisão do STF pode beneficiar empresas enquadradas no REINTEGRA
Decisão do STF pode beneficiar empresas enquadradas no REINTEGRA
20/11/2020

Startups Legal Framework

Startups Legal Framework

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».

Angel Investor

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.

Detailed information can be provided directly by our experts from the Business Legal Support team.

+55 19 3252-4324

 

Our e-books, posts and newsletters, open studies and reports, news, articles, theses and legal opinions aim to communicate to friends, customers and partners of the firm, the legal perspective of the facts that impact their business, including decisions within the judiciary, information about legislative processes on the underway, executive power measures, management, innovation and new scenarios for the Economic Sectors. Our institutional campaigns, studies, reports and job opportunities are also published hereby, in accordance with current legislation, at the service of the community. Attention: specific cases require personalized technical attention on the facts and must obtain tailored legal advice before taking any legal or paralegal action. If you, your company or the shareholders board need advice, please contact VAZ DE ALMEIDA ADVOGADOS.

Rua Clóvis Bevilácqua, 165
Guanabara neighborhood
Campinas, SP
13073-021
Brazil

VAA
VAA
VAZ DE ALMEIDA ADVOGADOS é um escritório de advocacia abrangente, dedicado à excelência do atendimento às empresas e aos seus principais líderes, ultrapassando os padrões convencionais da advocacia ao proporcionar uma experiência incomum em qualidade técnica e relacionamentos.

Nossa newsletter

Subscreva a nossa newsletter e receba regularmente as nossas notícias

Vaz de Almeida - Advogados