Requirement of a website for electronic publication of the acts of a private S.A.

As a result of Ordinance No. 12,071/2021, the closed companies with annual gross revenue of up to R$ 78,000,000.00 (seventy-eight million reais) may replace the costly publications in newspapers with electronic publications of their financial statements, audit reports, minutes and corporate acts required by Law No. 6404/1976 ("Corporation Law").

Thus, publications can be made, free of charge, at the Central Balance-Sheet Database of the Public Digital Bookkeeping System - SPED.

Additionally, the Ordinance determines that such companies must make available the publications and disclosures required by law on their respective websites.

Therefore, such companies shall create a specific section in their websites to make such documents and information available.

In the case of companies that do not have a website, such as holding companies and non-operational family companies, we recommend the creation of a website to ensure the publicity provided for in the Ordinance.

To learn more about Ordinance 12.071/2021, which regulated electronic publications in addition to the Legal Framework for Startups (Complementary Law No. 182/2021), click here.

The Corporate Law team of Barcellos Tucunduva Advogados remains at your disposal to clarify any doubts related to the above topic, at the e-mail [email protected].