“Decree-Law No. 76-A/2006 of March 29” created, and “Ordinance No. º 1416-A/2006, of December 19” regulated the creation of the permanent certificate that “as the name implies it had to be permanent it had to be something companies could use forever but the state turned it into temporary”.
Carlos Guimarães Pinto, Liberal Initiative deputy, economist and university professor, explains that “what we are going to do [com a apresentação de um Projeto de Lei] is to allow companies to access the permanent certificate without it expiring. What is happening right now is that a permanent certificate is issued and every time companies, and there are thousands of them, have to apply for it, they have to pay for it again”.
“It is true that there are changes in the characteristics of companies from time to time, but companies are already paying for it, every time they make it, every time these changes happen. So it makes sense that paying for these changes, can then access the certificate when they need it, without having to pay again. It pays double in these caseshe argues.
The Liberal Initiative proposal aims to end an issue that “it has no costs, it is published digitally”, but that yields more than 260 million euros to the state treasury, together with the remaining “trade registration rights”..
The “Finance” accounts that contain in the commercial fee “all certificates and annotations of a commercial nature” do not allow individualization of each of the components”, namely the permanent certificate that “contains information referring to an entity subject to commercial registration – companies, corporations, cooperatives, public companies or others – in digital format”.
The Permanent Registration Certificate is valid for one, two, three or four years, and like the others – the “Registration and Documents” and the “Updated Articles of Association/Articles of Association – have issuance costs ranging from 20 to 154 euros.
“The certificate does not change and while it does not change companies have to pay for a new certificate, it is silly bureaucracies”says Carlos Guimarães Pinto, or as João Duque, economist, professor of finance, president of ISEG, are”clutter and clutter that overwhelm businesses (…) obligations, some of them, that make no sense”.
The doubt here, emphasizes João Duque, is to understand whether “this more than 100 million, for example, expected revenue for this year” corresponds to “expenses” because “there are costs involved, let alone computer maintenance. It remains to be seen if they get 100 million for expenses, imagine, and maintenance costs 2 million. It is necessary to understand this, because the state is not used to making a profit”.
“Does it make sense that the permanent certificate is not permanent and that companies and people pay for it permanently, pay for a permanent certificate that is in practice temporary today?”
Carlos Guimarães Pinto asks and answers: “The Liberal Initiative understands that access to the permanent certificate, to the extent that it is performed electronically and the information is permanently updated, does not incur a cost in re-issuing it, as it does not have any for the services.. Providing the certificate with permanent validity gives it a temporary character, limiting the exercise of rights by entities when access is required and the validity period of the certificate has expired. In fact, these entities are already liable for compensation for the most diverse situations such as the creation of legal entities, amendments to the articles of association, in the event of a merger or division, dissolution, registration of shares, establishment of a permanent representation, endorsements, registrations, rectifications, among others”.
Source: DN
