The new rule on publications of corporations: what changes?

Do you know what changes with the entry into force of Law 13.818 / 2019 and the new rule on publications of the anonymous societies?

Check out all the details following the content and adapt to your company to the changes defined by legislation.

What has changed with the new rule on the publications of the anonymous societies?

a Law 13.818 / 2019 Altered the caput of article 289 of the Law 6.404 / 1976 , also known as anonymous corporation law, modifying The requirements regarding S / A publications.

Before the entry into force of the new law, we had the following:

"Art. 289. The publications ordered by this law will be made in the official union or the State or the Federal District, as the place where the Company's headquarters is situated, and in another new journal edited in the locality in which the company seat. "

However, with the change, the text increased with the following wording:

"Art. 289. The publications ordered by this law shall comply with the following conditions:

I - should be made in a newspaper of high circulation edited in the locality where the Company's headquarters is situated, in a summary form and with a simultaneous disclosure of the full documents on the page of the same newspaper on the Internet, which Digital certification of the authenticity of documents maintained on their own page issued by certifying authority accredited under the Brazilian public key infrastructure (ICP-Brasil);

We highlight the points that reflect the practical changes implemented by the New Law. As we can observe, anonymous societies, no longer need to make publications in the Official Gazette.

Now, publications must be carried out in a large circulation newspaper, with simultaneous and full disclosure, documents on the page of the same newspaper on the Internet.

In practice, change reduces bureaucracy, making it more agile and practical to carry out publications.

Other important points about publications of corporation of corporations

Despite the changes, it is important to highlight that CVM - Securities Commission Autonomy to require companies to use other means for wide dissemination and access to information.

Check out what paragraph 1 of the same article:

"§ 1 The Securities Committee may determine that the publications ordered by this law are also made in a newspaper of great circulation in the localities where the Company's securities are traded on Balcony market, or disseminated by some other means that ensure its broad disclosure and immediate access to information. "

In addition, it is important to note that companies must carry out publications, always in the same newspaper, with any amendment communicated in advance to shareholders in the extract of the minutes of the Ordinary General Assembly:

"Paragraph 3 The Company must make the publications provided for in this law always in the same newspaper, and any change should be preceded by the shareholders in the extract of the minutes of the Ordinary General Assembly."

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