Opening a business is very difficult, especially as a foreigner. There are different ways of opening the company; one is to start from scratch and open a new company, and another is to buy an off-the-shelf company. I have not had direct experience with buying an off-the-shelf company, but I know there are pros and cons. It can certainly be quicker but it demands serious due diligence. There are circumstances in which it is more …
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Registering a brand in Brazil
Registering a brand and logo with the INPI takes on average 3 years. Interestingly 35% of applications for brands never get finished. A short post for a long process.
Software patents in Brazil
If you are looking to patent your software in Brazil, I have some bad news for you. You can’t patent software in Brazil. Under Brazilian law, an invention which is not ultimately manufactured or produced is held to be unpatentable. This includes the following areas in the the “mental” context: Mathematical models Abstract concepts Computer programs Rules of a game Presentation of information You can register your source code with NPI which protects the source …
Finding a lawyer for your startup in Brazil
Finding lawyers in Brazil that have experience with startups is both incredibly difficult and critical to your success. Your local embassy will likely recommend expensive lawyers with international experience and not startup experience. Firstly, some general advice: 1) Remember, you are selecting the lawyer, not the law firm. Lousy lawyers can end up working for great firms. 2) Look for glowing recommendations in your network. Half-hearted recommendations do not count. 3) Look for experience with …
Standard legal contracts for Brazil
Brazilian Law is complex and I always recommend seeking professional legal advice for all contract needs from good lawyer in Brazil. However, to be helpful, I have attached a sanitised version NDA which I use at my startups. Its generic but its enough to protect my idea to the extent possible in Brazil, and gain some credibility. Of course, there are some sites such as this one where you can find hundreds of standard contracts such as: Rental contracts Staff …
Is it legal to hire my entire staff as PJ in Brazil?
In terms of taxes and benefits, hiring PJ aka outsourcing is cheaper than hiring as an employee (CLT). However, my Brazilian accountant once told me: its only illegal if you get caught. I did fire the accountant but its a sad truth that many startups do this when there aren’t supposed to and pass under the radar. From hours of conversations with lawyers, I have gathered that it is illegal in Brazil to: (i) outsource the …
Why people ask their employers to fire them in Brazil
When I arrived in Brazil, I was surprised at how common this practice was. So I found out why it happens. If you are working CLT (work contract) in Brazil, your company is obliged to pay 8% of your salary into a severance fund called FGTS. As an employee, you can only access this fund if you are fired (or terminally ill or buying a property). If an employee quits they can’t access this fund …
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