Who this guide is for
This guide is for foreign individuals and companies that plan to open a company or acquire a stake in a Brazilian business.
To register the operation, the Brazilian authorities need to identify the investor and check who can act on their behalf.
If the documents were issued abroad, three different steps can be needed: notarial recognition, apostille or consular legalisation, and translation into Portuguese.
The sequence depends on the country, on the document and on the body that will receive it.
Short answer. The Hague Apostille is a certificate that allows the origin of certain foreign public documents to be verified, replacing consular legalisation when the Convention applies.
It does not translate the document, and it does not guarantee, on its own, that its content meets Brazilian requirements.
A power of attorney authorises another person to carry out acts on behalf of the investor. Its powers must match what will be done in Brazil.
For documents submitted to the Commercial Registry (Junta Comercial), the translation rule is in article 15 of DREI Normative Instruction 81/2020, which also provides exceptions, including documents in two columns in Portuguese and another language (see the consolidated text).
General information as of October 2026. Confirm your case with your advisors.
What is an apostille?
It is a certification issued by a competent authority of the country where the document comes from.
Think of a power of attorney signed before a foreign notary. The apostille lets the authenticity of the signature and the capacity of the authority responsible for the act be verified, without repeating the legalisation at the Brazilian consulate.
Article 5 of the Hague Convention, promulgated in Brazil by Decree 8,660/2016, provides that the apostille certifies the authenticity of the signature and the capacity in which the signatory acted. When applicable, it also certifies the authenticity of the seal or stamp.
The apostille confirms the formal origin of the document. The analysis of its content, of the powers granted and of the registration requirements is still needed.
When does it replace consular legalisation?
The Convention has been in force for Brazil since August 14, 2016.
You need to confirm that it produces effects between the country where the document comes from and Brazil. Any exemptions provided in other agreements must also be checked.
Articles 2 and 3 of the Convention replace diplomatic or consular legalisation with the apostille for the documents covered.
This simplification concerns authentication. It does not remove requirements of translation, identification or content.
If the Convention does not apply, the document will normally follow the consular legalisation route, unless there is a specific exemption. The procedure must be confirmed with the competent Brazilian representation (see Decree 8,660/2016).
Are apostille, notary and translation the same thing?
No. Each step has a function:
| Procedure | What it is for |
|---|---|
| Notarial act or recognition | Formalises the document or certifies the signature, according to local rules. |
| Apostille | Certifies the origin of the public document or of the notarial act for international use. |
| Sworn translation | Presents the foreign content in Portuguese with the formality required in Brazil. |
A private document may first need notarial recognition so that the corresponding official act can be apostilled.
Article 1 of the Convention covers notarial acts and official certifications placed on private documents, including recognitions of signature.
So sending only a signed power of attorney, without checking the local formalities, can lead to rework.
Which documents are usually needed?
The list depends on who the investor will be and on the operation planned.
| Investor | Documents normally analysed |
|---|---|
| Individual | Identity document, identification data and a power of attorney, when there is representation. |
| Foreign company | Proof of legal existence, corporate documents, identification of the representatives and proof of their powers. |
| Both | Additional documents required for the registration and the registrations that apply. |
The Commercial Registry is the state body responsible for registering business companies. Other bodies and institutions, such as the Receita Federal and banks, can require their own documentation.
Not every document on the list will necessarily need an apostille or a translation. The check should take place before contracting these services.
What must the power of attorney authorise?
The power of attorney is the document by which the investor grants powers to a representative, called the attorney-in-fact.
Article 653 of the Civil Code defines the power of attorney as the instrument of the mandate. Article 654, paragraph 1, requires a private instrument to identify the parties, the place, the date, the purpose and the extent of the powers.
Depending on the work, powers may be needed to sign corporate documents, represent the investor before Brazilian bodies and receive communications or service of process.
Corporate, tax and bank representation can have different requirements. A generic power of attorney should not be considered enough for every act.
Article 661, paragraph 1, requires special and express powers for acts that go beyond ordinary administration (see the Civil Code).
When is a sworn translation needed?
For business registration, article 15 of DREI Normative Instruction 81/2020 requires, as a rule, a translation by a public translator registered in any Commercial Registry when the foreign documents are not in Portuguese.
The rule contains an exception for the identity document and governs other specific situations.
The public translator, also known as sworn translator, is the professional qualified to make this formal translation.
When needed, the translation must cover the relevant content of the set of documents, including certifications, stamps and apostilles in a foreign language.
An ordinary translation, including one made by artificial intelligence, does not become a sworn translation just because it receives notarial recognition.
Can a document in two languages avoid the translation?
Yes, there is a specific provision for documents submitted to the Commercial Registry.
Article 15, paragraph 4, of DREI Normative Instruction 81/2020 waives the public translation of a document in two columns in Portuguese and a foreign language, while keeping the requirement of consular legalisation or apostille, unless the law exempts it.
A two-column document is one that presents the text in both languages, normally in matching columns.
Paragraph 5 requires a public translation of the stamps or seals on the original, when applicable.
This allows a power of attorney prepared in both languages from the start to be assessed. The Portuguese version must be part of the document that is formalised; it is not enough to attach an informal translation later.
The waiver provided for the Commercial Registry also does not guarantee automatic acceptance by the bank or by another body.
Who issues the apostille?
The competent authority of the country where the document comes from, under articles 3 and 6 of the Convention.
Depending on the country, it can be a court, a public body, an authorised notary or another designated authority.
A Brazilian notary office does not replace the foreign authority to apostille the original document issued abroad.
Apostilling in Brazil a translation or another Brazilian act is also not the same as apostilling the foreign document that gave rise to it.
How we organise the steps
- We define the operation. We identify the investor, the signatories and the acts needed in Brazil.
- We check the documents. We verify content, powers and the form of presentation.
- We guide the formalisation abroad. We indicate what needs a notarial act, an apostille or legalisation.
- We organise the translation. We assess the requirement and the exemptions that apply.
- We prepare the Brazilian filing. We check the files and any originals required.
The delivery can involve physical or electronic documents, depending on how they were issued and on the recipient's requirements. Before using international mail, we confirm the format needed. Our guide on opening a company gives the full sequence, and the guide on the SCE-IED covers the Central Bank step.
Deadlines and costs
The calendar depends on the issue of the documents, on the availability of the foreign authorities and on the translation.
Documents with incomplete powers or mismatched names may need to be redone. A prior review reduces this risk.
The costs of the notary, the apostille, the translation and the delivery are identified separately, according to the scope contracted.
Legal basis and sources
Rules and guidance used in this guide, checked in October 2026:
- Decree 8,660/2016: promulgates the Hague Apostille Convention (articles 1, 2, 3, 5 and 6), in force for Brazil since August 14, 2016.
- DREI Normative Instruction 81/2020, article 15: translation of foreign documents filed with the Commercial Registry, and its exceptions.
- Civil Code (Law 10,406/2002), articles 653, 654 and 661: power of attorney and its powers.
How we work
Move Advisory is the consulting area of Move Online, an accounting firm in São Paulo founded in 2017.
We list the documents, review the drafts and coordinate the preparation for the Brazilian registrations. When needed, we organise the sworn translation with a qualified professional. See the services page.