Who this guide is for
This is the short, practical version of our guide on apostille and power of attorney. Use it as a checklist, and read that guide for the reasons behind each step.
Short answer. The list depends on who the investor is and on the operation. A document issued abroad may go through three different steps: notarial recognition, apostille or consular legalisation, and sworn translation into Portuguese. Not every document needs all three, and the check should happen before you contract any of them.
General information as of November 2026. It does not replace the analysis of each case.
Run the numbers: How much does it cost to open the company?
Which documents are usually analysed
| 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 for the registrations that apply |
The Commercial Registry registers the company. Other bodies, such as the Receita Federal and the banks, can require their own documents.
The order to prepare each document
- Define the operation. Who the investor is, who signs and which acts are needed in Brazil.
- List the documents and the signatories. Names must match across all of them.
- Check the country. The Hague Apostille Convention has been in force for Brazil since August 14, 2016. Confirm that it applies between the country of origin and Brazil. If it does not, the document normally follows consular legalisation.
- Notarial recognition, when needed. A private document may first need a notarial act so that the official act can be apostilled.
- Apostille. It is issued by the competent authority of the country where the document comes from. A Brazilian notary cannot replace it.
- Sworn translation. For the Commercial Registry, article 15 of DREI Normative Instruction 81/2020 requires, as a rule, a translation by a public translator when the document is not in Portuguese. There are exceptions, such as the identity document and a document in two columns, Portuguese and a foreign language.
- Power of attorney with the right powers. It must identify the parties, the place, the date, the purpose and the extent of the powers. Acts beyond ordinary administration need special and express powers.
- Ask the bank and other bodies. They may require documents of their own.
Mistakes that cause rework
- Sending only a signed power of attorney, without checking the local formalities.
- Using a generic power of attorney for every act.
- Apostilling a Brazilian translation and expecting it to replace the apostille of the foreign document.
- Using an ordinary translation, including one made by artificial intelligence, in place of a sworn translation.
- Names, spellings or dates that differ between documents.
Checklist
- ☐ Investor defined (individual or company)
- ☐ Signatories and powers defined
- ☐ Country checked: apostille or consular legalisation
- ☐ Notarial recognition done, where needed
- ☐ Apostille obtained from the foreign authority
- ☐ Sworn translation ordered, or exception confirmed
- ☐ Power of attorney reviewed against the acts in Brazil
- ☐ Names and dates consistent across documents
- ☐ Requirements of the bank and other bodies confirmed
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How we work
We define the operation, check content, powers and form, guide the formalities abroad, organise the translation and prepare the Brazilian filing. The notary, apostille, translation and delivery costs are identified separately.
Legal basis and sources
- Decree 8,660/2016: promulgates the Hague Apostille Convention. In force for Brazil since August 14, 2016.
- DREI Normative Instruction 81/2020, art. 15: translation for the Commercial Registry.
- Civil Code, arts. 653, 654 and 661: power of attorney.