Atlas · Corporations
Minimum percentage of 10% of the share issue price must be paid as a down payment upon incorporation
AnswerUpon the incorporation of a company, at least 10% of the issue price of shares subscribed in cash must be paid as a down payment.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criterion | Consequence | Source | Data date |
|---|---|---|---|---|
| Company under incorporation | Cash share subscription | Minimum 10% payment of the issue price as a down payment | Lei 6.404/1976, art. 80, II | 15/12/1976 |
Data consulted on 02/10/2026.
Basis
- Lei n.º 6.404/1976, compilada (Planalto, in Portuguese): art. 80, item II, establishes the requirement to pay 10% of the issue price of shares subscribed in cash for the incorporation of the company.
How it applies
For a company to be legally incorporated, preliminary requirements must be met. Among them, if shares are subscribed in cash, the subscriber must pay at least 10% of the value defined as the share issue price. This amount paid in cash must be deposited at Banco do Brasil or another banking institution authorized by the Securities and Exchange Commission (CVM) in the name of the subscriber and in favor of the company in the process of organization.
Limits
- The 10% percentage rule does not apply to companies for which the law specifically requires a higher initial payment of the share capital.
- This sheet does not address capital increases subsequent to the incorporation of the company, which have distinct requirements (such as art. 170 of Lei 6.404/1976).
- Subsequent changes to the consulted version of the law must be verified directly at the official Planalto source.