Atlas · Compliance
Registration of the entrepreneur is mandatory in the Public Registry of Mercantile Companies before starting the activity
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criterion | Consequence | Source | Data of record |
|---|---|---|---|---|
| Entrepreneur | Professional exercise of organized economic activity for the production or circulation of goods or services | Mandatory registration in the Public Registry of Mercantile Companies of the respective headquarters before starting the activity | Law 10.406/2002, art. 967 | 10/01/2002 |
Data consulted on 02/10/2026.
Basis
- Law No. 10.406/2002 (Planalto, in Portuguese): Art. 967 establishes the mandatory registration of the entrepreneur in the Public Registry of Mercantile Companies of the respective headquarters before starting their activity. Additionally, art. 966 defines an entrepreneur as someone who professionally exercises an organized economic activity for the production or circulation of goods or services. Art. 968 details that registration will be made through a request containing name, nationality, domicile, marital status, property regime, firm, capital, purpose, and headquarters of the company, recorded in the book of the Public Registry of Mercantile Companies with a continuous order number. Art. 969 states that a branch, subsidiary, or agency in another registry must be registered with proof of the original registration and noted in the headquarters. Art. 970 guarantees favorable, differentiated, and simplified treatment for rural entrepreneurs and small entrepreneurs. Art. 971 allows optional registration for rural entrepreneurs whose activity constitutes their main profession, equating them after registration.
How it applies
The requirement applies to those who professionally exercise an organized economic activity for the production or circulation of goods or services, as per art. 966 of Law 10.406/2002. Registration must be mandatory in the Public Registry of Mercantile Companies of the respective headquarters before the entrepreneur begins their activities, requiring a request with complete registration data, firm, capital, purpose, and headquarters, as per art. 968, following a continuous order number. If establishing a branch, subsidiary, or agency subject to another registry, it must also be registered with proof of the original registration and noted in the headquarters, as per art. 969. Rural entrepreneurs whose activity constitutes their main profession may optionally request registration to be equated, as per art. 971, and the law ensures favorable, differentiated, and simplified treatment for small entrepreneurs and rural entrepreneurs, as per art. 970.
Limits
- The law does not apply to those who exercise intellectual professions of a scientific, literary, or artistic nature, even with the assistance of assistants or collaborators, unless the exercise of the profession constitutes an element of a company, as per art. 966, paragraph 1, of Law 10.406/2002.
- Subsequent changes should be verified in the Planalto source.