Atlas · Governance
Maximum deadline for the Public Prosecutor's Office to approve changes to a foundation's bylaws is 45 days
AnswerThe Public Prosecutor's Office has a maximum deadline of 45 days to approve or deny changes to a foundation's bylaws. If it does not respond, the judge may grant approval.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Action | Deadline | Source | Data source |
|---|---|---|---|---|
| Public Prosecutor's Office | Approve or deny changes to the foundation's bylaws | 45 days | Law No. 10.406/2002 (Civil Code), art. 67, III | 03/15/2015 (redaction given by Law No. 13.151) |
Data consulted on 10/02/2026.
Basis
- Law No. 10.406/2002 (Civil Code, Planalto): Art. 67, III, establishes that changes to a foundation's bylaws must be approved by the Public Prosecutor's Office within a maximum of 45 days, otherwise the judge may grant approval upon request by the interested party.
How it applies
The 45-day deadline starts from the submission of the bylaws change to the Public Prosecutor's Office. If the agency does not respond within the deadline, the interested party may request the judge to grant approval. Approval by the Public Prosecutor's Office is mandatory for the change to have legal validity, except if the judge overrides the omission.
Limits
- This rule does not apply to public foundations or those with special regimes, which may have different deadlines or procedures.
- The 45-day deadline starts from the date of submission of the change to the Public Prosecutor's Office, with no provision for automatic extension.
- If the Public Prosecutor's Office denies approval, the interested party may appeal to the judge, but the judicial decision is not automatic and depends on merit analysis.
- This document does not cover foreign foundations or those governed by specific laws (e.g., support foundations linked to universities).
- Subsequent changes to the Civil Code should be verified directly in the official source.
- Law No. 11.101/2005 (Bankruptcy Law) does not apply to this topic, as it deals with judicial recovery and bankruptcy, not foundations.