Editada medida provisória que agiliza processo de abertura de empresas
No dia 13 de março de 2019, foi Editada a Medida Provisória nº 876 (MP nº 876), que estabelece o arquivamento automático dos atos constitutivos de todas as sociedades sujeitas a registro nas Juntas Comerciais, com exceção das sociedades anônimas, consórcios e grupos de sociedades, caso os seguintes requisitos sejam cumpridos: (i) aprovação da consulta prévia da viabilidade do nome empresarial e da viabilidade de localização; e (ii) utilização pelo requerente do instrumento padrão estabelecido pelo Departamento Nacional de Registro Empresarial e Integração da Secretaria de Governo Digital da Secretaria Especial de Desburocratização, Gestão e Governo Digital do Ministério da Economia.
Outra novidade que a MP nº 876 traz é referente à análise dos documentos submetidos às Juntas Comerciais para a constituição das sociedades, que será realizada posteriormente ao respectivo arquivamento automático em um prazo de dois dias úteis contados da data de seu recebimento. Contudo, caso seja identificado vício insanável, o arquivamento será cancelado. Do contrário, o processo segue o curso normal como atualmente existente para correção do vício, sem que haja qualquer prejuízo à concessão automática do registro.
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