The Ministry of Economy and the Brazilian Department of Registration of Business and Integration (DREI) ratified the legal basis for accepting digital currencies (cryptocurrencies) in the capital incorporation of businesses. National Commerce Registries must safeguard private sector autonomy, as expressed by the Law of Economic Freedom (Law n. 13.874/2019).
Circular Letter n. 4.081/2020 from the Ministry of Economy and the Brazilian Department of Registration of Business and Integration (DREI), submitted to all National Commerce Registries, clarified that all Commerce Registries are authorized to accept cryptocurrencies as part of the capital incorporation of businesses.
It formalized a national response to questions submitted by the Commerce Registry of São Paulo regarding the legal nature of cryptocurrencies and the legal basis for its acceptance in capital incorporation.
The circular letter reported that the Central Bank of Brazil (BCB), the Securities and Exchange Commission of Brazil (CVM) and the Brazilian Federal Revenue (RFB) have already expressed the legality of digital currencies as units of value and mediums of exchange, and that the RFB already regards cryptocurrencies as liable assets.
It also further expressed that, since no legal restrictions on the acceptance of digital currency exist, Commerce Registries must comply with the Law of Economic Freedom (Law n. 13.874/2019) in safeguarding private sector autonomy (article 3, item V) and avoiding regulatory abuse (article 4, item VII).