With the purpose of gathering statistics on foreign investment in the Brazilian economy, the Central Bank of Brazil (“BACEN“) conducts five-year and annual census of foreign capitals in Brazil. The five-year census – which have a broader scope than the annual – are carried out in respect to the base years ending in zero (0) or five (5). BACEN will carry out this year the Five-Year Census on Foreign Capitals related to base year ended in 2020 (“Five-Year Census“). Pursuant to Normative Resolution No. 3,795/2016, the following are required to submit the Five-Year Census statement to BACEN:

1. legal entities based in Brazil that, on December 31^st, 2020, had direct participation of non-residents in their capital, in any amount;
2. investment funds that, on December 31^st, 2020, had non-resident investors; and
3. legal entities based in Brazil that, on December 31^st, 2020, had a total outstanding balance of short-term credits (payable in up to 360 days) granted by non-residents in an amount equal or higher than the equivalent in BRL to USD 1 million.

The statements start being received by BACEN as of July 1^st, 2021, and must be submitted no later than 6 pm on August 16^th, 2021.

Those submitting the statement after the deadline and/or failing to comply with the requirements set forth in the applicable regulation are subject to the imposition of penalties by BACEN.

Sperling Advogados remains at your disposal to assist you on this matter.