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New law will allow legal acts and transactions to be registered and consulted electronically

On June 28, 2022, Law no. 14,382/22 (result of the conversion into law of Provisional Measure nº 1,085/2021), which establishes the Electronic System of Public Records – SERP. The SERP aims to modernize and simplify procedures relating to public records of legal acts and transactions, offering users remote services via the internet.

Law 14,382/22 also brings important changes to the real estate business environment, mainly due to the changes promoted in the Public Records Law (Law nº 6,015/73), the Real Estate Incorporation Law (Law nº 4,591/64), the Allotment Law (Law nº 6,766/79), the Civil Code and the Law of Urban Land Regularization – Reurb (Law nº 13,465/17).

Among the changes, the following stand out: (i) the reduction of deadlines for acts of services and issuance of digital certificates; (ii) the possibility of compulsory extrajudicial adjudication of property; (iii) characterization as real estate development of the activity of alienating lots forming part of division or subdivision, when linked to the construction of detached or semi-detached houses; (iv) maintaining the irreversibility of contracts signed within the scope of real estate development; (v) possibility for notaries to carry out arbitration and auction activities; and (vi) exclusion from the list of parties of holders of real rights of mortgage guarantee or pledge and holders of maturing credit, whose real estate property is temporarily linked to the financial credit operation.

Maneira Advogados is available to provide any clarifications on the topic.

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