Entering 2026 with corporate governance in order is essential to protect and boost a Brazilian business, focusing on elements that guarantee stability and minimizing legal risks that could compromise the company’s growth and profitability.
Adopting these actions is a strategic measure that focuses on sustainable development.
We have listed 5 points of attention for reflection, which usually prove to be sensitive points in the organization of companies:
1. Contracts with key partners: It is essential to identify in Brazilian business, within the company’s organizational structure, who its key partners are. Who are those who drive and make a difference in the business? Does the company have a contractual relationship with this partner? Is this relationship clear and objective? Is the remuneration divided into dividends? Is there exclusivity? Is there a provision for non-competition in the event of termination of this relationship? Do confidentiality obligations protect all sensitive information and relationships? These are just some of the issues that need to be formalized in Brazil to ensure the success of any partnership.
2. Trademark and patent registration: After developing a brand or product, it is essential that the appropriate registrations are made. The procedures are specific and objective, but granting them can take time. Therefore, agility at the beginning of the process is essential, thus avoiding unnecessary exposure of the business and its products.
3. Shareholders agreement: A strong and objective partners/shareholders agreement protects all partners in a company. It is also a document that demonstrates seriousness and organization, and is important to present to investors. The agreement must be widely discussed and negotiated between partners and shareholders, and should be made, mainly, at a time when the relationship between all parties is free of disagreements. Here, the business management premises must be established, including, but not limited to, issues related to the increase in the company’s capital, sale of shares, entry and exit of partners, management of the Brazilian company, succession, and non-compete. Another sensitive point that deserves emphasis is the distribution of dividends, in light of the significant changes recently made by the Brazilian tax reform.
4. Obtaining software licenses: Given the increasing dependence on technological resources for the company’s operation, it is necessary to have security and certainty that the resources being used are adequately protected. This verification in Brazil involves not only obtaining and regularizing software and program licenses, but also the legitimacy of those who claim to be the owners of these systems. The Assignment of Use of any system must be verified, and the entire chain of stakeholders must be regular.2. Obtaining software licenses: Given the increasing dependence on technological resources for the company’s operation, it is necessary to have security and certainty that the resources being used are adequately protected. This verification in Brazil involves not only obtaining and regularizing software and program licenses, but also the legitimacy of those who claim to be the owners of these systems. The Assignment of Use of any system must be verified, and the entire chain of stakeholders must be regular.
5. Corporate Governance Plan: This is the time to reassess corporate governance, ethics and compliance policies – which includes creating or reviewing codes of conduct, information security policies, fraud prevention and other guidelines that ensure good company management. Likewise, it is important to carry out a risk analysis to identify legal, operational and financial vulnerabilities, creating or adjusting contingency plans.
By addressing strategic relationships, intangible assets, technology, and management practices in a structured way, a safer environment is created for making decisions and seizing opportunities, without being held hostage by improvisation or unnecessary risks. A governance routine in Brazil should be developed to support business growth over the coming years.
