Asset Deed

 

 

What is it?

 

Asset deed is the act drawn up in the public notary office, through which one of the parties sells a specific asset (movable or property) to another.

 

Attention: in addition of being safer, public deeds cost less than private contracts. Always consult a public notary before closing a real estate deal.

 

 

 

What are the procedures?

 

The deed of purchase or sale must be made at the Public Notary Office, by prior appointment, so that the necessary documentation is collected to carry out the legal transaction, as well as for any clarification to be made to the parties.
On the schedule date, the interested parties must go to the public notary office, in possession of their original personal documents, to sign the deed.
The public deed is mandatory for the transfer of real estate worth more than 30 minimum wages.

 

Attention: After the deed of purchase and sale of the property has been drawn up, it must be registered with the real estate registry office. You can request the notary office to arrange this with the real estate registry.

 

 

 

 

 

Documents required

 

Individual Seller:

- Original ID and CPF, including spouses;

- Marriage certificate: whether married, separated or divorced;

- Premarital pact registered, if any;

- Death Certificate (must be presented if the seller is a widower);

- Provide address;

- Provide occupational information.

 

Legal Entity Seller:

- CNPJ number to obtain a certificate via internet;

- Contract or bylaws, last amendment and amendment that includes changes in the executive board;

- Federal Debt Joint Debt Certificate (PGFN);

- INSS Negative Debt Certificate (CND);

- ID, CPF, occupation and domicile address of the director, business partner or attorney-in-fact who will sign the deed;

- Certificate from the commercial board that there are no other changes.

 

 

 

 

In the case of a seller, it can also be requested:

 

- Labor Justice Certificate;

- Certificate from the Protest Registries;

- Certificate of Civil Distributors;

- Certificate of Fiscal Executives – Municipal and State;

- Federal Justice Certificate;

- Criminal Justice Certificate.

 

 

 

 

Buyers:

 

- Original ID and CPF, including from the spouses;

- Marriage Certificate: If married, separated or divorced;

- A registered prenuptial agreement, if there is any;

- Death Certificate;

- Address;

- Profession.

 

Attention: The spouse must have his/her own individual CPF

 

 

If the spouses are married up to the community property regime, conventional separation of partnership of acquests, prior registration of the prenuptial agreement is required at the Real Estate Registry office of the spouses domicile.

 

 

 

 

Movable property documents:

 

In the case of movable asset, a document must be presented, whenever possible, proving ownership of the asset and the respective value, for example, a single vehicle transfer document and respective quotation under the terms of the FIPE table.
If the asset does not have a specific document, such as jewelry, machinery and others, the seller will describe the asset and declare the value.

 

Attention: In the case of quotas or shares of a certain company, it is important to present the balance sheet.

 

 

 

 

 

Real Estate Documents:

 

 

Urban – House or Apartment:

 

- Registration certificate or transcript updated at the time of signing the deed (term of 30 days from the issued date);

 

- Certificate booklet of the current year;

 

- IPTU booklet of the current year;

 

- Inform the purchase price.

 

 

 

Rural:

- Registration certificate or updated transcript (30 days from the issued date). The certificate must be updated at the time of writing the deed, and not at the time of delivery of documents to the notary public office;

 

- Certificate of fiscal regularity of the property issued by the Federal Revenue Service (RFB);

 

- Rural Property Registration Certificate (CCIR);

 

- 5 (five) last proves of payment of the Rural Real Estate Property Tax (ITR);

 

- Rural Territorial Property Duty Declaration (DITR);

 

- Inform the purchase price.

 

 

 

Other Documents:

 

- Power of attorney for representatives. Deadline: 90 days. If the power of attorney is made in a notary public office in another city, you must present the notarized signature of the official who sent it;

 

- Substitution of power of attorney. Deadline: 90 days. If done in a notary public office in another city, it must be presented the notarized signature of the official who sent it;

 

- Judicial license, in its original state.

 

If the buyer is a legal entity, he must present the original or certified copy of the articles of association and their amendments, minutes of appointment of the board, CNPJ, in addition to the original ID and CPF of the representative who will sign the document.

 

 

 

 

How much does it cost?

 

The price is fixed by law in all registries in this State. To check the values, consult the notary public of your choice.

 

Source: www.cnbsp.org.br