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On April 28, 2020 the Administrative Department of the Courts of the State of São Paulo enacted a ruling (“Provimento CG No. 12/2020”), which authorizes and regulates the practice of notary acts by electronic means.

In view of the restrictions on activities and travels ordered by governmental authorities seeking to minimize the effects of the Covid-19 pandemic, Provimento CG No. 12/2020 authorizes public notaries of the State of São Paulo to execute public deeds and issue notary minutes using digital signature, as well as to verify the capacity and formalize the decision of the parties remotely, by videoconference or other technological means of transmission of sounds and images, which shall be later confirmed through the digital signature of the parties.

The authorization does not apply to public deeds of will and for the approval of sealed wills.
It is important to note that the digital signature must be certified by a certifying authority and comply with the other requirements provided for by Provisional Measure No. 2,200-2/2001, which introduced the Brazilian public key infrastructure – the so-called “ICP-Brasil”.

Provimento CG No. 12/2020 will be effective for 30 days from April 28, 2020.

This material is for information purposes only and should not be used for decision-making. Specific legal advice may be provided by one of our lawyers.

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