Insights

Minor participation in corporate structures is allowed, but requires careful legal structuring

Brazilian law allows minors to participate as shareholders in companies, provided they are represented or assisted by their legal guardians.

This practice is common in family businesses, particularly in estate and succession planning structures.

However, such participation requires strict compliance with legal requirements.

Minors cannot perform management roles and must have their participation properly formalized and represented.

Where the risk lies

The main risk is not the participation itself, but how the corporate structure is designed.

Without proper governance, legal issues may arise.

In exceptional cases, situations involving fraud, misuse of corporate structure or commingling of assets may lead to liability risks.

Strategic considerations

Companies and families must treat this structure as a governance matter, not just a formal arrangement.

Proper documentation, asset segregation and legal oversight are essential to ensure long-term security.

The inclusion of minors can be an effective estate planning strategy, provided it is supported by solid legal structuring and governance.

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