Registering .br Domains: Navigating Local Presence and Legal Representation

For foreign companies looking to establish a digital presence in Brazil, the .br domain is often the most important first step. Brazil’s .br domains are managed by Registro.br, operated by the Brazilian Network Information Center (NIC.br) under the oversight of the Brazilian Internet Steering Committee (CGI.br). Unlike many country-code top-level domains (ccTLDs) that allow open registration by anyone worldwide, .br domains are subject to strict local presence requirements that create specific challenges for foreign entities.

The Local Presence Requirement

The fundamental rule for .br domain registration is that the registrant must be a person or entity legally established in Brazil, identified by a Brazilian tax identification number:

• CPF (Cadastro de Pessoas Físicas): The individual taxpayer identification number, required for natural persons.
• CNPJ (Cadastro Nacional da Pessoa Jurídica): The national registry of legal entities, required for companies and organisations.

Registro.br validates the registrant’s name, company name, and address against the records held by the Secretariat of the Federal Revenue of Brazil (Receita Federal). Without a valid CPF or CNPJ linked to the registrant information, the domain registration cannot proceed.

This requirement means that a foreign company without a Brazilian subsidiary, branch, or representative office cannot directly register a .br domain in its own name. A workaround is necessary.

The Procurador (Proxy) Model

The standard solution for foreign entities is to appoint a Procurador (proxy or attorney-in-fact) in Brazil — typically a local law firm, IP agent, or trustee service provider. The Procurador acts as the local representative, holding the domain registration on behalf of the foreign company or registering it under their own CPF or CNPJ while the foreign entity retains beneficial control.

The Procurador model requires the following documentation:

• Power of Attorney (Procuração): A formal document granting the Procurador authority to perform acts regarding domain registration, management, cancellation, transfer, and changes to contact information on behalf of the foreign entity. This must be specifically drafted to cover all relevant domain management powers.
• Notarisation: The Power of Attorney must be notarised in the foreign company’s country of origin.
• Apostille: If the country of origin is a party to the Hague Apostille Convention, the notarised document must carry an apostille. Otherwise, consular legalisation by the nearest Brazilian consulate is required.
• Sworn translation: The Power of Attorney and all supporting documents must be translated into Portuguese by a sworn translator (“tradutor juramentado”) registered in Brazil.

Additionally, the foreign entity may need to provide:

• A notarised statement declaring the company’s commercial activity, including trade name, registered address, business purpose, and the name and position of its legal representative.
• A notarised statement of commitment to carry out activities in Brazil within 12 months of registration.
• A copy of the Procurador’s CPF or CNPJ.

Available Domain Extensions

The .br namespace offers a variety of second-level domain extensions, each intended for specific types of entities or activities:

• .com.br: The most common extension, suitable for commercial entities. This is the default choice for most businesses.
• .net.br: Intended for network-related organisations and internet service providers.
• .org.br: Designed for non-profit organisations, foundations, and associations.
• .eco.br: Reserved for websites dedicated to environmental causes and sustainability.
• .tv.br: For websites related to television and broadcasting.

Some extensions (such as .gov.br, .mil.br, and .jus.br) are restricted to specific government, military, or judicial entities and are not available to private organisations.

Registration Process

Once the local presence and documentation requirements are met, the registration process through Registro.br is straightforward:

• Create an account on the Registro.br system using the CPF or CNPJ.
• Search for domain availability using the Registro.br search tool.
• Submit the registration request with the required contact information (Owner, Administrative, Technical, and Billing contacts).
• Pay the registration fee to activate the domain.

Domain names operate on a first-come, first-served basis. There is no pre-registration examination for trade mark conflicts — however, registered domain names that infringe third-party trade mark rights can be challenged through the SACI-Adm administrative dispute system (covered in a separate article).

Maintaining Control as a Foreign Entity

The most significant risk for foreign entities using the Procurador model is loss of control over the domain if the relationship with the local representative breaks down. To mitigate this risk:

• Choose a reputable local representative: Work with an established law firm or trustee service with a track record in domain management.
• Ensure the Power of Attorney is comprehensive: It should cover all possible domain management actions, including transfer, renewal, cancellation, and changes to DNS settings and contact information.
• Maintain direct access to the Registro.br account: Wherever possible, ensure you have login credentials and access to the domain management panel, even if the Procurador handles day-to-day administration.
• Register protective variations: Consider registering variations of your domain name (with and without hyphens, across multiple extensions) to prevent third-party appropriation.
• Monitor renewal deadlines: Domain registrations must be renewed periodically. Missing a renewal payment can result in loss of the domain.

Common Mistakes

• Assuming .br domains can be registered without local presence: Unlike generic TLDs (.com, .net), .br domains require a valid CPF or CNPJ. There is no exception for foreign entities.
• Using a Power of Attorney that is too narrow: A POA limited to registration alone will not cover future management needs such as transfer, DNS changes, or dispute responses.
• Failing to apostille and translate: Documents executed abroad that lack the apostille and sworn Portuguese translation will not be accepted by Registro.br.
• Losing track of the Registro.br account credentials: If only the Procurador has access and the relationship ends, regaining control can be complex and time-consuming.
• Ignoring domain monitoring: Third parties may register confusingly similar .br domains. Regular monitoring is essential to detect and address potential infringements early.

Key Takeaway

Registering a .br domain as a foreign entity requires navigating Brazil’s local presence requirements through the Procurador model, supported by notarised, apostilled, and translated documentation. The process is well-established but demands careful attention to documentation formalities and ongoing management. For foreign brands, the investment in setting up proper local representation is essential — both to secure the domain and to maintain legal control over this critical digital asset in Brazil’s market.