Startup: The Chamber of Deputies approved on Tuesday (11) the complementary bill (PLC) that institutes the so-called legal framework for startups that legally defines these companies, and establishes principles and guidelines for the performance of Public Administration in the sector. Already approved in this House, he returned because the Senate modified the original text, and is now going for presidential sanction.
According to PLC 146/19, now approved, the main characteristics of startups are: gross annual revenue of up to R $ 16 million and up to ten years of enrollment with the CNPJ. They must also formalize, in their constitutive act, the commitment to adopt innovative models or fall under the special Inova Simples regime, created by Complementary Law 123/06.
The PLC also establishes rules for capital contributions to startups by individuals and companies, which may or may not result in effective participation in its share capital. Of the ten amendments included by the senators, the project’s rapporteur, Deputy Vinícius Poit (Novo-SP) accepted six, and the plenary approved one more.
What has changed in the legal framework of startups?
The modifications made by the Senate to the PLC include the exclusion of autonomous social services, the elimination of the chapter on “stock options”, the exclusion of the limit of 30 partners for the publication of statements in electronic form, the deletion of the provision on tax incentives for payment in FIP of Capital CVM seed, in addition to minor adjustments to terms.
The approved project creates a new type of bidding, which allows the hiring, by the public administration, of individuals or legal entities, in isolation or in a consortium, to test “innovative solutions” developed exclusively by this type of company.
For the conclusion of this negotiation, called the Public Contract for Innovative Solution (CPSI), an announcement must be issued with disclosure in at least 30 days until the receipt of proposals. With a term limited to 12 months, extendable for the same period, the instruments will have a maximum value of $ 1.6 million.