Legal representation

How does it work?

E3Tech acts as a "Local Holder" or "Legal Representative", where, as the name says it, is the legal entity that will be the holder of the certificate for the foreign manufacturer.

This requirement is made for the most diverse certification and homologation programs, such as ANATEL and INMETRO, and is a mandatory requirement to obtain certification, registration or approval of the products in national territory.

Any foreign entity interested in obtaining ANATEL or INMETRO certification must have a company legally established in Brazil to be its legal representative. This company will be responsible for the quality of the products, provide parts and technical assistance to the products in the national territory.

The ANATEL resolution 715/2020 says:

“Except for the cases expressly established in this regulation, the request for approval of certificates of conformity or declaration of conformity can only be made by an individual with full civil capacity and resident in the country, or a legal company constituted under Brazilian laws, that, in any case, can be responsible for the product for telecommunications in the national territory.”.

The Ordinance 118/2015 of INMETRO says:

“The beginning of the certification process is conditional upon a formal demonstration of the Supplier requesting certification, which must be made directly to one of the Product Certification Bodies accredited and / or designated by Inmetro, at its discretion, which must be legally established in the country , for the product under evaluation, accompanied by the delivery of documentation, meeting the following requirements...”

In general, the foreign manufacturer is responsible for executing and paying for the entire certification process until the ANATEL or INMETRO certificate is obtained. Only the holder of the certificate and the undertakings designated by the holder of the certificate shall be entitled to use the mark and the certificate of approval obtained.

Advantages of using a legal representative:

There are several advantages to hiring a Third Party (independent) for this function and we will list some of them:

Allow the manufacturer to freely choose several distributors using the same certificate;
Allow the Manufacturer to be the true owner of the certificate, without depending on the local distributor;
Have your products certified in Brazil even before choosing and signing agreements with a distributor;
Use a company that is already established in Brazil and is already registered in the ANATEL Approval and Certification Management System (Sistema de Gerenciamento de Homologação e Certificação da ANATEL SGHC) or with INMETRO when applicable.

However, it is important to note that E3Tech will not sell or provide technical assistance to products in Brazil unless specifically contracted for this purpose, and for this reason it is important to have:

A contract signed between E3Tech and the Contractor or Manufacturer, where the Contractor or Manufacturer can assume responsibility for designating the distributor in Brazil.
A signed agreement between E3Tech and distributors, where E3Tech will transfer the warranty and legal liability to them or provide this specific service.

There is also the possibility of transferring the certificate when the manufacturer defines or finds its Brazilian distributor, however, additional costs may be involved.

• Certificate holder

• Trade & customs advisory services

• Distribution

• Repair and service center

• Call Center

Commercial representation

Legal representation

How does it work?

Advantages of using a legal representative: