Contract Amendments with Fiduciary Transfer in RTD: Guide

This content describes Brazilian notarial and registry law.

Registration and Annotation of Contract Amendments with Fiduciary Transfer in the RTD

Learn when contract amendments with fiduciary transfer in the RTD require new registration with value or simple annotation without financial value.

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FAQ

When do contract amendments with fiduciary transfer in the RTD require new registration or annotation?

The requirement depends on the content of the amendment term. If there is an increase in the guaranteed debt value or an addition of transferred assets, the officer of the Registry of Titles and Documents (RTD) performs a new registration with financial value. When the modification involves only timeframes, registration details, or substitution of indexers, the act performed is an annotation without economic value.

How are emoluments calculated for contract amendments with fiduciary transfer in the RTD?

Emoluments are calculated based on the fee schedule set by the Corregedoria-Geral de Justiça of each State. If there is a financial increase in the fiduciary guarantee, emoluments fall on the incremented portion or on the total renegotiated value, according to state rules. For purely administrative or operational changes, a fixed annotation fee without financial content applies.

Which changes in contract amendments with fiduciary transfer in the RTD require payment for a new registration?

Amendments that promote expansion of granted credit, inclusion of new assets in the fiduciary estate, or renegotiation of remaining debt resulting in increased principal obligations require a new registration with declared value. In these cases, the guarantee is expanded, demanding the constitution of a new in rem security right on the additional portion.

Which modifications in contract amendments with fiduciary transfer in the RTD generate only an annotation without value?

Modifications regarding contract maturity extension, interest rate substitution, update of civil status or address of parties, or consolidation of gradual installment payment generate simple annotations, provided there is no increase in the total guaranteed amount.

What documentation is needed to qualify contract amendments with fiduciary transfer in the RTD?

The original amendment term signed electronically or physically by parties and witnesses, updated corporate representation documents of involved legal entities, proof of powers of attorneys-in-fact, and an application directed to the registry officer of titles and documents must be presented.

Base legal

• provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
• lei_federal 8.935 1994 — Lei nº 8.935/1994
• lei_federal 6.015 1973 — Lei nº 6.015/1973
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• lei_federal 14.382 2022 — Lei nº 14.382/2022
• lei_federal 8.935 1994 — Lei nº 8.935/1994

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