Local Representative (holder)

How Does It Work?

E3Tech serves as a “Local Holder” or “Legal Representative,” which means that it acts as the legal entity responsible for holding the certificate on behalf of the foreign manufacturer.

This role is essential for various certification and homologation programs, such as ANATEL and INMETRO, and is a mandatory requirement for obtaining certification, registration, or product approval in Brazil.

Any foreign company seeking ANATEL or INMETRO certification must have a legally established company in Brazil to serve as its legal representative. This representative is responsible for ensuring the quality of the products, providing spare parts, and offering technical assistance within Brazil.

ANATEL Resolution 715/2020 states:

“Except in cases expressly provided for in this regulation, requests for approval of conformity certificates or declarations of conformity may only be made by an individual with full legal capacity residing in the country, or by a company legally established under Brazilian law, which will be responsible for the telecommunications product in the national territory.”

INMETRO Ordinance 118/2015 states:

“The certification process can only begin after a formal request from the Supplier, which must be made directly to one of the Product Certification Bodies accredited or designated by INMETRO. This body must be legally established in Brazil for the product under evaluation, accompanied by the necessary documentation, fulfilling the following requirements…”

Process Overview: The foreign manufacturer is responsible for conducting and financing the entire certification process until the ANATEL or INMETRO certificate is obtained. Only the certificate holder and the entities designated by the certificate holder are authorized to use the certification mark and the approval certificate.

Advantages of Using a Legal Representative:

There are several benefits to hiring an independent third party, such as E3Tech, to act as your legal representative in Brazil. These include:

  • Flexibility in Distribution:The manufacturer can choose multiple distributors who can use the same certificate.
  • Ownership Control: The manufacturer remains the true owner of the certificate, without being dependent on any local distributor.
  • Certification Readiness: You can have your products certified in Brazil before selecting or finalizing agreements with a distributor.
  • Streamlined Process: E3Tech is already established in Brazil and registered with ANATEL’s Approval and Certification Management System (SGHC) or INMETRO, where applicable, which can expedite the certification process.

 

Important Considerations:

While E3Tech provides the legal representation needed for certification, it does not sell or offer technical assistance for the products in Brazil unless specifically contracted for these services. Therefore, it is important to have:

  • A signed contract between E3Tech and the foreign manufacturer, allowing the manufacturer to designate a distributor in Brazil.
  • A signed agreement between E3Tech and the distributor, transferring the warranty and legal responsibility to the distributor or specifying the services that E3Tech will provide.

 

There is also the option to transfer the certificate to the Brazilian distributor once one is appointed. However, this may involve additional costs.

Learn with us how you can get Certified

Welcome to our informative blog! As a Brazilian leading company in product certification, we specialize in helping foreign companies navigate the complex regulatory environment in Brazil.

With over 20 years of experience, our expertise ensures a smooth process for achieving certification in this dynamic market. Whether you’re looking to understand how to get certified in Brazil or the latest updates on product certification in Brazil, this blog is your go-to resource.

On our blog we are dedicated to providing clear, actionable insights to help you succeed in bringing your products to the Brazilian market with confidence.

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