Company with Multiple CNAEs: How Not to Breach the Legal Matrix

Managing a company with multiple CNAEs can be a significant challenge, especially when it comes to ensuring that all operational units comply with the legal requirements matrix. Brazil presents a complex and dynamic regulatory landscape, requiring companies to maintain a meticulous approach to avoid breaching the legal matrix. This text provides practical guidance for prioritizing compliance management by risk and operational unit.

Understanding the Legal Requirements Matrix

The legal requirements matrix is an essential tool for any company seeking to comply with applicable legislation. It organizes and systematizes the legal obligations to which the company is subject, according to its CNAEs, activities, and location. In the context of a company with multiple units and different economic activities, this matrix becomes even more complex.

The first step to not breaching the legal matrix is to identify all the CNAEs under which the company operates. Each CNAE may have different legal requirements, which vary according to the state or municipality where the unit is located. For example, a unit in São Paulo may need environmental licenses from CETESB, while a unit in Rio de Janeiro must meet INEA requirements.

Risk-Based Prioritization

With an extensive legal requirements matrix, prioritizing actions is crucial. An effective method is risk analysis, which considers the probability and impact of legal non-compliance. Units dealing with hazardous materials, for example, may present higher risks in terms of safety and the environment, requiring special attention to standards such as NR-12 (work safety in machinery and equipment) and ISO 14001 (environmental management).

Moreover, it is important to consider the impact of operations on the environment and worker safety. CONAMA Resolution 491/2018, which addresses air quality, may be more relevant for an industrial unit than for an administrative office. Thus, the company should direct its compliance efforts where there is greater potential for impact and risk.

Checklist for Risk-Based Prioritization

• Identify all CNAEs and their respective legal requirements.
• Map the risks associated with each operational unit and activity.
• Analyze the probability and impact of possible non-compliance.
• Prioritize compliance actions in higher-risk units.

Operational Unit Prioritization

Besides risk, prioritization by operational unit is fundamental. Each unit may have unique characteristics and challenges. For example, a chemical products factory in Minas Gerais may require a greater focus on work safety and hazardous waste, while a commercial office in Santa Catarina may demand attention to labor and building safety standards.

For effective management, it is important that each unit has a compliance officer who understands the local specifics and implements them appropriately. Communication between the units and the headquarters must be constant to ensure that best practices are disseminated and that any issues are quickly identified and corrected.

Steps for Implementation by Operational Unit

1. Designate compliance officers in each unit.
2. Maintain fluid communication between headquarters and units.
3. Adapt the legal requirements matrix to the specifics of each location.
4. Conduct periodic internal audits to ensure compliance with standards.

Common Mistakes and How to Avoid Them

A common mistake is treating the legal requirements matrix as a static document. Due to constant legislative updates, such as the recent regulation of document receipt by ANA according to Decree 11.598/20, it is essential that companies keep the matrix always updated.

Another common mistake is underestimating the importance of an effective communication system between different units. Companies that do not promote the exchange of information and experiences between their units often face difficulties in maintaining compliance.

When to Seek a Specialist

In some cases, it may be necessary to turn to specialists to ensure that the company complies with the legal requirements matrix. This is especially important for companies operating in highly regulated sectors, such as chemical, food, and basic sanitation. Experienced consultants can assist in the correct interpretation of standards and the implementation of management systems that ensure compliance.

Additionally, external audits can be a valuable tool for assessing the effectiveness of the company's compliance practices and identifying areas for improvement. They provide an objective and impartial view of the company's compliance status, allowing for more precise and targeted adjustments.

In summary, managing a company with multiple CNAEs and operational units requires a structured and proactive approach. By prioritizing by risk and unit, keeping the legal requirements matrix updated, and promoting effective communication, companies can successfully navigate Brazil's complex regulatory landscape.

For more guidance on how to structure your legal requirements matrix and ensure compliance in your operations, contact specialists like the Legnova team, who can offer personalized support for your specific needs.