If you are the holder of a mining title and are considering transferring part of your rights to another holder, it is important to understand the aspects of Partial Transfer within the parameters established by the Brazilian Mining Code.
This modality allows the transfer of part of the area associated with a mining title, with the acquirer assuming all rights and duties related to the portion transferred. Here is a guide on what it is, who can request it, and the necessary steps to request this process.
What is Partial Transfer of Mining Rights?
Partial Transfer is the transfer of part of the area associated with a mining title, where the acquirer (assignee) assumes a legal position identical to that of the predecessor (assignor), assuming all rights and duties related to the negotiated portion.
This process implies the formation of a new process at the National Mining Agency (ANM), referring to the demarcated area.
Who can request Partial Transfer?
- Authorization for Research Titles: It can be requested from the date of publication of the issuance of the License in the Official Gazette of the Union until the expiration date of the license, or its extension, when the assignee is an individual or legal entity.
- Processes in the stage of granting mining, mining concession, or licensing: It can only be requested when the assignee is a legal entity or entrepreneur.
- Permission for Small-Scale Mining (PLG) Titles: It can be requested when the assignee is an individual or a cooperative of miners.
How to request Partial Transfer?
The request process is done by filling out an electronic application form on the ANM website. Here are the necessary steps:
- Access the Mine Registry System and fill out the electronic form “Partial Transfer Request”.
Passos para acessar o pré-requerimento de cessão parcial ou diretamente no site da ANM, em Assuntos > Acesso a Sistemas > Pré-Requerimento Eletrônico.
- Fill in the requested data, remembering that the applicant is the assignor, an individual or legal entity holding the entire process.
- Issue and pay the fee number 7 in the Boleto Issuance System.
- Access the Digital Protocol using the Gov.BR password or the CTDM password, and attach the mandatory and complementary documents required, including payment vouchers.
Important:
The filled request will be available in the Digital Protocol for 30 days, only for the applicant/holder or for anyone with permission to represent them in the option Protocol by Request Code.
The representative of the request holder must access the Digital Protocol by properly relating to the request holder (See relationship guidelines in item 4.2.1 of the Digital Protocol Manual).
Required Documentation
The documentation varies depending on the type of process, but generally includes:
- Electronic request form;
- Public deed or private instrument of the partial transfer of rights;
- Proof of representation powers of the assignor, if a legal entity;
- Descriptive memorial and plans of the remaining area, signed by a qualified professional;
- New research work plan, signed by a qualified professional.
If you still have questions or need additional guidance on the Partial Transfer of Mining Rights process, do not hesitate to contact us.
We are here to help clarify your concerns and ensure that you can complete all steps with confidence and efficiency.
You can contact us through the following link: CONTACT US
