Assignment and administrative leasing
Total Assignment of Mineral Title
The total transfer of mineral rights is the transfer of a title, so that the acquirer (assignee) has the same legal position as the predecessor (assignor), assuming all of its rights and duties.
The application must be accompanied by a public deed or private instrument with notarized signature, of the total assignment of the mining rights, explaining the stage the process is at.
Partial Assignment of Mineral Title
The holder of a mining title in the National Mining Agency – ANM has the option to negotiate the transfer of his rights to another holder, who will assume the rights and duties of the area. Two cases are possible: the transfer of part of an area associated with a mining title or the total transfer of the area associated with a mining title. In today’s post, we will deal with the aspects of the Partial Assignment.
The partial assignment is the transfer of part of the area associated with a mining title, so that the acquirer (assignee) has the same legal position as the predecessor (assignor), assuming all its rights and duties related to the assigned part.
In the case of the administrative procedural process, a partial assignment will have as a consequence, the formation of a new ANM process, referring to the dismembered (assigned) area. In this way, new studies regarding this new area and the remaining area must be presented, as well as a list of documents, depending on the phase in which the original process is. These files must be submitted when the application is filed at the ANM platform, distinguishing between the documents that will be joined to the original process – remaining area – and the documents of the new process – area transferred from the original process.
Partial and Total Leasing
This procedure pleads for the exploitation of the deposit without transferring the ownership of the mining concession or the mine manifest to the lessee. As of the date of registration of the partial or full lease, lessee will be jointly liable with lessor for all obligations arising from the mining concession or mine manifest in relation to the leased area for the period set forth in the agreement.
Registration of transfer of mining rights in case of merger, consolidation or spin-off
The annotation of transfer of mining rights in view of incorporation, merger or split shall be requested in a request addressed to the Director General, signed by the holder of the right together with the new interested party and filed with the ANM at the Regional Management Office of the origin of the mining process or at the ANM headquarters in Brasilia.
Annotation of Transfer of Mining Rights in the Event of Bankruptcy and Succession Causa Mortis
The annotation of transfer of mining rights in face of bankruptcy or succession with cause of death of the holder will be requested in an application filed at the DNPM, exclusively at the Superintendence
