by: Vitor Ferrari and Ivan Kubala
The changes brought by Bill 14.112/20, which text has amended provisions in Law 1.101/05, the receivership procedure for rural producers, since they are businessman, became possible. The measure is of utmost importance, because the agrobusiness has a massive participation in the national economy, besides the great generation of jobs, either directly or indirectly, being, therefore, worrying the bankruptcy of companies in this area.
Basically, the function of a receivership procedure is the maintenance of the insolvent company by settling its debts through a judicial rehabilitation plan accepted by its creditors, allowing the preservation of the business activity and the generation of employment.
This novelty, added to the fact that it is possible to constitute a single-member limited liability company, a company with only one partner in which its personal assets are not frontally affected by lawsuits against the company; brings greater legal security to the rural producer, encouraging him to undertake in the environment, abandoning the traditional way of entering the agribusiness through an individual, since his liability is limited to the amount paid in his company, and there is still the possibility of filing a lawsuit, which in addition to suspend actions resulting from debts arising from business activity, has as its main purpose the maintenance of the economic and social activity of the company.
However, it should be pointed out that only credits incurred as a result of its business activity and falling due at the time of the judicial reorganization request are subject to the judicial reorganization procedure, and, therefore, are suspended from collection for a certain period of team.
Thus, the credits which are not linked to the agribusiness cannot be included in the judicial reorganization procedure, and can be charged normally by the creditors, as well as credits arising after the judicial reorganization request.
For this reason, it is very important that the rural entrepreneur who wishes to request a judicial recovery be well advised by experienced professionals. The existence of credits not subject to judicial reorganization, in many times, makes the procedure more difficult, because they squander the company assets.