Closing of Saraiva's Judicial Recovery?
By: Vitor Ferrari and Ivan Kubala. Undergoing judicial recovery for about four years, the traditional Livraria Saraiva took what could be its final step as a recovering company: it secured approval from a group of creditors to convert its debts subject to judicial recovery into shares. The company has been divesting assets […]
The evolution and conflict of interests of the DPO in view of its functionality.
By: Leonardo Neri On 20.09.2022, the German Bundestag, or rather, the Data Protection Authority responsible for information in Berlin, acting in a binding manner to the BFDI, at the federal level, made changes to its legislation available to the public, applying sanctions in the form of a fine of R$ 525 thousand euros for analyzing and judging that the Data […]
Non-Incidence of Disregard of Legal Personality in the Judicial Recovery Process
By: Vitor Ferrari and Ivan Kubala In order to protect economic activity, job creation and the social function of companies, the legislator chose to create means of protection for companies undergoing recovery that are in economic difficulties and also to ensure that their creditors receive what is rightfully theirs. Among them, […]
Judicial Observers in Judicial Recovery
By: Vitor Ferrari and Ivan Kubala With the approval of the request for judicial recovery by the judge, the company is obliged to prepare a judicial recovery plan to pay its creditors within 60 days, which, if approved by the General Creditors’ Meeting, begins to be put into practice. In order to monitor the […]
Alternative plans in the bankruptcy process.
By: Vitor Ferrari, Ivan Kubala. It has become commonplace to see creditors or even debtors presenting plans to direct the liquidation of assets or reorganize payment methods within bankruptcy proceedings. After the change in law 11.101/05, the ultimate goal of bankruptcy becomes the rapid liquidation of companies whose business activity […]
Mazzucco & Mello Advogados stands out in the mining market by advising AECI on the Compliance program.
Mazzucco & Mello Advogados stands out in the mining market by advising AECI on its Compliance program regarding the implementation of processes in accordance with the General Data Protection Law (LGPD). AECI is a South African multinational company, a leader in making mining safer and more efficient for a better world. The […]
Multinational transport company suffers hacker attack
By: Leonardo Neri A young hacker ended up invading Uber’s private system in September, sending a note to the Messaging Service (Corporate Slack) vehemently announcing the invasion. Initially, the Startup’s employees imagined the message as a test by managers in order to understand the form of action, as it was also understood as a joke between […]
Types of Creditors and Credits in Judicial Recovery
By: Vitor Ferrari and Ivan Kubala In a judicial reorganization process, it's almost certain that the company under reorganization will have a multitude of creditors, ranging from its employees to its suppliers, and, of course, its self-employed workers. To proceed with the judicial reorganization process, your role is to create a plan […]
Changing the Quorum for deliberations in Limited Companies may require revisions to shareholder agreements.
By: Antonio Mazzucco, Luiz Doles and Fernanda Lazzarini On September 22, 2022, Law 14,451/22 was published, which changes the minimum quorum provided for in the Civil Code for deliberations in limited liability companies, under the justification of streamlining the appointment of non-partner administrators as well as other aspects related to their performance. In addition, there was also […]
Injunction ensures the distributor the right to update the ICMS-ST subject to reimbursement.
On August 9, a decision was issued by the 2nd Public Finance Division of the Court of Justice of the State of São Paulo, recognizing the right of a company in the distribution sector to be reimbursed for the ICMS-ST paid in excess, with the due updating of the amounts recovered by the Selic Rate, from the moment of disbursement to […]