Given the lethargy of the vote on Bill No. 2963/2019, international investors have turned to other investments
By: Vitor Ferrari and Ivan Kubala Authored by Senator Irajá (PSD-TO), Bill No. 2963/2019 facilitates the purchase, possession and leasing of rural properties in Brazil by foreign individuals or companies, as it provides for the waiver of the need for authorization or license for foreigners to acquire rural properties whose […]
After request for review, STF interrupts trial on Difal
The Supreme Federal Court had included Direct Actions of Unconstitutionality No. 7,066, 7,070, 7,078 on the virtual judgment agenda between September 23, 2022, and September 30, 2022. These ADIs deal with the need or not to observe the principle of annual prior notice in relation to the changes promoted by Law […]
SNIPER – New Credit Recovery system goes into operation.
By: Rafael Mello, Vitor Ferrari and Ivan Kubala In October 2022, the National System for Asset Investigation and Recovery (“SNIPER”) went into operation and can now be used in a wide range of legal proceedings, especially those aimed at asset recovery. SNIPER was developed by the National Council of Justice (“CNJ”) and aims to […]
PGFN allows early settlement of tax transactions with tax losses
On October 4, 2022, Ordinance No. 8,798 of the Attorney General's Office of the National Treasury (PGFN) was published, establishing the Program for Early Settlement of Transactions and Registrations of the Active Debt of the Union of the Attorney General's Office of the National Treasury (QuitaPGFN). This program grants special conditions for the settlement of balances of tax transactions and the […]
Suspension of sale of MMX debentures
By: Vitor Ferrari and Ivan Kubala The Superior Court of Justice has suspended the sale of debentures from the bankrupt estate of the mining company MMX Sudeste, owned by businessman Eike Batista. As a result, the judicial recovery process, which seemed to be flowing, has once again stalled, greatly worrying creditors, who fear they will not receive their credits any time soon, […]
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 […]