Who can apply for Judicial Recovery?
By: Vitor Antony Ferrari, Antonio Mazzucco and Ivan Kubala The request for Judicial Recovery is made up of a complex sum of documents, statements and information that require specialized analysis and monitoring in order to obtain the benefits brought by the Law. But who specifically can request a Judicial Recovery after all? The Law that […]
What are the Benefits of Judicial Recovery for a Debtor Company?
By: Vitor Antony Ferrari, Antonio Mazzucco and Ivan Kubala Judicial Recovery, well planned in conjunction with legal professionals with extensive experience in the area, has been a useful, versatile and effective tool for companies facing a temporary financial crisis, especially during a pandemic, to maintain their activities and resume their growth, […]
List of Countries at Risk to the Financial System
By: André Jerusalmy The CVM (Brazilian Securities and Exchange Commission) released at the beginning of November the CVM Report 04/21: GAFI/FATF Communication, which provides for the Financial Action Task Force against Money Laundering and the Financing of Terrorism (informal international grouping), in which the autarchy deals with the countries and jurisdictions that must be monitored in a […]
Bacen systematizes rules for authorization of Operation of Financial Institutions
By: André Jerusalmy As of July 1, 2022, CMN Resolution No. 4,970 (“Resolution 4970˜) will come into effect, making the system for granting the necessary authorizations for the operation of financial institutions more dynamic. In short, the aforementioned resolution seeks to simplify or make the authorization process more rigorous, depending on […]
Provisional Compliance with the Judicial Recovery Plan. Is it possible?
By: Vitor Antony Ferrari, Ivan Kubala Despite being an important tool for overcoming a temporary economic and financial crisis, judicial recovery is only achieved with a lot of effort and dedication by the companies that use this instrument, which go through a long path of negotiations, planning, projections, in short, full of obstacles to achieve such a […]
Impacts of CMN resolution 4,948 on the Derivatives Market
By: André Jerusalmy Derivatives can be used in a variety of ways and their use is widely known in the financial market. However, there are two most common forms of derivatives: protection (hedge) or leverage (speculation). While protection against market risk can reduce the effects resulting from fluctuations in asset prices […]
Are you a creditor in a Judicial Recovery? Find out what to do.
By: Vitor Ferrari and Ivan Kubala Judicial Recovery is a judicial procedure that has become increasingly common and helps companies overcome their economic crises, with an orderly renegotiation with creditors that is summarized in a Judicial Recovery Plan. However, what should be done when a […]
Self-bankruptcy
By: Vitor Antony Ferrari, Ivan Kubala If there is no possibility of maintaining a business activity, bankruptcy ends up being the judicial procedure for the immediate liquidation of the debtor, with the objective of reallocating any assets of the bankrupt company to other production chains. With the amendment of Law No. 11,101/05, the Brazilian bankruptcy procedure was abruptly modified, […]
What to do when your assets are seized
By: Vitor Antony Ferrari In times of pandemic and in view of the economic volatility experienced in the last two years, it is not uncommon to come across acquaintances, clients and friends who have been suffering due to the crisis, unemployment and possible default in fulfilling various obligations. As a consequence, this default may end up giving rise to lawsuits filed by the injured parties […]
What is a debt restructuring process?
By: Antonio Mazzucco Debt restructuring is a process that aims to reduce the total amount of a company’s debt, reduce or suspend the interest rate that the company bears and postpone the deadline for debt repayment. What is the objective of a debt restructuring operation? Corporate debt restructuring […]
