Post by xyz3400 on Feb 20, 2024 1:04:18 GMT -5
The special appeal ruling was published this Monday (10/2) in which the 4th Panel of the Superior Court of Justice defined that debts incurred by a rural producer before his registration with the Commercial Board can be included in judicial recovery. Melanie Lemahieu Decision crystallizes understanding on judicial recovery of rural producers Melanie Lemahieu The law that governs judicial recovery (Law 11.101/05) establishes that one of the requirements to request recovery is that the author "regularly carries out his activities for more than two years" (article 48) and "instructs his request with the certificate of regularity of the debtor in the Public Business Registry" (article 51). In the understanding of the majority of STJ ministers, the activity time of rural producers cannot be limited to registration with the Commercial Board.
This is because the Civil Code establishes that the registration of rural entrepreneurs and rural business companies is optional. Thus, for the author of the winning vote, minister Raul Araújo, rural producers can regularly carry out their activities before registration, thus fulfilling the Honduras Mobile Number List requirement of the Recovery and Bankruptcy Law. "As the rural entrepreneur, whose registration is optional, is always in a regular situation, even before registration, being entitled to differentiated, simplified and favored treatment regarding registration and the resulting effects, it follows that, after the producer's registration rural business, the law does not distinguish the legal regime applicable to the obligations prior to or subsequent to the registration of the rural entrepreneur who requests judicial recovery.
When requesting judicial recovery, those obligations and debts previously contracted by him and not yet fulfilled are also covered", he stated. . The specific case analyzed was that of the company JPupin Agropecuária, which was represented, among others, by lawyers Marcus Vinicius Furtado Côelho , Anna Maria Trindade dos Reis and Camila Somadossi . The company, which has debt of more than R$1 billion, requested judicial recovery in 2017. For banks, debts prior to registration could not be included in the recovery. On January 30th, ConJur reported a preliminary decision that suspended, until the issue (temporal application of the institute to rural producers) was defined, the restriction on the assets of a rural producer who requested judicial recoveryAnd, even if problems occur, the proof of good practices that technology provides has a direct impact on the responsibility of companies, as well as that of their managers and controllers.
This is because the Civil Code establishes that the registration of rural entrepreneurs and rural business companies is optional. Thus, for the author of the winning vote, minister Raul Araújo, rural producers can regularly carry out their activities before registration, thus fulfilling the Honduras Mobile Number List requirement of the Recovery and Bankruptcy Law. "As the rural entrepreneur, whose registration is optional, is always in a regular situation, even before registration, being entitled to differentiated, simplified and favored treatment regarding registration and the resulting effects, it follows that, after the producer's registration rural business, the law does not distinguish the legal regime applicable to the obligations prior to or subsequent to the registration of the rural entrepreneur who requests judicial recovery.
When requesting judicial recovery, those obligations and debts previously contracted by him and not yet fulfilled are also covered", he stated. . The specific case analyzed was that of the company JPupin Agropecuária, which was represented, among others, by lawyers Marcus Vinicius Furtado Côelho , Anna Maria Trindade dos Reis and Camila Somadossi . The company, which has debt of more than R$1 billion, requested judicial recovery in 2017. For banks, debts prior to registration could not be included in the recovery. On January 30th, ConJur reported a preliminary decision that suspended, until the issue (temporal application of the institute to rural producers) was defined, the restriction on the assets of a rural producer who requested judicial recoveryAnd, even if problems occur, the proof of good practices that technology provides has a direct impact on the responsibility of companies, as well as that of their managers and controllers.