Post by xyz3400 on Feb 20, 2024 3:45:34 GMT -6
Although there is no specific legal determination on the submission of charges arising from advances on foreign exchange contracts to the judicial recovery process, the 3rd Panel of the Superior Court of Justice established the understanding that these accessory amounts must be integrated into the credits subject to recovery reproduction Charges arising from advances on exchange contracts are subject to judicial recovery Reproduction Understanding that this measure is most compatible with the principles of the Bankruptcy and Business Recovery Law (Law 11,101/2005), the collegiate, by majority vote, denied an appeal from Banco do Brasil, which defended the thesis that the charges relating to advances on exchange contracts should be excluded from the effects of recovery, since, as they are an accessory obligation, they would have to follow the fate of the main obligation.
Rapporteur of the special appeal, minister Nancy Andrighi recalled that the primary objective of judicial recovery, provided for in article 47 of Law 11,101/2005, is to make it possible to overcome the debtor's economic-financial crisis situation, in order to allow the maintenance of the source producer, the employment of workers and the interests of creditors. Therefore, the rapporteur understood that subjecting the charges to the Honduras Mobile Number List effects of the recovery procedure is the measure that best suits the purpose of the legislation, as it allows the company and its creditors, when negotiating payment conditions, to find the best solution for the financial crisis. In the vote followed by the majority of the board, Nancy Andrighi also defended that there is no possibility that different courts — the one competent for eventual execution of the main amount and the court responsible for the recovery — will decide in a conflicting way on the same legal relationship.
For the minister, it is reckless to admit that disregarding the legal personality of a cooperative society — even if based on the CDC — could affect the personal assets of members of the supervisory board without there being the slightest presence of evidence that they contributed, at least culpably — and with misuse of function —, for the practice of administrative acts.Therefore, looking at the case files, the judge did not see any burden in the relationship maintained between the complainant and the defendant, since the services were paid to Saad Amin Salim & Cia Ltda, a company based in Pelotas (RS) that signed a contract with the defendant and in which the author holds a 10% equity interest. "Thus, the remuneration was not intended for the author's individual, but rather for the company of which he is a so-called minority partner.
Rapporteur of the special appeal, minister Nancy Andrighi recalled that the primary objective of judicial recovery, provided for in article 47 of Law 11,101/2005, is to make it possible to overcome the debtor's economic-financial crisis situation, in order to allow the maintenance of the source producer, the employment of workers and the interests of creditors. Therefore, the rapporteur understood that subjecting the charges to the Honduras Mobile Number List effects of the recovery procedure is the measure that best suits the purpose of the legislation, as it allows the company and its creditors, when negotiating payment conditions, to find the best solution for the financial crisis. In the vote followed by the majority of the board, Nancy Andrighi also defended that there is no possibility that different courts — the one competent for eventual execution of the main amount and the court responsible for the recovery — will decide in a conflicting way on the same legal relationship.
For the minister, it is reckless to admit that disregarding the legal personality of a cooperative society — even if based on the CDC — could affect the personal assets of members of the supervisory board without there being the slightest presence of evidence that they contributed, at least culpably — and with misuse of function —, for the practice of administrative acts.Therefore, looking at the case files, the judge did not see any burden in the relationship maintained between the complainant and the defendant, since the services were paid to Saad Amin Salim & Cia Ltda, a company based in Pelotas (RS) that signed a contract with the defendant and in which the author holds a 10% equity interest. "Thus, the remuneration was not intended for the author's individual, but rather for the company of which he is a so-called minority partner.