Post by xyz3600 on Feb 25, 2024 2:26:59 GMT -6
The 1st Chamber of Business Law of the Court of Justice of São Paulo authorized a business group undergoing judicial recovery to publish the notice of art. in reduced form, instead of containing the full nominal list of creditors. The publication of the summary notice must indicate the website where the complete list will be, but with separate creditors tables (one for each company) and another consolidated table. “The notice informs all creditors about the content of the recovery request made by the debtor, including because it contains a summary of the request. Nothing prevents, however, the publication of a focused notice from being carried out in the manner intended by the appellant, without prejudice to the publicity of the act, the contradictory and broad defense, with, in fact, compliance with the principles of procedural economy, the reasonable duration of the process , procedural speed and the preservation of the company”, stated the rapporteur, judge Fortes Barbosa.
In the same decision, the judges authorized the recovery of the business group in substantial consolidation, with the publication of a single plan. The three companies involved in the process claim that there is a mix of assets, which would make an individual solution for each of the debtors unfeasible. The argument was accepted by the TJ-SP, according to the rapporteur's vote: “This Reserved Chamber Middle East Mobile Number List has already decided, by the way, that it is possible to discuss a single plan, to be voted on in a joint assembly, as long as the companies that are part of the economic group bear internal relations and cross guarantees, which, in this case, was proven by prior expertise”. The decision was unanimous and reformed the understanding of the first instance court, which had rejected the requests for recognition of substantial consolidation and publication of a notice without the nominal list of all creditors. The business group was defended by Marcondes Machado Advogados .
In turn, the Mérida Convention, internalized by Decree 5,687/2006, deals with combating corruption and also provides in its article 14 the need to establish an internal regime for the regulation and supervision of banks and non-bank financial institutions, in addition to providing that “(…) administration, regulatory and law enforcement authorities and other authorities in charge of combating money laundering (including, when relevant in accordance with domestic legislation, judicial authorities) are capable of cooperating and exchange information at national and international levels, in accordance with the conditions prescribed in domestic legislation and, to this end, will consider the possibility of establishing a financial intelligence department that will serve as a national center for the compilation, analysis and dissemination of information on possible financial intelligence activities. money laundry.
In the same decision, the judges authorized the recovery of the business group in substantial consolidation, with the publication of a single plan. The three companies involved in the process claim that there is a mix of assets, which would make an individual solution for each of the debtors unfeasible. The argument was accepted by the TJ-SP, according to the rapporteur's vote: “This Reserved Chamber Middle East Mobile Number List has already decided, by the way, that it is possible to discuss a single plan, to be voted on in a joint assembly, as long as the companies that are part of the economic group bear internal relations and cross guarantees, which, in this case, was proven by prior expertise”. The decision was unanimous and reformed the understanding of the first instance court, which had rejected the requests for recognition of substantial consolidation and publication of a notice without the nominal list of all creditors. The business group was defended by Marcondes Machado Advogados .
In turn, the Mérida Convention, internalized by Decree 5,687/2006, deals with combating corruption and also provides in its article 14 the need to establish an internal regime for the regulation and supervision of banks and non-bank financial institutions, in addition to providing that “(…) administration, regulatory and law enforcement authorities and other authorities in charge of combating money laundering (including, when relevant in accordance with domestic legislation, judicial authorities) are capable of cooperating and exchange information at national and international levels, in accordance with the conditions prescribed in domestic legislation and, to this end, will consider the possibility of establishing a financial intelligence department that will serve as a national center for the compilation, analysis and dissemination of information on possible financial intelligence activities. money laundry.