Cesar Peres Dulac Müller logo

CPDMA BLOG

Category:
Date: February 11, 2020
Posted by: CPDMA Team

Rural activity prior to registration can be contemplated in judicial recovery

The judgment of the special appeal 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 Board of Trade can be included in the judicial recovery.

The law that regulates judicial reorganization (Law 11.101/05) establishes that one of the requirements for claiming reorganization is that the plaintiff "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 Registry of Companies" (article 51).

In the opinion of most of the justices of the STJ, the time of activity of rural producers cannot be limited to registration with the Board of Trade. 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 requirement of the Recovery and Bankruptcy Law.

"As the rural entrepreneur, whose registration is optional, is always in good standing, even before registration, being entitled to differentiated, simplified and favored treatment in terms of registration and the resulting effects, it follows that, after the registration of the producer rural entrepreneur, the law does not distinguish the legal regime applicable to obligations before or after the registration of the rural entrepreneur who comes to request judicial recovery. .

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 in excess of R$ 1 billion, filed for judicial reorganization in 2017. For banks, debts prior to registration could not be included in the reorganization. 

On 1/30, ConJur announced an injunction that suspended, until the matter (temporary application of the institute to rural producers) was defined, the constriction on assets of a rural producer who was claiming judicial recovery.

Source: Tadeu Rover via Conjur.

Return

Recent posts

Misuse of a trademark by a former partner can be recognized not only as unfair competition, but also as bad faith.

On February 14, the newspaper "Valor Econômico" published an article in which it was pointed out that the São Paulo Court of Justice had recognized unfair competition in the improper use of a trademark by a former partner. The article, however, does not give the number of the case in which it would be possible to analyze more details of the decision, but it does inform that the individuals had signed a [...]

Read more
The first sanctions applied by the National Agency for the Protection of Personal Data (ANPD) were a wake-up call for companies: the LGPD is a serious law and must be complied with.

The General Personal Data Protection Law - Law No. 13,709/18 (LGPD) was published in 2018 and came into force in 2020. This deadline was given to public and private legal entities (processing agents) that collect, store or process the personal data of individuals, in Brazil or abroad, in order to [...]

Read more
Business position on the recent STF decision that ruled that it is constitutional for trade unions to charge assistance contributions

Recently, the Federal Supreme Court (STF) unanimously ruled that unions can collect an assistance contribution, including from non-member employees, in ARE 1.18.459 (Topic 935 of the General Repercussion), as long as the worker is guaranteed the right to object, establishing the following thesis: "it is constitutional to establish, by agreement or [...]

Read more
The new chapter in the legal dispute involving the term "HELLES", registered as a 'trademark'.

Recalling the case... It all started at the beginning of 2019, when the brewery Fassbier gave extrajudicial notice to a series of breweries in Rio Grande do Sul for the alleged misuse of the term HELLES, claiming to have exclusive use of the expression, given that the word was registered as a trademark. Not satisfied with [...]

Read more
Suspension of labor executions against companies in the same economic group

In a recent decision, the STF suspended the processing of labor executions that discuss the inclusion, in the execution phase, of a company that is part of an economic group that did not participate in the knowledge process. In labor proceedings, when the execution phase is reached and the main debtor does not have enough assets to pay the debt, many [...]

Read more
STJ decides that the legal personality of a civil association can be disregarded, but limits liability to the directors

The 3rd Panel of the Superior Court of Justice (STJ) [1] dismissed a special appeal filed by the directors of a civil association, which had its legal personality disregarded in a case involving the improper use of a trademark. The Court, in a judgment drafted by Justice Marco Aurélio Belizze, held that the disregard of [...]

Read more
crossmenuchevron-down
en_USEnglish
linkedin Facebook pinterest youtube lol twitter Instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter Instagram