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Posted: Wed Feb 19, 2025 7:13 am
The incentive for new beginnings should be possible with the project that proposes to reduce the time needed for entrepreneurs to create new businesses after bankruptcy . Today, this period is five years and should be reduced to three.
The new version will avoid controversies and should address issues that have already been settled by higher courts. This would provide greater security for businesspeople that the practices will be approved by the judges involved, as long as they comply with the law's regulations.
On the other hand, some legal experts criticize some points of the new text. One of the main observations is that the IRS, the country's tax authority, has the possibility of filing for bankruptcy for companies that owe taxes.
The Public Treasury currently does not participate in the judicial recovery process and, according to the law currently in force, cannot file for bankruptcy either.
What can be done to obtain the amounts that were not paid is to file enforcement actions, which directly interferes with the legal issues of Business Law, as we will see below.
Also check out: 8 Innovative Strategies to Apply in Legal Management
Business (Commercial) Law Issues
With the current financial crisis , the scarcity of credit and the lack of investment capital resulting from the current economic downturn in Brazil, some companies have entered a critical debt scenario.
Aiming to resume economic activities and avoid bankruptcy, many lawyers focus on Business Law issues as a way of applying the judicial recovery of companies .
The professional specialized in Business or Commercial Law has full capacity to act assertively in cases of judicial recovery and bankruptcy law through expertise and financial auditing .
Judicial Recovery Reform Allows New Outcomes for Legal Professionals
A lawyer specializing in judicial and credit recovery may be responsible for litigation involving companies in a phase of economic crisis or for acting in favor of creditor banks, for example.
The effects of the judicial recovery of companies (Law No. 11,101/05)
The corporate judicial recovery law already specifies some effects in its articles. Other effects arise from the application of the law, including:
the suspension of actions and executions against the debtor company;
the exemption from negative certificates;
tax executions and presentation of a negative tax certificate;
the novation and extension of the effects of the recovery to the partners, among other effects.
Due to its complexity, the judicial recovery of companies 阿尔巴尼亚 数字数据 requires the participation of several administrative and legal entities.
These include: the judicial manager, the judicial administrator responsible for supervising the company's business, the general meeting of creditors, the creditors' committee, the judge who has judicial and administrative functions, and the Public Prosecutor's Office.
As in the entire process, the corporate judicial recovery plan appears as a project that will provide support and help the company overcome its economic and financial crisis.
Did you like our content? We are sure that you will also be interested in these other articles:
Judicialization of health: everything you need to know
Labor legislation: why should I know it?
5 steps to hiring a good lawyer
You can check out this and many other topics on the IPOG blog !
See you next time!
The new version will avoid controversies and should address issues that have already been settled by higher courts. This would provide greater security for businesspeople that the practices will be approved by the judges involved, as long as they comply with the law's regulations.
On the other hand, some legal experts criticize some points of the new text. One of the main observations is that the IRS, the country's tax authority, has the possibility of filing for bankruptcy for companies that owe taxes.
The Public Treasury currently does not participate in the judicial recovery process and, according to the law currently in force, cannot file for bankruptcy either.
What can be done to obtain the amounts that were not paid is to file enforcement actions, which directly interferes with the legal issues of Business Law, as we will see below.
Also check out: 8 Innovative Strategies to Apply in Legal Management
Business (Commercial) Law Issues
With the current financial crisis , the scarcity of credit and the lack of investment capital resulting from the current economic downturn in Brazil, some companies have entered a critical debt scenario.
Aiming to resume economic activities and avoid bankruptcy, many lawyers focus on Business Law issues as a way of applying the judicial recovery of companies .
The professional specialized in Business or Commercial Law has full capacity to act assertively in cases of judicial recovery and bankruptcy law through expertise and financial auditing .
Judicial Recovery Reform Allows New Outcomes for Legal Professionals
A lawyer specializing in judicial and credit recovery may be responsible for litigation involving companies in a phase of economic crisis or for acting in favor of creditor banks, for example.
The effects of the judicial recovery of companies (Law No. 11,101/05)
The corporate judicial recovery law already specifies some effects in its articles. Other effects arise from the application of the law, including:
the suspension of actions and executions against the debtor company;
the exemption from negative certificates;
tax executions and presentation of a negative tax certificate;
the novation and extension of the effects of the recovery to the partners, among other effects.
Due to its complexity, the judicial recovery of companies 阿尔巴尼亚 数字数据 requires the participation of several administrative and legal entities.
These include: the judicial manager, the judicial administrator responsible for supervising the company's business, the general meeting of creditors, the creditors' committee, the judge who has judicial and administrative functions, and the Public Prosecutor's Office.
As in the entire process, the corporate judicial recovery plan appears as a project that will provide support and help the company overcome its economic and financial crisis.
Did you like our content? We are sure that you will also be interested in these other articles:
Judicialization of health: everything you need to know
Labor legislation: why should I know it?
5 steps to hiring a good lawyer
You can check out this and many other topics on the IPOG blog !
See you next time!