Post by HUO89 on Jan 11, 2024 2:58:50 GMT -6
Judicial recovery is reserved for recoverable companies. Therefore, removing unviable entrepreneurs from the market is also an objective to be achieved. The understanding was adopted by the 1st Chamber of Business Law of the Court of Justice of São Paulo to maintain the rejection of the judicial recovery of a heating company. reproduction Reproduction Unviable company should not have recovery request granted, says TJ-SP Based on the preliminary finding report, which concluded that it was economically unfeasible given the debtor's lack of real activity (which had only one employee at the time of the inspection), the first-degree magistrate rejected the initial petition.
The company appealed to TJ-SP, but was unsuccessful. According to the rapporteur, judge Cesar Ciampolini, not every company deserves to be preserved. He said that there is no principle in Brazilian law of preserving the company at any cost. "Thus, if it does not follow, from Telegram Number Data what is in the case, that the appellant debtor company is recoverable, can have socially relevant activity, generate jobs, contribute to the increase of the national economy, collect taxes, maximum due date, it is necessary to maintain the negative recovery", he stated.
Ciampolini noted that the objective of Law 11,101/2005 is the maintenance of the company's social function and the prerequisite for processing the request for judicial recovery is the effective demonstration of the development of business activity, "given that the analysis of the contracts attached by the applicant does not it is possible to verify the effective development of business activity".In this case, as it is a long sponsorship contract, the values of which would be used to finance CBF's activities, the clause has a clear coercive purpose. Therefore, Minister Cueva highlighted that the reduction must comply with the nature and purpose of the business.
The company appealed to TJ-SP, but was unsuccessful. According to the rapporteur, judge Cesar Ciampolini, not every company deserves to be preserved. He said that there is no principle in Brazilian law of preserving the company at any cost. "Thus, if it does not follow, from Telegram Number Data what is in the case, that the appellant debtor company is recoverable, can have socially relevant activity, generate jobs, contribute to the increase of the national economy, collect taxes, maximum due date, it is necessary to maintain the negative recovery", he stated.
Ciampolini noted that the objective of Law 11,101/2005 is the maintenance of the company's social function and the prerequisite for processing the request for judicial recovery is the effective demonstration of the development of business activity, "given that the analysis of the contracts attached by the applicant does not it is possible to verify the effective development of business activity".In this case, as it is a long sponsorship contract, the values of which would be used to finance CBF's activities, the clause has a clear coercive purpose. Therefore, Minister Cueva highlighted that the reduction must comply with the nature and purpose of the business.