Post by account_disabled on Jan 11, 2024 11:11:07 GMT 2
Only when the majority of partners, representing more than half of the share capital, understand that one or more partners are putting the continuity of the company at risk, due to acts of undeniable seriousness, may they be excluded from the company, by amending the contract. social status, provided that exclusion for just cause is provided for with presentation of the necessary documentation.much more significant changes, including the provision for the exclusion of a minority partner, which were previously non-existent” to be “introduced in the social contract of the business company without due support in the documentation filed and without it being included in the body of the amendment”.
In this case, the company's minority partner, aged 70, was excluded from the company for supposedly just cause. In this case, he requested an advance on dividends because he was confined at home due to the health restrictions imposed by the spread of Covid-19 in the country. The decision Telegram Number Data opens space for decision opens space for discussion about the use of the sole paragraph of art. 1,085 of the Civil Code, inserted by Law 13,792/19, which gives broad powers to the majority partner to exclude the minority partner without any need to prove the excluded partner's awareness or respect for his right to contradictory and full defense. The minority partner is represented by Yamane e Dias Advogados .
reproduction Arbitration court may discuss credits subject to judicial recovery; execution of individual credits is exclusive to universal judgment Reproduction In fact, the exclusive jurisdiction of the universal court is only for the practice or control of acts of execution of individual credits carried out against bankrupt companies or those undergoing judicial recovery. Thus, even with the establishment of the recovery, the demands filed must continue in the courts themselves, regardless of whether they involve competitive or extra-competitive credits, until there is an effective value of the amount owed. From then on, if the credit is competitive, it must be qualified in the general list of creditors. Otherwise, the debt may be foreclosed.
In this case, the company's minority partner, aged 70, was excluded from the company for supposedly just cause. In this case, he requested an advance on dividends because he was confined at home due to the health restrictions imposed by the spread of Covid-19 in the country. The decision Telegram Number Data opens space for decision opens space for discussion about the use of the sole paragraph of art. 1,085 of the Civil Code, inserted by Law 13,792/19, which gives broad powers to the majority partner to exclude the minority partner without any need to prove the excluded partner's awareness or respect for his right to contradictory and full defense. The minority partner is represented by Yamane e Dias Advogados .
reproduction Arbitration court may discuss credits subject to judicial recovery; execution of individual credits is exclusive to universal judgment Reproduction In fact, the exclusive jurisdiction of the universal court is only for the practice or control of acts of execution of individual credits carried out against bankrupt companies or those undergoing judicial recovery. Thus, even with the establishment of the recovery, the demands filed must continue in the courts themselves, regardless of whether they involve competitive or extra-competitive credits, until there is an effective value of the amount owed. From then on, if the credit is competitive, it must be qualified in the general list of creditors. Otherwise, the debt may be foreclosed.