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Artigos de Governance and Recovery of Companies


Governance and Recovery of Companies
Unprecedented decision of TJ / RS allows companies Reorganization participate in bidding process Autor: Scalzilli.fmv Advogados & Associados

The Sixth Civil Chamber of the Court of Justice of RS injunction granted in place of Interlocutory Appeal, for the purpose of declaring that the judgment suing the company that is in bankruptcy, that allows the participation in contracts for services with loved public, both for the maintenance of the current contracts in progress as to future hires, participating in bids, without production of the certificate of negative reorganization, required in art. 31, II, the Procurement Law.
The decision is unprecedented in the Court of RS, without precedent even in the Superior Court of Justice. The process of Reorganization is being conducted by Scalzilli.fmv Lawyers & Associates, who has pleaded in court that application.
According to the lawyer Gabriele Chimelo banking legal gaucho, the granting of this injunction order is of vital importance for the maintenance of the company, since it focused its business activity in the provision of services to public entities, so that virtually all of the revenue earned comes from contracts with the Public Administration.
As well stressed the Judge Ney Neto Wiedemann, despite being in recovery company, is not beholden tax and tax, and the simple fact of being in bankruptcy, by itself, does not seem, in theory, relevant and decisive reason for not can keep current contracts and participate in future bids.


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