Post by account_disabled on Mar 12, 2024 0:47:30 GMT -5
Micro and small companies in recovery must pay the judicial administrator remuneration corresponding to a maximum of 2% of the amounts owed to creditors, regardless of the recovery plan adopted by them. With this understanding, the 4th Panel of the Superior Court of Justice dismissed the special appeal of an administrator who wished to receive fees greater than 2% of the credits in dispute in the recovery of two small companies renting and selling construction machinery and equipment.
Gustavo Lima/STJ
Minister Luis Felipe Salomão highlighted the importance of small companies
Gustavo Lima/STJ
Before the case reached the STJ, the Court of Justice of Mato Grosso (TJ-MT) had reformed the initial sentence, imposing a limitation on the administrator's fees at 2%, in accordance with paragraph 5 of article 24 of the Judicial Recovery Law and Bankruptcy (Law 11,101/2005).
The administrator then appealed Portugal Mobile Number List to the STJ with the allegation that the application of the maximum percentage of 2% would only be valid if the companies had adhered to the special recovery plan, instead of opting for the common method. This is because, according to him, the special plan includes a smaller volume of work to be carried out by the administrator.
In his vote, the rapporteur of the special appeal, minister Luis Felipe Salomão, stated that the 2% fee ceiling for smaller companies undergoing judicial recovery is expressly provided for in Law 11,101/2005, in its article 24, paragraph 5.
"The rule had the scope of eminently protecting the legal entity that meets the legal requirements of small businesses, giving due favored treatment, regardless of their option to adopt the special recovery plan", stated the minister.
The rapporteur also highlighted that the Federal Constitution reserves beneficial treatment for micro and small businesses, providing for the simplification of administrative, tax, social security and credit obligations.
According to the minister, the objective of this legal protection is to promote entrepreneurship, with the consequent generation of jobs and income. He mentioned a survey by the Brazilian Institute of Geography and Statistics (IBGE) according to which, in 2005, smaller companies represented 99.2% of the total businesses operating in the country. With information from the STJ press office.