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Highlights from the Bill on the Foreign Exchange Market
On October 7, the Executive Branch forwarded to the National Congress Bill (PL) No. 5,387/19, which allows for implementation one of the objectives of the current management of the Central Bank of Brazil (BCB) mentioned by the president of that organization, in his inauguration ceremony in March of this year: “to make the market more open to foreigners, with a possible convertible currency[1] that serves as a reference for the region."
How would the recent change in California labor law affect digital platforms in Brazil if applied here?
A law passed in September by the state of California in the United States assumes that a person providing services for consideration should be considered an employee of the contracting company unless the company demonstrates that all of the following requirements have been met:
The control of legality of judicial reorganization plans
One of the biggest controversies under the Company Judicial Reorganization Act (LRE) is the limit on the Judiciary's role in controlling the legality of the judicial reorganization plan. Recently, this discussion has gained another chapter. In deciding Special Appeal No. 1.630.932/SP, filed by a São Paulo company in judicial reorganization, the Superior Court of Justice (STJ) ruled that the Referential Rate (TR) is valid as a criterion for correction of bankruptcy claims, if so approved by the creditors.
Government studies possible changes to infrastructure debentures legislation
Created by Law No. 12,431/11 to promote the participation of private investment in financing the infrastructure sector in Brazil, infrastructure debentures have been gaining ever more force since 2016, with the reduction of the participation of the National Development Bank (BNDES) in the financing of new projects and the stabilization of Brazilian macroeconomic conditions.
Bill 1,646/19: Fight against delinquent debtors and collection of outstanding debt
With the main objective of combating delinquent debtors and strengthening the collection of outstanding debt within the federal tax administration, the Ministry of Economy presented to the Chamber of Deputies, in March, Bill No. 1,646/19. Some aspects of the text deserve special attention, such as the extrajudicial procedures applicable to delinquent debtors, defined in the Bill as “taxpayers whose tax behavior is characterized by substantial and repeated tax delinquency.”
Settlement of letters of guarantee or performance bonds in tax foreclosures
There are two main forms of defense in tax foreclosures: the pre-foreclosure  exception and the motion to stay enforcement. The first is presented in the record, without the need to guarantee the tax debt under debate, that is to say, it is less costly for the taxpayer. However, its scope is limited to situations that do not require production of evidence or where the issues may be heard by the judge ex officio, pursuant to Precedent No. 393 of the Superior Court of Appeals (STJ).
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