ARTICLES




THE DUE DILIGENCE RULE FOR OFFICERS OF ENTIDADES FECHADAS DE PREVIDÊNCIA COMPLEMENTAR

"Sumary:The Entidades Fechadas de Previdência Complementar are a type of legal entity that aims to provide additional retirement benefits to the statutory system. In order to achieve its purpose, these entities create reserves by accumulating contributions made by the parties involved, which are applied at financial and securities markets. The activities of its managers are oriented by the rule of diligence – a general clause whose parameters are stated by doctrine and precedents. This paper studies these parameters, presenting the exact idea of how this clause should be applied with justice, and proposes the "due diligence" applied to the corporate restructuring, as a means of documentation and prove of fulfilling to the referred clause, by the managers of Entidades Fechadas de Previdência Complementar.

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A RELATIONSHIP BETWEEN SOCIAL SECURITY AUTHORITIES OF CLOSED PENSION SUPPLEMENTARY AND ITS PARTICIPANTS: lack of service provision for remuneration

" Summary: This article aims to pursue studies begun in the article entitled "Precedent 321 of the STJ: First reflections on the (in) applicability of the Consumer Code (CDC) to Closed Entities of Pension Funds", on the premise that the EFPC not offer service to market remuneration, therefore, does not qualify as "supplier", pursuant to art. 3 of the CDC."

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PRECEDENT 321 THE STJ : FIRST THOUGHTS ABOUT (IN) APPLICABILITY TO CLOSED SUPPLEMENTARY PENSION ENTITIES

" Summary: This article traces the earliest reflections on the applicability of the Code of Consumer Protection (CDC) and the Statement of Precedent 321 of the Superior Court of Justice, the legal relationship between the Closed Entities (Supplementary Pension EFPCs's) and its participants, starting from assumption that EFPCs not offer service to market remuneration, therefore, does not qualify or could qualify as "provider" under art. 3 of the CDC. The CVET has associative bias, objective narrowly pension, based on participative management and common goals, which is summarized in the formation of technical reserves, derived from contributions made by employers (as sponsors) and their employees (participants) for pension plans in addition to the profitability of own assets, to guarantee the future payment of supplemental pension benefits to participants closed group."

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WARRANTY OF CREDITS GUARANTY FUND - FGC: In the face of the administrators of third party funds

" Summary: This article examines the claim of obtainers popular savings institutions, mainly the Administrators Group from participants and Closed Entities Supplementary Pension (Pension Funds), with the judiciary, the recognition of warranty provided by the Guarantee Fund credits - FGC proportion to the number of participating members of their respective groups or consortia of private pension plans."

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The DIRECT DAMAGES IN THE MINORITY SHAREHOLDER ACTION RESPONSIBILITY OF THE ADMINISTRATOR OF S / A: Case Studies and Comparative Law

" Summary: This article examines, through the study of two cases tried in comparative research and comparative law, the direct damage in the nation's liability corporation administrator. The goal is to realize the limits of "individual damage" or "direct damage" that legitimizes the minority shareholder to bring an action in his own name against the directors. Additionally, aims to show that the reduction of dividends or higher stock value as a result of breach of duties by administrators cause damage to society and only reflexmnete to shareholders, which is why the share of responsibility in this case is social and not direct. "

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Bankruptcy Administrator Groups of Participants - Application for Refund - Possibility - Rationale Diversa (Understanding System)

"By this test, it will examine the legal basis which led to the conclusion of the eminent Court of Minas Gerais, through its 5th Civil Court (judgment in Civil Appeal No. 1.0024.01.025004-1/001), Rel Des . José Francisco Bueno, in order to present, with due venia , a solution more consistent with the peculiarity of the system of financial consortium and the case in question. "

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Financial consortium: The consortium of consumer goods such as financial activity typical

"By this test, it will examine the legal basis which led to the conclusion of the eminent Court of Minas Gerais, through its 5th Civil Court (judgment in Civil Appeal No. 1.0024.01.025004-1/001), Rel Des . José Francisco Bueno, in order to present, with due venia , a solution more consistent with the peculiarity of the system of financial consortium and the case in question. "

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Conjur - New law creates business without a partner

" Summary: The Senate approved on June 1, 2011, Bill House of Representatives amending the Civil Code to establish the Individual Limited Liability Company (PL 4605-C, 2009 deputy Odair Cunha). PL awaiting presidential approval and deserves our initial thoughts.
It is a historical necessity to house the natural desires of the person you wish to waive part of their resources to business activity and fails to do so inhibited by the unlimited liability they would incur. Although laudable initiative, the legislative option does not seem to take more interesting than Bill developed by the National Registration Department of Commerce (DNRC) in 1991. "

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