Clipping of news on Brazilian Culture, Law and Citizenship
 


Debts

Finance maintains consortium right to withhold the letter of credit bad credit

28/11/2013

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

 

 



transparent image



The Committee on Finance and Taxation rejected project ( PL 2392/11 ) which prohibits the retention of syndicated letter of credit contemplated enrolled in register of credit protection by default in other operations .

For the rapporteur , Mr Aelton Freitas ( PR - MG ) , "not holding the letter , knowing the bad debt situation , constitute reckless conduct, pose a risk to the financial health of the group ."

For the text, the former deputy Francisco Araújo , however , to receive the letter , the consortium should be with their obligations on time plots with the group .

The rapporteur notes that the law governing consortia ( 11.795/08 ) requires administrators to request additional guarantees , " and proof of timely payment of the condition in general, one of them " .

prevention
Aelton Freitas emphasized that the retention of the delivery of the letter of credit to customers enrolled in databases defaulters not affront the Consumer Protection Code ( CDC , Law 8.078/90 ) and does not constitute abuse .

For him , this requirement , instead, preserves basic rights under the law , aimed at " precisely the effective prevention and moral , individual , collective and diffuse damage."

With regard to financial and budgetary matters , the committee judged that it is not for analysis , " because they take essentially normative character , without direct or indirect impact on public finance and budgeting quantitative " .

procedure
As the proposal was approved in the Commission on Consumer Protection and the Committee on Finance rejected the analysis of the merits , it loses conclusive character and must be voted on by the plenary .
But before that , will be examined by the Committee on Constitution and Justice and Citizenship .



Full proposal :
PL-2392/2011

Reportage - Maria Neves
Edition - Newton Araújo




Source : Agency Board

Our news are taken in full from our partner sites . For this reason , we can not change their content even in cases of typos .

This article was translated by an automatic translation system, and was therefore not reviewed by people.

Important:
The JurisWay site does not interfere in the work provided by doctrine, why only reflect the opinions, ideas and concepts of their authors.


  Subjects list
 
  Copyright (c) 2006-2009. JurisWay - All rights reserved.