Post by shiha520 on Feb 11, 2024 9:57:17 GMT
Judicial recovery, regulated by Law No. 11,101/2005 and amended by Law No. 14,112/2020, is the mechanism that companies in a serious economic crisis can use to enable their rise in the market, without being closed, thus guaranteeing compliance with its social function, according to the precepts of article 170 of the 1988 Federal Constitution: "Art. 170. The economic order, founded on the valorization of human work and free initiative, aims to ensure a dignified existence for everyone, in accordance with the dictates of social justice, observing the following principles: I – National sovereignty; II – Private property ; III – Social function of property; IV – Free competition; V – Consumer protection; VI – Defense of the environment; (repealed) VI – Defense of the environment, including through differentiated treatment according to the environmental impact of products and services and its elaboration and provision processes; (Wording given by Constitutional Amendment nº 42, of 12/19/2003) VII – Reduction of regional and social inequalities; VIII – Search for full employment; IX – Favored treatment for Brazilian companies with small national capital size .
(Revoked) IX – Favored treatment for small companies incorporated under Brazilian laws and which have their headquarters and administration in the country. (Wording given by Constitutional Amendment nº 6, of 1995) Sole paragraph. Everyone is guaranteed the free exercise of any economic activity, regardless of authorization from public bodies, except in cases provided for by law. (See Law No. 13,874, of 2019)” Possibility of including a specific clause in the judicial recovery plan It is important to highlight that the company's social function must Canada Email List go beyond generating and guaranteeing jobs, collecting taxes and circulating wealth — a company is much more than that, it also has a strong impact Social. When requesting recovery, the company must present the judicial recovery plan, in which it will inform the court, creditors and any meeting of creditors about its assets, liabilities and how it will manage and pay them. At this point, a social responsibility clause can be included in the plan, as a form of reciprocity with society, which is also affected by the organizational crisis, given that a company has an impact on society as a whole, in several aspects.
And how does this social responsibility work within a judicial recovery? There are many ways in which the company can collaborate in social development during its upliftment, such as, for example, using economic and tax incentives (when possible), reducing taxes, actions that can even improve the organization's image in the market. . Affirmative actions to encourage good environmental practices are also possible, offering places for this implementation (such as recycling materials or preserving green areas), or even internal and external actions with employees and customers regarding diversity and inclusion (PCDs and LGBTI+). And what are the advantages for the recovering company? A company in judicial recovery has very high debts, especially labor debts (generally the large portion of liabilities) and affirmative actions can make a good impression of the corporation before its creditors and society in general, in addition to promoting the market in relation to entrepreneurs, generating more credibility, as well as serving as a social example, which can bring many benefits to a future expansion plan, reviving production and opening up the possibility of improving revenue and, thus, reaching the recovery objective.
(Revoked) IX – Favored treatment for small companies incorporated under Brazilian laws and which have their headquarters and administration in the country. (Wording given by Constitutional Amendment nº 6, of 1995) Sole paragraph. Everyone is guaranteed the free exercise of any economic activity, regardless of authorization from public bodies, except in cases provided for by law. (See Law No. 13,874, of 2019)” Possibility of including a specific clause in the judicial recovery plan It is important to highlight that the company's social function must Canada Email List go beyond generating and guaranteeing jobs, collecting taxes and circulating wealth — a company is much more than that, it also has a strong impact Social. When requesting recovery, the company must present the judicial recovery plan, in which it will inform the court, creditors and any meeting of creditors about its assets, liabilities and how it will manage and pay them. At this point, a social responsibility clause can be included in the plan, as a form of reciprocity with society, which is also affected by the organizational crisis, given that a company has an impact on society as a whole, in several aspects.
And how does this social responsibility work within a judicial recovery? There are many ways in which the company can collaborate in social development during its upliftment, such as, for example, using economic and tax incentives (when possible), reducing taxes, actions that can even improve the organization's image in the market. . Affirmative actions to encourage good environmental practices are also possible, offering places for this implementation (such as recycling materials or preserving green areas), or even internal and external actions with employees and customers regarding diversity and inclusion (PCDs and LGBTI+). And what are the advantages for the recovering company? A company in judicial recovery has very high debts, especially labor debts (generally the large portion of liabilities) and affirmative actions can make a good impression of the corporation before its creditors and society in general, in addition to promoting the market in relation to entrepreneurs, generating more credibility, as well as serving as a social example, which can bring many benefits to a future expansion plan, reviving production and opening up the possibility of improving revenue and, thus, reaching the recovery objective.