Are you ready for the post COVID-19?

  • 03 June, 2020 -

Dear Clients, Partners and Friends,

 

In recent months, our Firm has closely followed legislative and caselaw developments regarding the pandemic and started to disclose the “Clippings Chenut Covid-19” always with the latest updates on the subject.

Fortunately, the gradual return of activities has begun and we understand that the time has come to say goodbye to our “Covid-19 Clippings” which will no longer be sent from this month onwards.

We will keep a regular production of legal content – available in our website, social media and newsletter – always attentive to the legal developments of the post-pandemic. We are sure that we will overcome this challenging period together!

To help you resume your activities, we selected below the themes most consulted to our team regarding the legal reflexes of the post COVID-19.

We remain at your disposal to assist you in returning to your activities in the safest way possible. Count on us!

 

Kindest Regards,

Chenut Team

 

Labour law:

  • Court discussions focused specifically on non-compliance with the requirements for adoption of the measures set forth in Provisional Measures 927 and 936.
  • Court discussions arising from collective dismissals.
  • The increase (already existing) of labour lawsuits as a result of the pandemic, contingency and differentiated action due to the scenario and future uncertainty (agreements?).
  • Collective bargaining aimed at mitigating future risks and making benefits more flexible in order to maintain jobs in the recovery of the economy.
  • Evaluation of the best measure related to employees according to the client’s needs and the existing possibilities to reduce costs according to the situation.

 

Tax Law:

  • Prospects on claims for dismissal of fines for non-compliance with tax obligations arising from the effects of the pandemic.
  • Indication of the effects of the pandemic as a legal justification for a “Tax Transaction” (Law no. 13/988/20).
  • Increase of inspection/recovery procedures by the Brazilian Federal Revenue Office after the pandemic.
  • Criminalisation by simply not collecting taxes and the Tax Psychology (post-pandemic “default” may become a reality for many taxpayers).
  • Extension of already authorised moratoria and their effects (extension of the due date of taxes and accessory obligations – during the pandemic – to the second half of 2020).
  • Management of post-crisis effects through tax governance.
  • Tax on Great Fortunes (IGF) / New Tax on Financial Transactions (CPMF) (law projects that proceed to the creation of new “emergency” taxes).
  • Reduction of tax rates, especially resulting from the importation of products destined to fight the pandemic.

 

Litigation / Bankruptcy Law

  • New rules of arbitration chambers and tribunals.
  • Increase in bankruptcy and judicial reorganisation claims.
  • The positioning of the already existing caselaw on the pandemic, especially covering: price review, suspension of payment, TOP and application of readjustment.
  • Review of contracts: negotiate or litigate?

 

Contract and Corporate Law:

  • Summoning of the Force Majeure to suspend or reduce contracts.
  • Take or Pay clauses.
  • What about the real estate lease contracts?
  • How to proceed in view of the return of the activities of the Commercial Registries? How do the DELIVERY and DRIVE THRU systems of the Commercial Registry of the State of São Paulo (JUCESP) work?
  • Will mandates that had been automatically extended be terminated as well?
  • How to record the minutes of meetings held by videoconference?
  • Facilitating the incorporation, modifications and closure of Startups through Inova Simples.
  • Extension of the deadline for holding an Ordinary General Assembly or a Quotaholders’ Meeting.
  • Suspension of the effect of contractual clauses that provide for the obligation to hold an Ordinary General Meeting;
  • Modification of the beginning of the term for filing corporate acts.



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