Art. 38. The creditor’s vote will be proportional
to the value of its credit, except in the resolutions on the recovery plan
the provisions of § 2 of art. 45 of this law. Single paragraph. In judicial recovery,
for the sole purpose of voting at the general meeting, the foreign currency credit will be converted
to national currency by the eve exchange of the date of the meeting. Article 39. They shall have the right to vote at the general meeting.
the people listed in the lenders framework or, failing that, the relationship of creditors
filed by the court administrator in art. 7, § 2, of this Law, or,
in the absence of this, in the relationship presented by the debtor himself under the terms of arts.
51, items III and IV of the caption, 99, item III of the caput, or 105, item II of the caput,
of this Law, plus, in any event, the which are qualified on the date of
of the meeting or who have credits admitted or amended by judicial decision, including
those which obtained a reserve of sums, subject to the provisions of §§ 1 and 2 of
art. 10 of this Law. Paragraph 1. They shall not have the right to vote and shall not be
considered for the purpose of verifying the quorum for installation and deliberation
credit holders except in the form of of §§ 3 and 4 of art. 49 of this Law. Paragraph 2. The deliberations of the General Assembly
will not be invalidated due to subsequent court decision about the existence, quantification
or credit rating. Paragraph 3 In case of subsequent invalidation
of deliberation of the assembly, are protected the rights of third parties in good faith by responding
creditors who approve the resolution proven damage caused by
fraud or guilt. Article 40. An injunction shall not be granted,
precautionary or anticipatory nature of effects of guardianship, suspension or postponement
of the general meeting of creditors pending discussion about the existence,
quantification or classification of credits. Art. 41. The general assembly shall be composed of
by the following classes of lenders: I – holders of credits derived from
employment legislation or arising from work accidents; II – secured credit holders
real; III – holders of unsecured credits,
with special privilege, with privilege general or subordinate. IV – holders of credits classified as
microenterprise or small business. (Included by Supplementary Law No. 147,
of 2014) Paragraph 1. Holders of derivative credits
of labor legislation vote with the class provided for in item I of the caput of this article
with your total credit regardless of the value. Paragraph 2. Holders of secured credits
vote with the class provided for in II of the caput of this article up to the limit of
value of the asset recorded and with the expected class in item III of the caput of this article for the remainder
of the value of your credit. Article 42. The proposal shall be deemed approved.
obtain favorable votes from creditors representing more than half of the total amount
of the credits present at the general meeting, except in the deliberations on the
judicial reorganization pursuant to that of item I of the caput of art. 35 of this Law,
the composition of the Creditors Committee or form alternative realization of the asset under
of art. 145 of this Law. Art. 43. The partners of the debtor, as well as the
related companies, parent companies, subsidiaries or those that have a partner or shareholder with
greater than ten percent (10%) of the capital debtor or where the debtor or any other person
of its partners hold superior participation 10% (ten per cent) of the share capital may be
attend the general meeting of creditors, without voting rights and will not be considered
for the purposes of verifying the installation quorum and deliberation. Single paragraph. The provisions of this article
also applies to the spouse or relative, blood or similar, collateral to the 2nd
(second) degree, ascending or descending debtor, administrator, controlling shareholder,
of member of the advisory, fiscal councils of the debtor company and the
society in which any of these people perform these functions. Art. 44. In choosing the representatives of
each class on the Creditors Committee, only their members may vote.