2021-03-30
Added · Updated
CVM Resolution No. 25 establishes a transitional rule for the application of Article 124, Section 1, Item II of Law No. 6,404 of 1976, extending the notice period for convening general meetings from 15 to 30 days. The 30-day notice period applies to general meetings convened starting May 1, 2021, while meetings convened or scheduled by April 30, 2021, may continue to observe the 15-day notice period. This measure addresses potential misalignment with Article 132 of Law No. 6,404 regarding accounts for the social exercise ending on December 31, 2020, and enters into force on the date of its publication.
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SECURITIES COMMISSION OF BRAZIL
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CVM RESOLUTION NO. 25, OF MARCH 30, 2021
Provides for a transitional rule for the application of the provisions of Article 124, Section 1, Item II of Law No. 6,404, of December 15, 1976.
THE PRESIDENT OF THE SECURITIES COMMISSION OF BRAZIL – CVM makes public that the Collegiate Body, in a meeting held on March 30, 2021, based on the provisions of Article 8, Item I, of Law No. 6,385, of December 7, 1976, and Article 6 of Provisional Measure No. 1,040, of March 29, 2021, as well as considering that:
a) Provisional Measure No. 1,040, of March 29, 2021, provides for several measures related to the improvement of the country's business environment; b) among these measures, there is the extension of the notice period for convening general meetings from 15 (fifteen) to 30 (thirty) days, according to the new wording given to Article 124, Section 1, Item II of Law No. 6,404, of December 15, 1976, with immediate effect; c) the application of the aforementioned period to general meetings provided for, but not yet convened, to deliberate on accounts for the social exercise ended on December 31, 2020, could generate, for many companies, a mismatch with what is established in Article 132 of Law No. 6,404, of 1976; and d) Article 6 of Provisional Measure No. 1,040, of 2021, attributed competence to the Securities and Exchange Commission to determine transitional rules for obligations arising from Chapter III, which includes the new wording of Article 124, Section 1, Item II, of Law No. 6,404, of 1976;
APPROVED the following Resolution:
Article 1. The 30 (thirty) day period provided for in Item II of Section 1 of Article 124 of Law No. 6,404, of 1976, shall apply to general meetings convened starting May 1, 2021.
Sole Paragraph. General meetings already convened or those to be convened by April 30, 2021, may observe the 15 (fifteen) day notice period for the first call.
Article 2. This Resolution enters into force on the date of its publication.
Electronically signed by
MARCELO BARBOSA
President
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Source: Comissão de Valores Mobiliários — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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CVM published 2 documents in the last 30 days. We email you each new one the day it's published.