Rule · BR-LAW · 17 Sep 2008
English translation of the Portuguese text from planalto.gov.br (the Portuguese text is the official one). Retrieved 2026-10-26.
Presidency of the Republic
Civil House
Suboffice for Legal Affairs
LAW No. 11,775, OF 17 SEPTEMBER 2008.
Compiled text
Veto message
Conversion of Provisional Measure No. 432, of 2008
Institutes measures to encourage the settlement or regularization of debts originating from rural credit and land credit operations; amends Laws No. 11,322, of 13 July 2006, 8,171, of 17 January 1991, 11,524, of 24 September 2007, 10,186, of 12 February 2001, 7,827, of 27 September 1989, 10,177, of 12 January 2001, 11,718, of 20 June 2008, 8,427, of 27 May 1992, 10,420, of 10 April 2002, Decree-Law No. 79, of 19 December 1966, and Law No. 10,978, of 7 December 2004; and provides other measures.
THE PRESIDENT OF THE REPUBLIC I make known that the National Congress decrees and I sanction the following Law:
Art. 1 The adoption of the following measures to encourage the settlement or regularization of debts originating from rural credit operations, renegotiated based on § 3 of art. 5 of Law No. 9,138, of 29 November 1995, and renegotiated under the terms of Law No. 10,437, of 25 April 2002, or of art. 4 of Law No. 11,322, of 13 July 2006, is authorized:
I - for the settlement in 2008, 2009 or 2010 of performing operations, granting of discounts according to the table in Annex I of this Law, provided that:
a) for the purpose of classification in the discount brackets for settlement of the operation until 30 December 2008, the outstanding balance as of 31 March 2008 shall be considered, calculated without the adjustment by the variation of the minimum price, referred to in §§ 3 and 5 of art. 1 of Law No. 10,437, of 25 April 2002, and items III, V and VI of
the caput of art. 4 of Law No. 11,322, of 13 July 2006;
b) for the purpose of classification in the discount brackets for settlement of the operation in 2009 or 2010, the outstanding balance as of 1 January 2009 or 1 January 2010, respectively, shall be considered, calculated without the adjustment by the variation of the minimum price referred to in subparagraph a of this item;
c) the discounts and compliance bonuses shall be applied in the following order:
1. contractual compliance bonus on the outstanding balance;
2. additional percentage discount on the amount calculated under the terms of item 1 of this subparagraph;
3. fixed amount discount on the amount calculated under the terms of item 2 of this subparagraph;
II - for the renegotiation of performing operations:
a) permission to the borrower, upon formalization of a contractual amendment, for the renegotiation so that, from the formalization of the renegotiation, the adjustment by the variation of the minimum price and the option for delivery of the product in payment of the debt are suppressed, as referred to in item IV of § 5 of art. 5 of Law No. 9,138, of 29 November 1995, §§ 3 and 5 of art. 1 of Law No. 10,437, of 25 April 2002, and items III,
V and VI of the caput of art. 4 of Law No. 11,322, of 13 July 2006;
b) maintenance of the contractual amortization terms or their rescheduling until the final maturity on 31 October 2025;
III - for the settlement, in 2008, of non-performing operations:
III - for the settlement, until 2009, of non-performing operations: (Wording given by Law No. 12,058, of 2009)
a) waiver of the adjustment by the variation of the minimum price, referred to in §§ 3 and 5 of art. 1 of Law No. 10,437, of 25 April 2002, and items III,
V and VI of the caput of art. 4 of Law No. 11,322, of 13 July 2006, referring to the overdue installments;
b) adjustment of the overdue outstanding balance, removing the charges for non-compliance and adjusting the balance of each installment by the normal charges until the date of their respective contractual maturity, and application of the Broad Consumer Price Index - IPCA, published by the Brazilian Institute of Geography and Statistics Foundation - IBGE, plus 6% (six percent) per year
pro rata die, calculated from the contractual maturity date of each installment until the date of settlement;
c) calculation of the outstanding balance without the adjustment by the variation of the minimum price, referred to in §§ 3 and 5 of art. 1 of Law No. 10,437, of 25 April 2002, and items III,
V and VI of the caput of art. 4 of Law No. 11,322, of 13 July 2006;
d) application to the total outstanding balance calculated of the discounts provided in the table in Annex I of this Law, observing the order referred to in subparagraph c of item I of
the caput of this article and considering the date of settlement for the purpose of classification in the discount brackets;
IV - for the renegotiation of non-performing operations:
a) requirement of full payment of the installment due in 2008, with the contractual bonus applied if paid by its due date, or, in the case of payment still in 2008 after the due date, with adjustment under the terms of subparagraphs a and b of item III of
the caput of this article;
a) the requirement of full payment of the installment due in 2009, with the contractual bonus applied if paid by its due date, or, in the case of payment still in 2009, after the due date, with adjustment under the terms of subparagraphs a and b of item III of the caput of this article; (Wording given by Law No. 12,058, of 2009)
b) requirement of minimum amortization of 2% (two percent) of the overdue outstanding balance, adjusted under the terms of subparagraphs a and b of item III of
the caput of this article, and distribution among the future installments of the remaining amount, maintaining the contractual repayment terms or rescheduling them until the final maturity on 31 October 2025;
c) application of the provisions of subparagraph a of item II of
the caput of this article for operations renegotiated under the conditions referred to in this item;
d) application of the same conditions and discounts established in subparagraphs b and c of item I of
the caput of this article, in the case of settlement of the operation in 2009 or 2010.
§ 1 Only those shall be entitled to the measures referred to in items I to IV of
caput of this article, the operation that has been acquired and relieved of risk by the Union, in the form of art. 2 of Provisional Measure No. 2,196-3, of 24 August 2001, or is backed by resources and at the risk of the Constitutional Financing Funds for the North - FNO, the Northeast - FNE or the Central-West - FCO, in accordance with art. 13 of the same Provisional Measure, or of the Coffee Economy Defense Fund - FUNCAFÉ.
§ 2 In operations renegotiated according to the conditions established by
art. 4 of Law No. 11,322, of 13 July 2006, the discounts provided for early settlement until 2008 must be replaced by the discounts referred to in item I of
caput of this article.
§ 2 In operations renegotiated according to the conditions established by art. 4 of Law No. 11,322, of 13 July 2006, the discounts provided for early settlement until 2009 must be replaced by the discounts referred to in item I of the caput of this article.
(Text given by Law No. 12,058, of 2009)
§ 3 For the settlement of operations in which the financed amounts were applied in activities developed in the area of operation of the Northeast Development Superintendency - SUDENE, except in Municipalities located in cerrado areas, to be defined by the Ministers of State for National Integration, Finance and Agriculture, Livestock and Supply, the corresponding percentage discount provided in the table contained in Annex I of this Law shall be increased by 10 (ten) percentage points.
§ 4 The costs arising from the adjustment of the overdue debt balance, the discounts and the bonuses granted under the terms of this article shall be charged to the National Treasury, when the operations are at the risk of the Union, to the Constitutional Financing Funds, in operations backed by their resources, and to Funcafé, in the case of operations with its resources and risk.
§ 5 For operations renegotiated under the terms of this article, early amortization of installments is permitted, until the year 2010, with application of the respective settlement discounts established in item I of
caput of this article, except the fixed-value discount, which shall be defined in the form of § 6 of this article, provided that the operation is current on the date of early payment of the installments and that these are amortized in the reverse order of that provided in the repayment schedule.
§ 6 To define the fixed-value discount in the early amortizations of each installment referred to in § 5 of this article, the value of the fixed discount for the respective balance ranges established in item I of the caput of this article must be considered, and:
I - for payment of installments in 2008, the fixed discount value must be divided by 17 (seventeen) and multiplied by the number of annual installments amortized in that year;
II - for payment of installments in 2009, the fixed discount value must be divided by 16 (sixteen) and multiplied by the number of annual installments amortized in that year;
III - for payment of installments in 2010, the fixed discount value must be divided by 15 (fifteen) and multiplied by the number of annual installments amortized in that year.
Art. 2
The adoption of the following measures to encourage the settlement or renegotiation of debts originating from rural credit operations, renegotiated based on § 3 of art. 5 of Law No. 9,138, of 29 November 1995, and not renegotiated under Law No. 10,437, of 25 April 2002, or under the terms of art. 4 of Law No. 11,322, of 13 July 2006, is authorized:
I - obtaining the debt balance of the operations by the sum of overdue and future installments, whose values shall be calculated by:
a) multiplying the units of products linked to each overdue installment by the respective minimum prices in force on the date of its maturity, with subsequent application of the IPCA variation plus interest of 6% (six percent) per year between the contractual maturity of each installment and the date of settlement or renegotiation;
b) multiplying the sum of the units of products linked to the future installments by the minimum prices in force on the date of settlement or renegotiation, after deducting, in each installment, the interest portion of 3% (three percent) per year between the date of each contractual maturity and the date of settlement or renegotiation;
II - application, for the settlement in 2008 of the debt balance of the operation, calculated under the terms of item I of this article, of the same discounts provided in the table contained in Annex I of this Law, observing the provisions of subitems a and c of item I of
caput of art. 1 of this Law;
III - formalization of a contractual amendment, for the renegotiation of the operation, observing that:
a) in the case of defaulted operations, a minimum amortization of 2% (two percent) of the overdue debt balance, calculated in the form of subitem a of item I of
caput of this article, shall be required;
b) the remaining debt balance shall be rescheduled in annual, equal and successive installments, with the first maturity agreed for 31 October 2009 and the last for 31 October 2025;
b) the remaining debt balance shall be rescheduled in annual, equal and successive installments, with the first maturity agreed for up to 30 December 2009 and the others for 31 October of each year, until 2025;
(Text given by Law No. 12,058, of 2009)
c) the contractual amendment must include the suppression of the correction of the debt balance by the variation of the minimum price and of the possibility of settling the debt by delivering the product linked to the operation, referred to in item IV of § 5 of art. 5 of Law No. 9,138, of 29 November 1995, with only the effective interest rate of 3% (three percent) per year remaining in force contractually;
d) after the renegotiation has been carried out, the borrowers may settle the operation in 2009 or 2010, with the discounts provided in the table contained in Annex I of this Law, observing the conditions established in subitems b and c of item I of
caput of art. 1 of this Law;
e) after the renegotiation, early amortization is permitted in the years 2008, 2009 or 2010 of installments of operations that were current on the payment date, with the application of the conditions established in §§ 5 and 6 of art. 1 of this Law.
§ 1 Only the operation that has been acquired and relieved of risk by the Union, in the form of art. 2 of Provisional Measure No. 2.196-3, of 24 August 2001, or is backed by resources and with risk of the FNO, FNE or FCO, in accordance with art. 13 of the same Provisional Measure, or of Funcafé, shall be entitled to the measures dealt with in items I to III of the
caput of this article.
§ 2 For the settlement of operations in which the financed amounts were applied in activities developed in the area of operation of Sudene, except in Municipalities located in cerrado areas, to be defined by the Ministers of State for National Integration, Finance and Agriculture, Livestock and Supply, the corresponding percentage discount provided in the table contained in Annex I of this Law shall be increased by 10 (ten) percentage points.
§ 3 The costs arising from the bonuses and discounts granted under the terms of this article shall be charged to the National Treasury, when the operations have Union risk, to the Constitutional Financing Funds, in operations backed by their resources, and to Funcafé, in the case of operations with their resources and risk.
Art. 3 The adoption of the following measures to encourage the settlement or regularization of operations with risk of the National Treasury, of the Constitutional Financing Funds or of financial institutions, classified under § 6 of art. 5 of Law No. 9.138, of 29 November 1995, and in Resolution No. 2.471, of 26 February 1998, of the National Monetary Council - CMN, which are in a situation of default, is authorized:
I - calculation of the amount of overdue interest installments, for the purpose of settlement, according to the conditions contractually established for a normal situation up to the maturity date of each installment, including the incidence of punctuality bonus and application, from the maturity date of each installment until the date of its effective settlement, of the financial charges agreed for a normal situation, except as regards the application of the punctuality bonus;
II - possibility of settlement of the amount calculated in the form of item I of the
caput of this article with own resources or through the contracting of new financing, at the discretion of the financial agent, subject to the payment of at least 5% (five percent) of the calculated amount, observing that:
a) the use of resources from the Constitutional Financing Funds in operations backed by them shall be permitted;
b) in operations backed by resources of financial institutions or whose credit risk is of the Union by virtue of Provisional Measure No. 2.196-3, of 24 August 2001, the use of mandatory rural credit resources shall be permitted, and the financial institution that carries out the operation must assume the full risk of the operations.
§ 1 The CMN shall establish the conditions of the financing dealt with in item II of the
caput
of this article.
§ 2 It is authorized, for the borrowers of operations dealt with in the
caput
of this article and who have overdue interest installments from years prior to 2008, including those with outstanding balances registered or eligible for registration in the Union's Active Debt:
I - the payment of interest installments due in 2008 made up to the date of their respective maturity, considering the additional periods granted by the CMN, with the right to the conditions and contractual punctuality bonuses;
§ 2 It is authorized, for the borrowers of operations dealt with in the caput of this article and who have overdue interest installments from years prior to 2009, including those with outstanding balances registered or eligible for registration in the Union's Active Debt: (Redaction given by Law No. 12.058, of 2009)
I - the payment of interest installments due in 2009 made up to the date of their respective maturity, considering the additional periods granted by the CMN, with the right to the conditions and contractual punctuality bonuses;
(Redaction given by Law No. 12.058, of 2009)
§ 2 It is authorized for the borrowers of operations dealt with in the
caput of this article and who have overdue interest installments from years prior to 2010, including those with outstanding balances registered or eligible for registration in the Union's Active Debt - DAU: (Redaction given by Law No. 12.249, of 2010)
I - the payment of interest installments due in 2010 made up to the date of their respective maturity, considering the additional periods granted by the National Monetary Council - CMN, with the right to the conditions and contractual punctuality bonuses; (Redaction given by Law No. 12.249, of 2010)
II - the remaining outstanding balance shall be settled or renegotiated under the conditions established in the
caput
of this article or in art. 8 of this Law, according to the situation of the operation.
§ 3 The Union and the Constitutional Financing Funds are authorized to bear the punctuality bonuses that must be granted to borrowers in the calculation of the amount due of each overdue interest installment, in the form established in item I of the caput
of this article, and the difference between the default charges to be reversed from the overdue interest installments and the interest applied from maturity shall be assumed by the respective holder of the credit risk.
Art. 4 The renegotiation is authorized, through the formalization of a contractual amendment, of the operations referred to in § 6-A of art. 5 of Law No. 9,138 of 29 November 1995, not renegotiated under Law No. 10,437 of 25 April 2002, and which are current or become current, ensuring, as of 27 May 2008, to borrowers who make payment by the respective due date that the interest portion, calculated at the effective rate originally contracted, of up to 8% (eight percent), 9% (nine percent) or 10% (ten percent) per year on the principal updated based on the variation of the General Market Price Index - IGP-M, shall not exceed the caps of:
I - 0.759% (seven hundred and fifty-nine thousandths of a percent) per month on the principal balance, for the IGP-M variation of the month immediately preceding the month of incidence;
II - 3% (three percent), 4% (four percent) or 5% (five percent) per year, for the interest rate of 8% (eight percent), 9% (nine percent) or 10% (ten percent), respectively, calculated
pro rata die as of 27 May 2008.
§ 1 In the renegotiation referred to in this article, the National Treasury and the Constitutional Financing Funds shall assume, through a declaration of responsibility for the amounts certified by the financial institutions, the costs related to the difference between the contractual amount for interest payment and the amount received in accordance with the provisions of this article.
§ 2 The cap referred to in item I of the
caput
of this article does not apply to the updating of the principal of the debt already guaranteed by certificates of responsibility of the National Treasury.
Art. 5 The adoption of the following measures to encourage the settlement or renegotiation of operations under the Program for the Revitalization of Agricultural Production Cooperatives - RECOOP, referred to in Provisional Measure No. 2,168-40 of 24 August 2001, which were contracted with risk, integral or partial, of the Union or of the Constitutional Financing Funds, is authorized:
I - in current operations:
a) for the settlement of the operation in 2008, granting a discount of 15% (fifteen percent) on the outstanding balance;
b) for the settlement of the operation in 2009 or 2010, granting a discount of 12% (twelve percent) or 9% (nine percent), respectively, on the outstanding balance;
II - in defaulted operations, for settlement or renegotiation:
a) adjustment of the overdue outstanding balance:
1. removing the penalties for default;
2. updating the balance of each overdue installment by the normal charges until the respective contractual due date; and
3. applying the charges agreed for default, except penalties, from the contractual due date of each installment until the date of settlement;
b) for the settlement of the operation in 2008, granting the discount provided for in subitem a of item I of the
caput
of this article, on the outstanding balance adjusted under the conditions established in subitem a of this item, plus the outstanding balance not yet due;
c) for the renegotiation of the operation:
1. requirement of payment of the installment due in 2008, taken without additional default charges for payments made by the contractual due date;
2. distribution of the overdue outstanding balance, adjusted under the terms of subitem a of this item, among the installments due as of 2009;
1. requirement of payment of the installment due in 2009, considering the terms stipulated by the CMN, taken without additional default charges for payments made by the contractual due date;
(Redaction given by Law No. 12,058 of 2009)
2. distribution of the overdue outstanding balance, adjusted under the terms of subitem a of this item, among the installments due as of 2010;
(Redaction given by Law No. 12,058 of 2009)
3. granting of the same discounts established in subitem b of item I of the
caput
of this article, in case of settlement of the operation in 2009 or 2010.
Sole paragraph. The cost of the discounts shall be borne by the National Treasury, when the operations are equalized by it or have risk of the Union, and by the Constitutional Funds, in operations with their resources and risk.
Art. 6 The adoption of the following measures to encourage the settlement or renegotiation of debts originating from credit operations with resources of the Coffee Economy Defense Fund - FUNCAFÉ subject to dation in payment, referred to in art. 3 of Provisional Measure No. 2,196-3 of 24 August 2001, is authorized:
I - in current operations:
a) for the settlement of the operation in 2008, 2009 or 2010:
1. granting of discounts, according to the table in Annex II of this Law, with the percentage discount to be applied on the total outstanding balance on the date of payment and, then, the respective fixed-value discount to be applied per outstanding balance range;
2. consideration of the total outstanding balance as of 31 March 2008, 1 January 2009 or 1 January 2010, for the purpose of classification in the discount ranges for settlement of the operation by 30 December 2008, 2009 or 2010, respectively;
b) for the renegotiation of the operation:
1. permission for the rescheduling of the outstanding balance, through the formalization of an amendment, distributing it in quarterly, semiannual or annual installments until 2020, according to the regular periodicity of obtaining revenues by the borrower, maintaining in 2008 the due date of the first recalculated installment and allowing it to be set on a date different from that of subsequent years;
1 – permission for the rescheduling of the outstanding balance, through the formalization of an amendment, distributing it in quarterly, semiannual or annual installments until 2020, according to the regular periodicity of obtaining revenues by the borrower, with the due date of the first renegotiated installment in 2009, provided that the borrowers have expressed interest in adhering to the renegotiation process within the terms defined by the National Monetary Council; (Redaction given by Law No. 11,922 of 2009)
2. application of the effective interest rate of 7.5% (seven point five percent) per year, as of 1 May 2008, with a payment compliance bonus of 3.75% (three point seven five percent) on the interest rate due, with the other agreed conditions maintained;
II - in defaulted operations:
a) for the settlement of the operation in 2008:
1. adjustment of the overdue outstanding balance, removing the penalties for default and correcting the balance of each installment by the normal charges up to the date of the respective contractual due date, including the payment compliance bonus applied to the interest rate, and application of the IPCA plus 6% (six percent) per year,
pro rata die, from the contractual due date of each installment until the date of settlement;
2. consolidation of the overdue outstanding balance and the installments due and granting of the discounts provided for in the table contained in Annex II of this Law, observing the conditions established in subparagraph a of item I of
caput
of this article, considering the outstanding balance adjusted on the date of renegotiation for the purpose of classification in the discount brackets;
b) for the renegotiation of the operation:
1. adjustment of the overdue outstanding balance according to the conditions established in item 1 of subparagraph a of this item;
2. requirement of a minimum amortization of 5% (five percent) of the adjusted overdue outstanding balance up to the date of renegotiation;
3. permission for the rescheduling of the remaining adjusted outstanding balance, distributing it in annual installments until 2020 and maintaining in 2008 the due date of the first renegotiated installment, through the formalization of an amendment;
3 – permission for the rescheduling of the remaining adjusted outstanding balance, through the formalization of an amendment, distributing it in annual installments until 2020, according to the regular periodicity of obtaining revenues by the borrower, with the due date of the first renegotiated installment in 2009, provided that the borrowers have expressed interest in adhering to the renegotiation process within the deadlines defined by the National Monetary Council; (Text given by Law No. 11,922, of 2009)
4. application of the provisions of item 2 of subparagraph b of item I of
caput
of this article;
5. permission for the settlement of the operation in 2009 or 2010, observing the conditions provided for in the table contained in Annex II of this Law and established in subparagraph a of item I of
caput
of this article.
Sole paragraph. The cost of the discounts shall be borne by Funcafé.
§ 1 Borrowers in good standing are permitted to pay each installment of the operations referred to in the caput
of this article in coffee bags, up to the agreed due date, with the quantity of the product defined by dividing the value of the updated installment by the minimum price in effect on the date of payment of the respective installment. (Included by Law No. 11,922, of 2009)
§ 2 The borrower in good standing who opts for payment of the installment in product in the manner of § 1 of this article shall deliver the quantity of product due to Funcafé, up to the due date of the respective installment, at the locations, conditions and with the product characteristics defined by the National Supply Company – CONAB. (Included by Law No. 11,922, of 2009)
§ 3 The cost of the discounts granted in this article and of any difference in relation to settlement based on §§ 1 and 2 of this article shall be borne by Funcafé. (Included by Law No. 11,922, of 2009)
§ 4 The National Monetary Council shall define the other conditions and deadlines for implementation of the provisions of this article. (Included by Law No. 11,922, of 2009)
Art. 7 The adoption of the following measures to encourage the settlement or renegotiation of debts from operations under the Program for the Recovery of the Bahian Cocoa Crop that were not renegotiated based on §§ 3 or 6 of art. 5 of Law No. 9,138, of 29 November 1995, and were contracted with partial or full risk of the National Treasury, the State of Bahia and the FNE is authorized:
Art. 7 The adoption of the following measures to encourage the settlement or renegotiation of debts from operations, under the Program for the Recovery of the Bahian Cocoa Crop, whose partial or full risk is that of the National Treasury, the Treasury of the State of Bahia, the Development Agency of the State of Bahia S.A., the Constitutional Financing Fund of the Northeast – FNE, Banco do Brasil S.A. and Banco do Nordeste do Brasil S.A., provided that they have not been renegotiated based on §§ 3 or 6 of art. 5 of Law No. 9,138, of 29 November 1995: (Text given by Law No. 11,922, of 2009)
I - in stages 1 and 2 of the Program:
a) adjustment of the outstanding balance to the date of renegotiation or settlement, observing that:
1. in defaulted operations, the overdue outstanding balances must be adjusted, removing the charges for default, correcting the balances of the installments by the normal charges up to the date of renegotiation or settlement and consolidating the adjusted overdue outstanding balances and the installments due of the 2 (two) stages, where applicable;
2. in operations in good standing, the outstanding balances due of the 2 (two) stages must be consolidated on the date of renegotiation or settlement;
b) for the settlement of operations in 2008, once the outstanding balance of stages 1 and 2 has been adjusted and consolidated, under the terms of subparagraph a of this item:
b) for settlement of operations by 30 June 2009, once the outstanding balance of stages 1 and 2 has been adjusted and consolidated, under the terms of subparagraph a of this item: (Text given by Law No. 11,922, of 2009)
b) for the settlement of operations by 30 December 2009, once the outstanding balance of stages 1 and 2 has been adjusted and consolidated, under the terms of subparagraph a of this item:
(Text given by Law No. 12,058, of 2009)
b) for the settlement of operations by 30 June 2011, once the outstanding balance of stages 1 and 2 has been adjusted and consolidated, under the terms of subparagraph a of this item: (Text given by Law No. 12,380, 2011)
1. consideration of the sum of the consolidated debit balances as of 31 March 2008, for the purpose of classification within the discount brackets, taking into account the adjusted debit balances of the 2 (two) stages;
2. granting of discounts, in accordance with the table contained in Annex III of this Law, with the percentage discount to be applied to the debit balances on the settlement date and, thereafter, the respective fixed-value discount to be applied per debit balance bracket;
c) for the renegotiation of operations in 2008, once the debit balance of stages 1 and 2 has been adjusted and consolidated, in accordance with subparagraph a of this item:
c) for the renegotiation of operations up to 30 June 2009, once the debit balance of stages 1 and 2 has been adjusted and consolidated, in accordance with subparagraph a of this item: (Redação dada pela Lei nº 11.922, de 2009)
c) for the renegotiation of operations up to 30 December 2009, once the debit balance of stages 1 and 2 has been adjusted and consolidated, in accordance with subparagraph a of this item:
(Amended by Law No. 12.058, of 2009)
c) for the renegotiation of operations up to 30 June 2011, once the debit balance of stages 1 and 2 has been adjusted and consolidated, in accordance with subparagraph a of this item: (Redação dada pela Lei nº 12.380, 2011)
1. consideration of the sum of the consolidated debit balances as of 31 March 2008, for the purpose of classification within the discount brackets, taking the adjusted debit balances of the 2 (two) stages;
2. granting of discounts, in accordance with the table contained in Annex IV of this Law, with the percentage discount to be applied to the sum of the debit balances on the renegotiation date and, thereafter, the respective fixed-value discount to be applied per debit balance bracket;
3. the debit balance, after the granting of the respective discounts, may be settled by means of contracting a new operation, under the conditions defined in item V of the
caput
of this article;
II - in stage 3 of the Program:
a) adjustment of the debit balance to the renegotiation or settlement date, observing that:
1. in defaulted operations, the overdue debit balances must be adjusted by removing the charges for default, correcting the balances of the installments by the normal charges up to the renegotiation date and consolidating the adjusted overdue debit balance and the future installments;
2. in non-defaulted operations, the outstanding debit balance must be consolidated on the renegotiation date;
b) for the settlement of operations in 2008, once the debit balance has been adjusted and consolidated, in accordance with subparagraph a of this item:
b) for settlement of operations up to 30 June 2009, once the debit balance has been adjusted and consolidated, in accordance with subparagraph a of this item: (Redação dada pela Lei nº 11.922, de 2009)
b) for the settlement of operations up to 30 December 2009, once the debit balance has been adjusted and consolidated, in accordance with subparagraph a of this item:
(Amended by Law No. 12.058, of 2009)
b) for the settlement of operations up to 30 June 2011, once the debit balance has been adjusted and consolidated, in accordance with subparagraph a of this item: (Redação dada pela Lei nº 12.380, 2011)
1. consideration of the consolidated debit balance as of 31 March 2008, for the purpose of classification within the discount brackets;
2. granting of discounts, in accordance with the table contained in Annex V of this Law, with the percentage discount to be applied to the debit balance on the settlement date and, thereafter, the respective fixed-value discount to be applied per debit balance bracket;
c) for the renegotiation of operations in 2008, once the debit balance has been adjusted and consolidated, in accordance with subparagraph a of this item:
c) for the renegotiation of operations up to 30 June 2009, once the debit balance has been adjusted and consolidated, in accordance with subparagraph a of this item: (Redação dada pela Lei nº 11.922, de 2009)
c) for the renegotiation of operations up to 30 December 2009, once the debit balance has been adjusted and consolidated, in accordance with subparagraph a of this item:
(Amended by Law No. 12.058, of 2009)
c) for the renegotiation of operations up to 30 June 2011, once the debit balance has been adjusted and consolidated, in accordance with subparagraph a of this item: (Redação dada pela Lei nº 12.380, 2011)
1. consideration of the consolidated debit balance as of 31 March 2008, for the purpose of classification within the discount brackets;
2. granting of discounts, in accordance with the table contained in Annex VI of this Law, with the percentage discount to be applied to the debit balance on the renegotiation date and, thereafter, the respective fixed-value discount to be applied per debit balance bracket;
3. the debit balance, after the granting of the respective discounts, may be settled by means of contracting a new operation, under the conditions defined in item V of the
caput
of this article;
III - in stage 4 of the Program:
a) adjustment of the debit balance to the renegotiation or settlement date, observing that:
1. in defaulted operations, the overdue debit balances must be adjusted, removing the charges for default, correcting the balances of the installments by the normal charges up to the renegotiation date and consolidating the adjusted overdue debit balance and the future installments;
2. in non-defaulted operations, the outstanding debit balance must be consolidated on the renegotiation date;
b) for settlement of operations in 2008, once the debit balance has been adjusted and consolidated, in accordance with subparagraph a of this item:
b) for settlement of operations up to 30 June 2009, once the debit balance has been adjusted and consolidated, in accordance with subparagraph a of this item: (Redação dada pela Lei nº 11.922, de 2009)
b) for the settlement of operations up to 30 December 2009, once the debit balance has been adjusted and consolidated, in accordance with subparagraph a of this item:
(Amended by Law No. 12.058, of 2009)
b) for the settlement of operations up to 30 June 2011, once the debit balance has been adjusted and consolidated, in accordance with subparagraph a of this item: (Redação dada pela Lei nº 12.380, 2011)
1. consideration of the consolidated debit balance as of 31 March 2008, for the purpose of classification within the discount brackets;
2. granting of discounts, in accordance with the table in Annex VII of this Law, and the percentage discount shall apply to the outstanding balance on the settlement date and, subsequently, the respective fixed-amount discount shall be applied by outstanding balance bracket;
c) for renegotiation of the operations in 2008, once the outstanding balance has been adjusted and consolidated, in accordance with subparagraph a of this item:
c) for the renegotiation of operations up to 30 June 2009, once the outstanding balance has been adjusted and consolidated, in accordance with subparagraph a of this item: (Wording given by Law No. 11.922, of 2009)
c) for the renegotiation of operations up to 30 December 2009, once the outstanding balance has been adjusted and consolidated, in accordance with subparagraph a of this item:
(Wording given by Law No. 12.058, of 2009)
c) for the renegotiation of operations up to 30 June 2011, once the outstanding balance has been adjusted and consolidated, in accordance with subparagraph a of this item: (Wording given by Law No. 12.380, 2011)
1. consideration of the outstanding balance consolidated on 31 March 2008, for the purpose of classification in the discount brackets;
2. granting of discounts, in accordance with the table in Annex VIII of this Law, and the percentage discount shall apply to the outstanding balance on the renegotiation date and, subsequently, the respective fixed-amount discount shall be applied by outstanding balance bracket;
3. the outstanding balance, after the granting of the respective discounts, may be settled by contracting a new operation, under the conditions defined in item V of the
caput
of this article;
IV - in the financings for the acquisition of National Treasury securities - CTN:
a) adjustment of the outstanding balance to the renegotiation or settlement date, provided that:
1. in defaulted operations, the overdue outstanding balance shall be adjusted by removing the charges for default, adjusting the balances of the installments by the normal charges up to the renegotiation or settlement date, and consolidating the adjusted overdue outstanding balance and the future installments;
2. in non-defaulted operations, the future outstanding balance shall be consolidated on the renegotiation date;
b) for settlement of the operations in 2008, by the adjusted and consolidated outstanding balance, in accordance with subparagraph a of this item;
b) for settlement of the operations up to 30 June 2009, by the adjusted and consolidated outstanding balance, in accordance with subparagraph a of this item; (Wording given by Law No. 11.922, of 2009)
b) for the settlement of operations up to 30 December 2009, by the adjusted and consolidated outstanding balance, in accordance with subparagraph a of this item;
(Wording given by Law No. 12.058, of 2009)
b) for the settlement of operations up to 30 June 2011, by the adjusted and consolidated outstanding balance, in accordance with subparagraph a of this item; (Wording given by Law No. 12.380, 2011)
c) for renegotiation of operations in 2008, by the outstanding balance adjusted and consolidated in accordance with subparagraph a of this item, through the contracting of a new operation, under the conditions defined in item V of the
caput
of this article;
c) for the renegotiation of operations up to 30 June 2009, by the outstanding balance adjusted and consolidated, in accordance with subparagraph a of this item, through the contracting of a new operation, under the conditions defined in item V of the caput of this article; (Wording given by Law No. 11.922, of 2009)
c) for the renegotiation of operations up to 30 December 2009, by the outstanding balance adjusted and consolidated in accordance with subparagraph a of this item, through the contracting of a new operation, under the conditions defined in item V of the caput of this article;
(Wording given by Law No. 12.058, of 2009)
c) for the renegotiation of operations up to 30 June 2011, by the outstanding balance adjusted and consolidated in accordance with subparagraph a of this item, through the contracting of a new operation, under the conditions defined in item V of the
caput of this article; (Wording given by Law No. 12.380, 2011)
V - contracting by the financial manager of the FNE of a new credit operation for the settlement of the outstanding balance of the operations of the Program, under the following conditions:
a) credit limit: up to the amount sufficient for the settlement of the outstanding balance of the operations of stages 1 to 4, determined in accordance with items I to III of the
caput of this article, and of the outstanding balance of the financing for acquisition of National Treasury securities, determined in accordance with item IV of the caput
of this article;
a) credit limit: up to the amount sufficient for settlement of the outstanding balance of the operations of stages 1 to 4, determined in accordance with items I to III of the
caput
of this article, of the outstanding balance of the financing for acquisition of National Treasury securities, determined in accordance with item IV of this article, and of the outstanding balance of the costing and investment operations contracted up to 30 April 2004, referred to in art. 7-A of this Law; (Wording given by Law No. 12.380, 2011)
b) source of funds: FNE;
c) risk: entire risk of the FNE;
d) financial charges and terms: those in force for rural credit operations from this source according to the size of the producer;
e) guarantees: the same ones constituted in the operations that will be settled with the contracting of the new financing, excluding the guarantee of the National Treasury and that of the Treasury of Bahia.
e) guarantees: the same ones constituted in the operations that will be settled with the contracting of the new financing, excluding the guarantees of the National Treasury and of the Treasury of Bahia. (Wording given by Law No. 11.922, of 2009)
§ 1 The costs of the discounts may be borne by the National Treasury, the Treasury of the State of Bahia, the FNE and financial agents, respecting the proportion of the risk of each one in the total of the operations renegotiated or settled based on this article, subject to the granting of the benefits to the formalization of the assumption of these charges by the aforementioned parties.
§ 1 The operations dealt with in this article, whose risk is entirely that of the financial agents, may be renegotiated under the conditions defined in this article, provided that the financial agents assume the burden of the costs of the discounts of the operations renegotiated or settled based on this article, and the outstanding balance, after the granting of the respective discounts, may be settled by means of contracting a new operation, under the conditions defined in item V of the caput
of this article. (Wording given by Law No. 11,922, of 2009)
§ 2 The Union is authorized to assume up to 50% (fifty percent) of the costs attributed in the manner of this article to the Treasury of the State of Bahia and to the Development Agency of the State of Bahia S.A. - DESENBAHIA.
§ 2 The costs of the discounts may be borne by the National Treasury, the Treasury of the State of Bahia, FNE and financial agents, respecting the proportion of the risk of each one in the total of the operations renegotiated or settled based on this article, with the granting of the benefits conditioned upon the formalization of the assumption of these burdens by the aforementioned parties. (Wording given by Law No. 11,922, of 2009)
§ 3 The National Treasury, when it concerns operations carried out with resources of the National Treasury or of the Brazilian Development Bank – BNDES, is authorized to assume up to 50% (fifty percent) of the costs attributed in the manner of this article to the Treasury of the State of Bahia. (Included by Law No. 11,922, of 2009)
§ 4 The FNE, when it concerns operations carried out with resources of that Fund, is authorized to assume up to 50% (fifty percent) of the costs attributed in the manner of this article to the Treasury of the State of Bahia and to the Development Agency of the State of Bahia S.A. – DESENBAHIA. (Included by Law No. 11,922, of 2009)
§ 5 The financial manager of the FNE, when the guarantee requires the registration of the contractual instrument in a notary's office, is authorized to transfer the resources of that Fund for the contracting of the new credit operation that will settle the outstanding balance of the operations of the Program with Desenbahia or with Banco do Brasil S.A., referred to in item V of this article, based on the respective protocol of the request for settlement.
(Included by Law No. 12,058, of 2009)
§ 6
(VETOED).
(Included by Law No. 12,249, of 2010)
Art. 7-A.
Rural credit operations intended for the cocoa production activity in the State of Bahia contracted with resources of the Northeast Constitutional Financing Fund - FNE or under the National Program for Strengthening Family Agriculture - PRONAF until 30 April 2004 may be renegotiated or settled under the conditions established for stage 4 of the Program for the Recovery of the Bahian Cocoa Crop, defined in item III of art. 7 of this Law, and the other conditions established in the aforementioned art. 7 must be observed. (Included by Law No. 12,380, 2011)
Art. 8 The adoption of the following measures to encourage the settlement or renegotiation of debts originating from rural credit operations enrolled in the Active Debt of the Union - DAU or that may be included until 29 May 2009 is authorized:
Art. 8 The adoption of the following measures to encourage the settlement or renegotiation of debts originating from rural credit operations enrolled in the Active Debt of the Union or that may be included until 30 November 2009 is authorized:
(Wording given by Law No. 12,058, of 2009)
I - granting of discounts, according to the table contained in Annex IX of this Law, for the settlement of the debt until 30 December 2009, with the percentage discount to apply to the sum of the outstanding balances per borrower on the date of the renegotiation, observing the provisions of § 10 of this article, and, then, the respective fixed-value discount per outstanding balance range to be applied;
II - permission for the renegotiation of the total of the outstanding balances of the operations until 30 June 2009, keeping them in DAU, observing the following conditions:
II – permission for the renegotiation of the total of the outstanding balances of the operations until 30 September 2009, keeping them in DAU, observing the following conditions: (Wording given by Law No. 11,960, of 2009)
II - permission for the renegotiation of the total of the outstanding balances of the operations until 31 March 2010, keeping them in the Active Debt of the Union, observing the following conditions:
(Wording given by Law No. 12,058, of 2009)
Art. 8 The adoption of the following measures to encourage the settlement or renegotiation of debts originating from rural credit operations enrolled in the DAU or that may be included until 31 October 2010 is authorized: (Wording given by Law No. 12,249, of 2010)
Art. 8 The adoption of the following measures to encourage the settlement or renegotiation of debts originating from rural credit operations and of the debts contracted within the scope of the Land and Agrarian Reform Fund and of Loan Agreement 4,147-BR, enrolled in the DAU until the date of publication of this Law, is authorized: (Wording given by Law No. 13,001, of 2014)
I - granting of discounts, according to the table contained in Annex IX of this Law, for the settlement of the debt until 30 November 2010, with the percentage discount to apply to the sum of the outstanding balances per borrower on the date of the renegotiation, observing the provisions of § 10 of this article, and, then, the respective fixed-value discount per outstanding balance range to be applied; (Wording given by Law No. 12,249, of 2010)
I – granting of discounts, according to the table contained in Annex IX of this Law, for the settlement of the debt until 30 June 2011, with the percentage discount to apply to the sum of the outstanding balances per borrower on the date of the renegotiation, observing the provisions of § 10 of this article, and, then, the respective fixed-value discount per outstanding balance range to be applied; (Wording given by Law No. 12,380, 2011)
I - granting of discounts, according to the table contained in Annex IX of this Law, for the settlement of the debt until 31 August 2013, and the percentage discount shall apply to the sum of the outstanding balances per borrower on the date of renegotiation, observing the provisions of § 10 of this article, and, subsequently, the respective fixed-value discount per outstanding balance bracket shall be applied; (Text given by Law No. 12,788, 2013)
I - granting of discounts, according to the table contained in Annex IX of this Law, for the settlement of the debt until 31 December 2015, and the percentage discount shall apply to the sum of the outstanding balances per borrower on the date of renegotiation, observing the provisions of § 10 of this article, and, subsequently, the respective fixed-value discount per outstanding balance bracket shall be applied; (Text given by Law No. 13,001, of 2014)
II - permission for the renegotiation of the total outstanding balances of the operations until 30 November 2010, keeping them in the DAU, observing the following conditions: (Text given by Law No. 12,249, of 2010)
II – permission for the renegotiation of the total outstanding balances of the operations until 30 June 2011, keeping them in the DAU, observing the following conditions: (Text given by Law No. 12,380, 2011)
II - permission for the renegotiation of the total outstanding balances of the operations until 31 August 2013, keeping them in the DAU, observing the following conditions: (Text given by Law No. 12,788, 2013)
II - permission for the renegotiation of the total outstanding balances of the operations until 31 December 2015, keeping them in the DAU, observing the following conditions: (Text given by Law No. 13,001, of 2014)
a) repayment term: 10 (ten) years, with amortizations in semiannual or annual installments, according to the borrower's revenue flow;
b) (VETOED);
c) granting of a percentage discount on the debt installments paid by the renegotiated due date, according to the table contained in Annex X of this Law, and subsequently applying a fraction of the respective fixed-value discount per outstanding balance bracket;
d) the fraction of the fixed-value discount referred to in subparagraph c of this item shall be that resulting from the division of the respective fixed-value discount provided in the table contained in Annex X of this Law by the number of renegotiated installments according to subparagraph a of this item;
e) the total outstanding balances shall be considered on the date of renegotiation, for the purpose of classification in the discount brackets;
f) payment of the first installment at the time of negotiation.
§ 1 The Union, through the Attorney General's Office of the National Treasury, is authorized to contract, with exemption from bidding, financial institutions that are part of the Federal Public Administration, to adopt the necessary measures to facilitate the process of settlement or renegotiation of rural debts registered in the Union's Active Debt - DAU, under the terms of this Law.
§ 2 For the settlement of the operations dealt with in this article, borrowers who financed activities in the Sudene area of operation, except in Municipalities located in cerrado areas, to be defined by the Ministers of State for National Integration, Finance, and Agriculture, Livestock and Supply, shall be entitled to an additional discount of 10 (ten) percentage points, to be added to the percentage discounts provided in the table contained in Annex IX of this Law.
§ 3 The Attorney General of the National Treasury is authorized to promote the suspension, as of 31 May 2008, of the debt collection activities registered in the DAU originating from rural credit dealt with in this article, while the renegotiation procedures continue, validating the acts previously signed according to the provisions of this paragraph.
§ 3 The tax executions and their respective procedural deadlines, whose object is the collection of rural credit dealt with in this article, are suspended until 31 March 2010.
(Text given by Law No. 12,058, of 2009)
§ 3 The tax executions and their respective procedural deadlines, whose object is the collection of rural credit dealt with in this article, are suspended until 30 November 2010. (Text given by Law No. 12,249, of 2010)
§ 3 The tax executions and their respective procedural deadlines, whose object is the collection of rural credit dealt with in this article, are suspended until 30 June 2011. (Text given by Law No. 12,380, 2011)
§ 4 Adherence to the renegotiation dealt with in this article entails authorization to the Attorney General's Office of the National Treasury - PGFN to promote the suspension of judicial actions and executions for the collection of the debt until the effective fulfillment of the adjustment, and it must proceed in case of non-compliance.
§ 5 The statute of limitations period for the rural credit debts dealt with in this article is suspended from the date of publication of this Law until 30 June 2009.
§ 5 The statute of limitations period for the rural credit debts dealt with in this article is suspended from the date of publication of this Law until 31 March 2010.
(Text given by Law No. 12,058, of 2009)
§ 5 The statute of limitations period for the rural credit debts dealt with in this article is suspended from the date of publication of this Law until 30 November 2010. (Text given by Law No. 12,249, of 2010)
§ 5 The statute of limitations period for the rural credit debts dealt with in this article is suspended from the date of publication of this Law until 30 June 2011. (Text given by Law No. 12,380, 2011)
§ 6 Non-compliance with the installment plan will result in the loss of benefits, with the debt amount returning to its previous situation, deducting the full amount referring to the installments paid.
§ 7 The debts arising from rural credit operations under the Japanese-Brazilian Cooperation Program for the Development of the Cerrados - PRODECER - Phase II, enrolled in the Union's Active Debt until 29 May 2009, which are settled or renegotiated until 30 June 2009, shall be entitled to an additional discount of 10 (ten) percentage points, to be added to the percentage discounts provided in the tables contained in Annexes IX and X of this Law.
§ 7 The debts arising from rural credit operations under the Japanese-Brazilian Cooperation Program for the Development of the Cerrados - PRODECER - Phase II, enrolled in the Union's Active Debt until 30 November 2009, which are settled until 30 December 2009 or renegotiated until 31 March 2010, shall be entitled to an additional discount of 10 (ten) percentage points, to be added to the percentage discounts provided in the tables contained in Annexes IX and X of this Law. (Text given by Law No. 12,058 of 2009)
§ 7 The debts arising from rural credit operations under the Japanese-Brazilian Cooperation Program for the Development of the Cerrados - PRODECER - Phase II, enrolled in the Union's Active Debt until 31 October 2010, which are settled or renegotiated until 30 June 2011, shall be entitled to an additional discount of 10 (ten) percentage points, to be added to the percentage discounts provided in the tables contained in Annexes IX and X of this Law. (Text given by Law No. 12,380, 2011)
§ 7 The debts arising from rural credit operations under the Japanese-Brazilian Cooperation Program for the Development of the Cerrados - PRODECER - Phase II, whether or not enrolled in the Union's Active Debt until 31 October 2010, which are settled or renegotiated until 31 August 2013, shall be entitled to an additional discount of 10 (ten) percentage points, to be added to the percentage discounts provided in the tables contained in Annexes IX and X of this Law. (Text given by Law No. 12,788, 2013)
§ 7 The debts arising from rural credit operations under the Japanese-Brazilian Cooperation Program for the Development of the Cerrados - PRODECER - Phase II, enrolled in the DAU until the date of publication of this Law, which are settled or renegotiated until 31 December 2015, shall be entitled to an additional discount of 10 (ten) percentage points, to be added to the percentage discounts provided in the tables contained in Annexes IX and X of this Law. (Text given by Law No. 13,001 of 2014)
§ 8 The conditions established in this article shall be extended to debts originating from Prodecer - Phase II operations contracted with the extinct National Bank of Cooperative Credit, whose assets were transferred to the National Treasury.
§ 8 The conditions established in this article shall be extended to debts originating from Prodecer - Phase II operations, the Irrigation Equipment Financing Program - PROFIR and the National Program for the Valuation and Use of Irrigable Lowlands - PROVÁRZEAS, contracted with the extinct National Bank of Cooperative Credit, whose assets were transferred to the National Treasury.
(Text given by Law No. 12,058 of 2009)
§ 9 Upon request of the borrower, an assessment may be made, on a case-by-case basis, of the current value of the guarantees and the financed assets in the operations referred to in §§ 7 and 8 of this article, carried out jointly by the Ministries of Finance and of Agriculture, Livestock and Supply, and the Ministry of Finance is authorized to define the additional discounts to be applied for the settlement or renegotiation of such operations.
§ 9 For the Prodecer - Phase II operations referred to in §§ 7 and 8 of this article, and upon request of the borrower, the Ministry of Finance is authorized to define additional discounts to be applied for the settlement or renegotiation of such operations, based on the review of guarantees carried out jointly by the Ministries of Finance and of Agriculture, Livestock and Supply, as follows: (Text given by Law No. 12,058 of 2009)
I - in the case of settlement, through assessment of the current value of the guarantees and the financed assets; (Included by Law No. 12,058 of 2009)
II - in the case of renegotiation, based on the value of the average net revenue per hectare for the activities developed in the area of the Program, determined by the National Supply Company - CONAB.
(Included by Law No. 12,058 of 2009)
§ 10. To the debts originating from rural credit enrolled in the DAU or that come to be enrolled as of the publication of this Law, the rate of 20% (twenty percent) shall not be added by way of the legal charge provided in Decree-Law No. 1,025 of 21 October 1969, and the amounts already charged shall be deducted from the respective outstanding balances.
§ 11. The renegotiation referred to in this article shall be regulated by an act of the Attorney-General of the National Treasury.
Art. 8-A.
The Federal Attorney General's Office is authorized to adopt the measures to encourage settlement or renegotiation provided in art. 8 of this Law, for debts originating from Prodecer - Phase II, Profir and Provárzeas operations, contracted with the extinct National Bank of Cooperative Credit, whose assets were transferred to the National Treasury and whose respective debts not enrolled in the Union's Active Debt are being enforced by the Federal Attorney General's Office, in cases where the debtors request in the judicial records the settlement or renegotiation until 31 January 2011. (Included by Law No. 12,380, 2011)
§ 1 The execution proceedings and their respective procedural deadlines, whose object is the collection of rural credit referred to in this article, are suspended until 31 January 2011. (Included by Law No. 12,380, 2011)
Art. 8-A. The Federal Attorney General's Office is authorized to adopt the measures to encourage liquidation or renegotiation provided for in art. 8 of this Law for debts originating from operations of Prodecer - Phase II, Profir and Provárzeas, contracted with the extinct Banco Nacional de Crédito Cooperativo, whose assets were transferred to the National Treasury and whose respective debts not registered in the Union's Active Debt are being enforced by the Federal Attorney General's Office, in cases where the debtors request in the judicial records the liquidation or renegotiation by 31 December 2013. (Redação dada pela Lei nº 12.716. de 2008)
§ 1 The execution proceedings and their respective procedural deadlines are suspended until 31 December 2013, whose object is the collection of rural credit dealt with in this article. (Amended by Law No. 12,716 of 2008)
Art. 8-A. The Federal Attorney General's Office is authorized to adopt the measures to encourage liquidation or renegotiation provided for in art. 8 of this Law for debts originating from rural credit operations, whose assets have been transferred to the National Treasury and the respective debts, not registered in the Union's Active Debt, are being enforced by the Federal Attorney General's Office, in cases where the debtors request the benefit by 31 December 2015. (Redação dada pela Lei nº 13.001, de 2014)
§ 1 Once the request for adhesion is formalized, the execution proceedings and their respective procedural deadlines are suspended, until analysis of the request. (Amended by Law No. 13,001 of 2014)
§ 2 Adhesion to the renegotiation dealt with in this article entails an irrevocable confession of the debt and authorization to the Federal Attorney General's Office to promote the suspension of the execution proceeding until the effective fulfillment of the settlement which, if breached, will give rise to the immediate continuation of the execution.
(Included by Law No. 12,380, 2011)
§ 3 The value of the installments, at the time of payment, shall be increased by interest equivalent to the reference rate of the Special System of Settlement and Custody - SELIC for federal securities, under the terms of § 1 of art. 2 of Law No. 9.469, of 10 July 1997. (Included by Law No. 12,380, 2011)
§ 3 The value of the installments, at the time of payment, shall be increased by interest equivalent to the reference rate of the Special System of Settlement and Custody - SELIC for federal securities, accumulated monthly, calculated from the month following the consolidation until the month preceding the payment, and 1% (one percent) for the month in which the payment is being made. (Amended by Law No. 13,001 of 2014)
§ 4 The assets pledged as security for the execution shall remain in this manner, as security for the renegotiation, until the full settlement of the debt, except as provided in art. 59 of this Law. (Included by Law No. 12,380, 2011)
§ 5 Each party shall bear the fees of its attorney, and the debtor shall pay the other procedural expenses. (Included by Law No. 12,380, 2011)
§ 6 The Union, through the Federal Attorney General's Office, is authorized to contract, with exemption from bidding, financial institutions that are part of the federal public administration, to adopt the necessary measures to facilitate the process of liquidation or renegotiation of rural debts, under the terms of this Law. (Included by Law No. 12,380, 2011)
§ 7 The liquidation and renegotiation dealt with in this article shall be regulated by an act of the Federal Attorney General. (Included by Law No. 12,380, 2011)
§ 5 Each party shall bear the fees of its attorney, set in the execution action or in the motion to stay execution, and the debtor shall pay the other procedural expenses. (Text given by Law No. 13,001, of 2014)
§ 6 The Federal Attorney General's Office may authorize the financial institution contracted to administer the credits acquired or relieved of risk by the Union, under the terms of art. 16 of Provisional Measure No. 2.196-3, of 24 August 2001, to adopt the necessary measures to facilitate the process of liquidation or renegotiation of rural debts, under the terms of this article.
(Text given by Law No. 13,001, of 2014)
§ 7 The liquidation and renegotiation dealt with in this article shall be regulated by an act of the Federal Attorney General. (Text given by Law No. 13,001, of 2014)
§ 7 The liquidation and renegotiation dealt with in this article shall be regulated by an act of the Federal Attorney General. (Text given by Law No. 13,043, of 2014)
Art. 9 For the purposes of classification of operations contracted with a cooperative or association of producers in the discount brackets referred to in arts. 1, 2, 6, 7 and 8 of this Law, the outstanding balances on the dates provided for in those provisions shall be considered:
Art. 9 For the purposes of classification of operations contracted with cooperatives, associations of rural producers and condominiums of rural producers, in the discount brackets referred to in arts. 1, 2, 6, 7 and 8 of this Law, the outstanding balances on the dates provided for in those provisions shall be considered:
(Text given by Law No. 12,058, of 2009)
I - by subsidiary certificate or individual credit instrument signed by the final beneficiary of the credit;
II - in the case of an operation that did not involve transfer of funds to cooperative members or associates, by the result of dividing the outstanding balances by the total number of active cooperative members or associates of the entity.
III - in the case of condominiums of rural producers, per participant, excluding spouses, identified by their respective CPF or CNPJ.
(Included by Law No. 12,058, of 2009)
IV - in the case of collective or group operations, signed by 2 (two) or more rural producers, per participant duly identified in the original credit instrument, provided that they are qualified as debtor, excluding spouses, identified by their respective CPF or CNPJ. Included by Law No. 13,001, of 2014)
Art. 10. Rural credit operations intended for agricultural investment, backed by resources transferred by the Brazilian Development Bank - BNDES and contracted up to 30 June 2007, under the Special Agricultural Finame or the Program for the Modernization of the Fleet of Agricultural Tractors and Associated Implements and Harvesters - MODERFROTA, with an effective interest rate higher than 9.5% (nine point five percent) per year, shall have the fixed interest rate replaced, as of 15 July 2008, by a variable rate composed of the Long-Term Interest Rate - TJLP plus a fixed interest rate of 4% (four percent) per year or 3.25% (three point twenty-five percent) per year, respectively, respecting the limit of the interest rate originally agreed per year, at the discretion of the borrower and in accordance with provisions to be established by the CMN.
Sole paragraph. If the interest rate calculated under this article exceeds the rate originally agreed, the burden arising from the contractual modification shall be borne by the National Treasury.
Art. 11. For active rural credit operations backed by resources transferred by BNDES, contracted up to 30 June 2007, under the Cooperative Development Program for Adding Value to Agricultural Production - PRODECOOP, with an effective interest rate higher than 8.75% (eight point seventy-five percent) per year, financial institutions shall replace, as of 15 July 2008, the agreed rate with a fixed interest rate of 8.75% (eight point seventy-five percent) per year.
Sole paragraph. The additional cost arising from the reduction of the interest rate shall be borne by the National Treasury.
Art. 12. For active rural credit operations for agricultural costing contracted in the 2003/2004, 2004/2005 and 2005/2006 harvests that were extended, provided they are backed by mandatory rural credit resources or rural savings with interest rates equalized by the National Treasury, financial institutions may reduce the agreed interest rates, as of 1 July 2008, from 8.75% (eight point seventy-five percent) per year to 6.75% (six point seventy-five percent) per year.
§ 1 The operations of the same kind under the Program for the Generation of Employment and Rural Income - PROGER Rural, including those carried out with resources from the Workers' Assistance Fund - FAT, shall have the interest rate reduced to 6.25% (six point twenty-five percent) per year.
§ 2 The burden arising from the reduction in the interest rate shall be borne by the National Treasury.
Art. 13. The granting of compliance bonuses on the interest rates of operations contracted under the FAT Giro Rural Program, established by resolution of the Deliberative Council of the Workers' Assistance Fund - CODEFAT, and of those originally entered into under this program and reclassified based on Resolution No. 3,509 of 30 November 2007, of the CMN, is hereby authorized, so that the effective interest rate is 8.75% (eight point seventy-five percent) per year, provided that:
I - the bonus shall be granted for operations carried out by rural producers and their cooperatives and shall apply to interest calculated as of 1 July 2008;
II - the bonus referred to in item I of the
caput
of this article may be granted for operations carried out by grain traders and input suppliers, provided that it is demonstrably extended to rural producers;
III - the compliant operation must be updated until 30 June 2008, with the updated balance incorporated as capital;
IV - the burden of this benefit shall be borne by the National Treasury.
Art. 14. The adoption of the following measures to encourage the settlement or renegotiation of debts originating from rural costing financing under the National Program for Strengthening Family Agriculture - PRONAF, contracted in the 2003/2004, 2004/2005 or 2005/2006 harvests, whose borrowers were classified in Groups C, D or E according to CMN rules, is hereby authorized:
I - granting of a rebate, according to the table in Annex XI of this Law, on the total balance of the outstanding installments of operations contracted with resources transferred or equalized by the National Treasury, from the Constitutional Financing Funds or controlled rural credit from demand deposits or rural savings, for borrowers who are in compliance as of 1 April 2008 and who settle the operations in full by the respective due date of the 2008 installment, provided that:
a) in operations of Group C, the rebate must be granted before the application of the contractual bonus for settlement of the operation, limited to the sum of these benefits to the outstanding balance of each operation;
b) the costs arising from the granting of rebates shall be assumed by the Constitutional Financing Funds, in operations carried out with this source, and by the National Treasury, for operations backed by other sources;
II - if the operation in compliance is not settled by 1 July 2008, the interest rates practiced in the 2007/2008 harvest for the respective Pronaf Groups shall apply as of this date, according to criteria to be established by the CMN.
§ 1 The operations classified under the caput
of this article that are in default on the date of renegotiation may be entitled to the settlement benefits established in item I of the
caput of this article and provided for in the table in Annex XI of this Law, provided that they become compliant, observing the following conditions:
I - adjustment of the overdue outstanding balance, removing default charges and applying normal charges until the contractual due date of each installment and normal charges plus 2% (two percent) per year
pro rata die, from the contractual due date of each installment until the date of renegotiation;
II - consolidation of the adjusted overdue debt balance and of the installments due.
§ 2 The defaulted operations, once the debt balance has been consolidated in the manner established in § 1 of this article, may be renegotiated, subject to the following conditions:
I - amortization of at least 1% (one percent) of the adjusted overdue debt balance, without punctuality bonus;
II - extension of the consolidated debt balance for up to 3 (three) years, and the first installment may fall due in 2009;
III - application, as of the date of the extension, of the interest rates practiced in the 2007/2008 crop year for the respective Pronaf Groups.
§ 3 The defaulted operations that have already been classified as loss by the financial institutions are not beneficiaries of the renegotiation referred to in this article, and it shall be at the discretion of each institution to adopt measures aimed at recovering its assets, including the granting of discounts for settlement of the operations, and the Union shall be exempt from any burden arising from these measures.
§ 4 The defaulted operations covered by the
caput of this article carried out with resources and with partial or full risk of the FNO, FNE or FCO, even if they have already been classified as loss by the financial institutions, may be renegotiated or settled under the conditions established by this article.
§ 5 If the operation is recorded as a loss and is backed by resources of the FNO, FNE or FCO, with full risk of the financial institutions, the conditions established by this article may be applied only for the settlement of the debt balance.
§ 6 The costs arising from the benefits granted under the terms of this article shall be charged to the National Treasury, in relation to the operations equalized by it or carried out with resources of the Official Credit Operations or mandatory rural credit resources, and to the Constitutional Financing Funds, in operations backed by their resources.
Art. 15. For rural investment financings under Pronaf that are in default as of 30 April 2008 whose borrowers were classified in Groups C, D or E or in the special investment lines of Pronaf, according to CMN rules, the financial institutions may:
I - adjust the overdue debt balance, removing the charges for default and applying normal charges up to the contractual due date of each overdue installment and normal charges plus 2% (two percent) per year
pro rata die, calculated from the contractual due date of each installment until the date of settlement or renegotiation;
II - apply the contractual punctuality bonuses, in the case of full settlement of the debt;
III - allow the extension of the updated debt balance, subject to the following conditions:
a) consolidation of the adjusted overdue debt balance and of the installments due and minimum amortization of 1% (one percent) of the adjusted overdue debt balance, up to the date of renegotiation, under the conditions of item I of the
caput
of this article, without granting punctuality bonus;
b) amortization of at least 30% (thirty percent) of the installment due in 2008;
c) term of up to 4 (four) years after the due date of the last contractual installment, respecting the limit of 1 (one) year for each annual installment due and unpaid;
d) if the overdue and unpaid installments total a period longer than 4 (four) years, it is permitted to distribute the amounts of the installments exceeding this limit among the total of the installments due;
e) if there are no installments due, the additional term referred to in subitem c of this item shall be counted from the date of renegotiation;
f) maintenance of the other conditions agreed for operations in good standing, including the contractual punctuality bonuses.
§ 1 The operations that have already been classified as loss by the financial institutions are not beneficiaries of the renegotiation referred to in this article, and it shall be at the discretion of each institution to adopt measures aimed at recovering its assets, including the granting of discounts for settlement of the operations, and the Union shall be exempt from any burden arising from these measures.
§ 1 The operations that have already been classified as loss by the financial institutions are not beneficiaries of the renegotiation referred to in this article, and it shall be at the discretion of each institution to adopt measures aimed at recovering its assets, and the Union shall be exempt from any burden arising from these measures.
(Text as provided by Law No. 12,058 of 2009)
§ 2 The operations covered by the caput of this article carried out with resources and with partial or full risk of the FNO, FNE or FCO, even if they have already been classified as loss by the financial institutions, may be renegotiated or settled under the conditions established by this article.
§ 3 If the operation is recorded as a loss and is backed by resources of the FNO, FNE or FCO, with full risk of the financial institutions, the conditions established by this article may be applied only for the settlement of the debt balance.
§ 4 The conditions established in this article apply to rural investment financings contracted under Pronaf between 1995 and 1999 whose operations are in default as of 30 April 2008.
§ 5 In the Municipalities where a state of emergency or public calamity was decreed after 1 July 2007 recognized by the Federal Government whose triggering events have negatively affected agricultural or livestock production of the 2007/2008 crop year, the minimum payment in 2008 established in subitem b of item III of the
caput
of this article is waived.
§ 6 The rural producer who renegotiates their debt related to an investment operation under the conditions established in this article shall be prevented, until they fully settle that debt, from contracting new investment financing, with controlled resources from rural credit or the Constitutional Financing Funds, throughout the National Rural Credit System - SNCR, except when such financing is intended for irrigation, drainage, soil protection or recovery, or degraded areas, afforestation or reforestation works, and in other cases, they must present a declaration that they do not maintain an extended debt under the said impeditive conditions with the SNCR.
§ 6 The rural producer who renegotiates their debt related to an investment operation, under the conditions established in this article, shall be prevented, until they fully settle that debt, from contracting new investment financing, with controlled resources from rural credit or the Constitutional Financing Funds, throughout the National Rural Credit System – SNCR, except when such financing is intended for irrigation, drainage, soil protection or recovery, or degraded areas, fruit growing, shrimp farming, afforestation or reforestation works, and in other cases, they must present a declaration that they do not maintain an extended debt under the said impeditive conditions, with the SNCR. (Wording given by Law No. 11,922, of 2009)
§ 6 The rural producer who renegotiates their debt related to an investment operation, under the conditions established in this article, shall be prevented, until they fully amortize the installments - principal portions plus interest - scheduled for the year following the renegotiation, from contracting new rural investment financing with controlled resources from rural credit or the Constitutional Financing Funds, throughout the National Rural Credit System - SNCR, except when such financing is intended for irrigation, drainage, soil protection or recovery, or degraded areas, fruit growing, shrimp farming, afforestation or reforestation works, and in other cases, they must present a declaration that they do not maintain an extended debt under the said impeditive conditions with the SNCR. (Wording given by Law No. 12,380, 2011)
§ 7 The costs arising from the benefits granted under the terms of this article shall be charged to the National Treasury, in relation to operations equalized by it or carried out with resources from Official Credit Operations, and to the Constitutional Financing Funds, in operations backed by their resources.
Art. 16. Rural investment financings contracted with risk of the Union or of FNO, FNE or FCO whose borrowers were classified in Group B of Pronaf, according to CMN rules, and are in default as of April 30, 2008, shall be granted the following measures:
I - adjustment of the overdue debt balance, removing default charges and applying normal charges until the contractual due date of each overdue installment and normal charges plus 1% (one percent) per year,
pro rata die, calculated from the contractual due date of each installment until the date of settlement or renegotiation;
II - application of contractual compliance bonuses, in the case of full settlement of the debt;
III - permission to extend the updated debt balance, subject to the following conditions:
a) minimum amortization of 1% (one percent) of the overdue debt balance adjusted under the conditions established in item I of the
caput
of this article, without granting compliance bonuses;
b) consolidation of the adjusted overdue debt balance, minus the amortized amount, and of the future installments;
c) extension of the consolidated debt balance for up to 2 (two) years, counted from the date the extension is formalized, and the due date of the first installment cannot exceed 1 (one) year after the date of the renegotiation;
d) maintenance of the other conditions agreed for operations in compliance, including contractual compliance bonuses.
§ 1 Operations contracted before January 1, 2006, that are in compliance or that become compliant under the conditions established in this article by the date of renegotiation in 2008, shall be entitled to an additional rebate of 10 (ten) percentage points, to be added to the contractual compliance bonus, to be applied to the debt balance for full settlement of the operation in 2008.
§ 2 In Municipalities where a state of emergency or public calamity was decreed after July 1, 2007, recognized by the Federal Government, whose triggering events have negatively affected agricultural or livestock production of the 2007/2008 harvest, the provisions of § 1 of this article apply to all active investment operations of Group B, regardless of the contracting date.
Art. 17. Rural investment financings under Pronaf whose borrowers were classified in Group A according to CMN rules and are in default as of April 30, 2008, shall be granted the following measures:
I - for financings contracted or renegotiated with fixed interest rates:
a) exclusion of default charges and application of normal charges until the contractual due date of each overdue installment;
b) application of normal charges plus 1% (one percent) per year,
pro rata die, calculated from the contractual due date of each installment until the date of settlement or renegotiation, except in relation to operations renegotiated under Law No. 10,696, of July 2, 2003, which must be updated only by the charges defined in that Law;
c) application of contractual compliance bonuses, in the case of full settlement of the debt;
d) minimum amortization of 1% (one percent) of the overdue adjusted outstanding balance up to the date of renegotiation, under the conditions of items a and b of this subsection, without granting a payment compliance bonus;
e) permission to extend the updated outstanding balance, after deducting the amortized amount, extending the original term by a period corresponding to that of the overdue and unpaid installments, respecting the limit of up to 4 (four) years after the due date of the last contractual installment;
f) if the overdue and unpaid installments total a period exceeding 4 (four) years, it is permitted to distribute the amounts of the installments exceeding this limit among the future installments;
g) if there are no future installments, the additional period referred to in item e of this subsection shall be counted from the date of renegotiation;
h) maintenance of the other agreed conditions for operations in compliance, including contractual payment compliance bonuses;
II - for financings contracted or renegotiated with variable interest rates:
a) recalculation of the outstanding balance from the contracting date to the date of renegotiation, by applying the fixed interest rate of 3.25% (three point twenty-five percent) per year;
b) application of contractual payment compliance bonuses, in the case of full settlement of the debt;
c) minimum amortization of 1% (one percent) of the overdue adjusted outstanding balance, in accordance with the provisions of item a of this subsection, without granting a payment compliance bonus;
d) permission to extend the updated outstanding balance, after deducting the amortized amount, extending the original term by a period corresponding to that of the overdue and unpaid installments, respecting the limit of up to 4 (four) years after the due date of the last contractual installment;
e) if the overdue and unpaid installments total a period exceeding 4 (four) years, it is permitted to distribute the amounts of the installments exceeding this limit among the future installments;
f) if there are no future installments, the additional period referred to in item d of this subsection shall be counted from the date of renegotiation;
g) application of the interest rate of 1.15% (one point fifteen percent) per year, from the date of renegotiation, and replacement of the contractual payment compliance bonus with a payment compliance bonus of 40% (forty percent) on the principal;
h) maintenance of the other agreed conditions for operations in compliance.
§ 1 Operations contracted before 1 January 2004 that are in compliance or that become compliant under the conditions established in this article by the end of the renegotiation period shall be entitled to a discount of 60% (sixty percent) or 65% (sixty-five percent) on the updated outstanding balance, according to their classification in items I or II of the
caput
of this article, respectively, in replacement of the contractual bonuses, in the case of full settlement of the operation in 2008.
§ 2 The costs arising from the benefits granted under the terms of this article shall be charged to the National Treasury or to the Constitutional Financing Funds, according to the respective risk of the operations.
Art. 18. For rural credit financings under Pronaf with risk of the Union or of FNO, FNE or FCO whose borrowers were classified in Group A or A/C, according to CMN rules, and the operations were contracted before 1 July 2006, financial institutions shall adopt the following measures:
I - in operations contracted or renegotiated with fixed interest rates whose borrowers wish to settle or renegotiate them in 2008:
I - in operations contracted or renegotiated with fixed interest rates whose borrowers wish to settle or renegotiate them by 2009: (Wording given by Law No. 12,058, of 2009)
a) in defaulted operations:
1. adjustment of the overdue outstanding balance, removing default charges and applying normal charges until the contractual due date of each overdue installment and normal charges plus 1% (one percent) per year,
pro rata die, calculated from the contractual due date of each installment until the date of settlement or renegotiation;
2. for renegotiation:
2.1. requirement of minimum amortization of 1% (one percent) of the overdue outstanding balance, adjusted as provided in item 1 of this item, without granting a payment compliance bonus;
2.2. consolidation of the adjusted overdue outstanding balance and the future installments, on the date of renegotiation, and extension of the consolidated outstanding balance for up to 3 (three) years from the date on which the renegotiation is formalized;
2.3. maintenance of the other agreed conditions for operations in compliance;
3. for full settlement of the debt in 2008, consolidation of the adjusted overdue outstanding balance and the future installments on the date of settlement and granting of a bonus of 40% (forty percent) on the consolidated outstanding balance, in replacement of the contractual payment compliance bonuses;
3. for full settlement of the debt by 2009, consolidation of the adjusted overdue outstanding balance and the future installments on the date of settlement and granting of a bonus of 40% (forty percent) on the consolidated outstanding balance, in replacement of the contractual payment compliance bonuses;
(Wording given by Law No. 12,058, of 2009)
b) in compliant operations: application of the provisions of item 3 of item a of this subsection;
II - in operations contracted or renegotiated with variable interest rates whose borrowers wish to settle or renegotiate them in 2008, regardless of the compliance or default status of each operation:
II - in operations contracted or renegotiated with variable interest rates whose borrowers wish to settle or renegotiate them by 2009, regardless of the compliance or default status of each operation:
(Wording given by Law No. 12,058, of 2009)
a) recalculation of the outstanding balance from the contracting date to the date of settlement or renegotiation, by applying the fixed interest rate of 3.25% (three point twenty-five percent) per year;
b) for renegotiation:
1. in the case of a defaulted operation, requirement of a minimum amortization of 1% (one percent) of the overdue outstanding balance, adjusted as provided in subitem a of this item, without granting an on-time payment bonus;
2. consolidation of the adjusted overdue outstanding balance and the installments due, on the date of renegotiation, and extension of the consolidated outstanding balance for up to 3 (three) years from the date on which the renegotiation is formalized;
3. application of the interest rate of 1.15% (one point fifteen percent) per year from the date of renegotiation, with an on-time payment bonus of 30% (thirty percent) on the principal;
c) for full settlement of the debt in 2008, consolidation of the adjusted overdue outstanding balance and the installments due, on the date of settlement, and granting of a 40% (forty percent) bonus on the consolidated outstanding balance, in substitution for the contractual on-time payment bonuses.
c) for full settlement of the debt by 2009, consolidation of the adjusted overdue outstanding balance and the installments due, on the date of settlement, and granting of a 40% (forty percent) bonus on the consolidated outstanding balance, in substitution for the contractual on-time payment bonuses.
(Text as provided by Law No. 12,058, of 2009)
Sole paragraph. The costs arising from the discounts and bonuses granted under the terms of this article shall be charged to the National Treasury or to the Constitutional Financing Funds, according to the respective risk of the operations.
Art. 19. Operations of borrowers classified in Groups A and A/C of Pronaf contracted with the risk of the Union and backed by FAT resources, including those in default, shall be reclassified to the FNO, FCO or FNE source, according to the region where the financed activity is located, or to Official Credit Operations, in the other regions.
§ 1 The risk of the reclassified operations shall be maintained with the Union, in those that become backed by resources of Official Credit Operations, or with the Constitutional Financing Funds, in operations backed by their resources.
§ 2 The provisions set forth in arts. 17 and 18 of this Law for the settlement or renegotiation of debts shall apply to the reclassified operations, according to their situation and characteristics.
Art. 20. The Union is authorized to acquire the operations classified in Group A/C of Pronaf contracted with the risk of Banco do Brasil S.A., Banco da Amazônia S.A. or Banco do Nordeste do Brasil S.A., under the conditions established by the Minister of State for Finance.
Sole paragraph. The operations referred to in this article, after their acquisition by the Union, shall be entitled to the conditions for settlement or renegotiation established in art. 18 of this Law, and may be settled or renegotiated at their respective acquisition value by the Union.
Art. 21. The individualization of individual, group or collective rural credit operations, carried out with a guarantee, classified in Groups A, A/C and B of Pronaf, including those carried out with FAT resources, contracted up to 30 June 2006, with the risk of the Union or of the Constitutional Financing Funds, is authorized, observing the provisions of arts. 282 to 284 of Law No. 10,406, of 10 January 2002 - Civil Code.
Art. 21. The individualization of individual, group or collective rural credit operations, carried out with a guarantee, classified in Groups A, A/C and B of Pronaf, including those carried out with FAT resources, contracted up to 30 June 2011, with the risk of the Union or of the Constitutional Financing Funds, is authorized, observing the provisions of arts. 282 to 284 of Law No. 10,406, of 10 January 2002 - Civil Code.
(Text as provided by Law No. 12,599, of 2012)
§ 1 The individualized operations may be renegotiated according to the conditions established for the respective credit lines by this Law.
§ 2 The substitution or release of guarantees is authorized, and the CMN shall define the cases in which the operations may be guaranteed only by personal obligation and the conditions necessary for the implementation of this measure.
Art. 22. The Union is authorized to grant, for the Pronaf costing operations of the 2007/2008 crop not covered by the Agricultural Activity Guarantee Program - PROAGRO or by the Family Agriculture Insurance - PROAGRO Mais, a rebate of 30% (thirty percent) for Groups A/C, C and D and of 20% (twenty percent) for Group E, calculated on the outstanding balance of the operations contracted with budgetary resources transferred or equalized by the National Treasury, by the Constitutional Financing Funds or controlled rural credit from demand deposits or rural savings, for borrowers who settle the operations by the date of the respective maturity of the operation in 2008, observing the following conditions:
I - the rebate shall be granted only in favor of borrowers from Municipalities where a state of emergency or public calamity was decreed after 1 July 2007 and recognized by the Federal Government whose triggering events have negatively affected the production of the said crop;
II - in the case of Groups A/C and C, the rebates for settlement of the operations shall be granted before the application of the contractual on-time payment bonuses, limited to the sum of these benefits to the outstanding balance of each operation;
III - the costs arising from the granting of the rebates shall be assumed by the Constitutional Financing Funds, in operations carried out with this source, and by the National Treasury, for operations backed by the other sources;
IV - to be entitled to the benefit addressed in this article, the borrower must present a technical report, individual or collective, demonstrating that the production financed by the rural cost credit was harmed by more than 30% (thirty percent) due to the climatic event that motivated the declaration of a state of emergency or public calamity.
Art. 23. The following measures apply to operations under the Special Credit Program for Agrarian Reform - PROCERA, renegotiated or not based on Law No. 10.696, of July 2, 2003:
I - for settlement in 2008 of the outstanding balance, in the case of a performing operation, granting of a 90% (ninety percent) discount, in substitution of the contractual compliance bonuses;
II - the discount established in item I of the caput
of this article is reduced to 85% (eighty-five percent) or 80% (eighty percent), if full payment of the debt occurs, respectively, in 2009 or 2010;
III - for settlement in 2008 of the outstanding balance, in the case of a non-performing operation, adjustment of the outstanding balance up to the payment date by the contractual normal charges and granting of a 90% (ninety percent) discount on the adjusted outstanding balance, in substitution of the contractual compliance bonuses;
IV - for renegotiation of debts renegotiated based on Law No. 10.696, of July 2, 2003, in the case of a non-performing borrower, adjustment of the outstanding balance up to the renegotiation date by the contractual normal charges, minimum amortization of 1% (one percent) of the adjusted overdue outstanding balance, without granting a compliance bonus, and distribution of the remaining amount among the outstanding installments.
Sole paragraph. The costs arising from the benefits granted under the terms of this article shall be charged to the Constitutional Financing Funds, in operations carried out with their resources, and to the Procera Accounting Fund, in other cases.
Art. 24. The following measures apply to land credit operations contracted between March 8, 2004 and May 30, 2008 under the Land and Agrarian Reform Fund, established by Complementary Law No. 93, of February 4, 1998:
I - for performing operations, reduction of the agreed effective interest rate, as of June 1, 2008, from:
a) 6.5% (six point five percent) per year to 5% (five percent) per year;
b) 5.5% (five point five percent) per year to 4% (four percent) per year;
c) 4% (four percent) per year to 3% (three percent) per year;
d) 3% (three percent) per year to 2% (two percent) per year;
II - for non-performing operations up to the renegotiation date:
a) requirement of payment of the installments due in 2008 up to the renegotiation date, according to the contractual conditions for compliance, including the granting of compliance bonuses;
b) permission for amortization, up to the final renegotiation date, of the installments overdue up to December 31, 2007, with the granting of contractual compliance bonuses, considering the outstanding balance calculated under the conditions defined in items c and d of this item;
c) for the renegotiation of installments overdue up to December 31, 2007, through a contractual amendment, application of normal charges up to the contractual due date of each overdue installment, taken without granting the compliance bonus;
d) application of normal charges plus 1% (one percent) per year,
pro rata die, calculated from the contractual due date of each installment up to the renegotiation date, taken without granting the compliance bonus;
e) minimum amortization of 1% (one percent) of the adjusted overdue outstanding balance, up to the renegotiation date, under the conditions of items c and d of this item, taken without granting a compliance bonus;
f) distribution, among the installments outstanding as of 2009, of the adjusted overdue principal balance up to the renegotiation date, deducting the amortized amount;
g) application of the interest rate reduction established in item I of the
caput
of this article to operations that are brought into compliance within the period provided for renegotiation;
h) maintenance of the other agreed conditions for operations in a performing status, including the respective compliance bonuses.
Sole paragraph. The charges arising from the difference between the originally agreed charges and those established in this article shall be the responsibility of the Land and Agrarian Reform Fund.
Art. 25. The following measures apply to land credit operations contracted up to March 7, 2004 under the Land and Agrarian Reform Fund, established by Complementary Law No. 93, of February 4, 1998, including operations implemented under Loan Agreement 4147-BR, approved by Federal Senate Resolution No. 67, of July 22, 1997:
I - for operations in a performing status as of June 1, 2008:
a) reduction of the interest rate, as of June 1, 2008, observing the equivalent value to the number of credit beneficiaries in each operation, to:
1. 5% (five percent) per year, in contracts with an original value, per beneficiary, above R$ 30,000.00 (thirty thousand reais) and up to R$ 40,000.00 (forty thousand reais);
2. 4% (four percent) per year, in contracts with an original value, per beneficiary, above R$ 15,000.00 (fifteen thousand reais) and up to R$ 30,000.00 (thirty thousand reais);
3. 3% (three percent) per year, in contracts with an original value, per beneficiary, up to R$ 15,000.00 (fifteen thousand reais);
b) granting of a compliance bonus on the value of installments paid up to the due date, as of June 1, 2008, limited to R$ 1,000.00 (one thousand reais) per beneficiary each year, in substitution of the bonus on the agreed interest rate, under the following conditions:
1. Municipalities of the northeastern semi-arid region and the area covered by Sudene in the States of Minas Gerais and Espírito Santo: 40% (forty percent);
2. other Municipalities of the Northeast Region:
30% (thirty
percent);
3. States of the North, Central-West and Southeast Regions, except São Paulo and the areas of Minas Gerais and Espírito Santo referred to in item 1 of this subparagraph: 18% (eighteen percent);
4. States of the South Region and São Paulo: 15% (fifteen percent);
II - for operations in a situation of default on 31 December 2007:
a) permission for the amortization of the installments due up to the final date of the renegotiation, with the granting of the payment bonuses established in subparagraph b of item I of the
caput
of this article, considering the outstanding balance determined under the conditions defined in subparagraphs b and c of this item;
b) for renegotiation, by means of a contractual amendment, application of normal charges up to the contractual due date of each overdue installment, including the contractual bonuses on the interest rates;
c) application of normal charges, without the payment bonuses on the interest rates, from the contractual due date of each installment and up to the date of the renegotiation;
d) minimum amortization of 1% (one percent) of the overdue outstanding balance adjusted as provided in subparagraphs b and c of this item, up to the date of the renegotiation;
e) distribution, among the installments falling due as from 2009, of the adjusted overdue principal balance, less the amount amortized;
f) application of the conditions established in item I of the
caput
of this article to the operations that are brought into compliance within the period provided for renegotiation;
III - for operations in default between 1 January and 31 May 2008:
a) the 2008 installment shall be settled by the final renegotiation date, and the outstanding balance shall be adjusted under the conditions established in subparagraphs b and c of item II of the
caput
of this article, with the granting of the respective payment bonus referred to in subparagraph b of item I of the
caput
of this article;
b) after the payment referred to in subparagraph a of this item, the conditions established in item I of the
caput
of this article shall be applied to the operations.
§ 1 For borrowers who made the payment of the 2008 installment between 1 January and 31 May of this year, the amount of the respective payment bonus on the installment, considered at nominal value on the date of settlement, shall be amortized from the outstanding balance of the operation.
§ 2 The repayment schedules with an installment maturity frequency of less than 1 (one) year may be replaced by those of annual installments, by means of the formalization of an amendment to the credit instrument, for borrowers who are in compliance or who come to be so under the conditions established in this article.
§ 3 The charges arising from the difference between the charges originally agreed and those established in this article, as well as from the payment bonuses, shall be the responsibility of the Land and Agrarian Reform Fund.
Art. 26. The individualization of the financing agreements entered into by the beneficiaries of the Land and Agrarian Reform Fund, established by Complementary Law No. 93 of 4 February 1998, is hereby authorized, from their origin until 31 December 2004.
Art. 26. The individualization of the financing agreements entered into by the beneficiaries of the Land and Agrarian Reform Fund - Banco da Terra, established by Complementary Law No. 93 of 4 February 1998, and of the Cédula da Terra Program, established under Loan Agreement 4147-BR, approved by Federal Senate Resolution No. 67 of 22 July 1997, is hereby authorized, from their origin until 30 June 2011.
(Text as amended by Law No. 12.599 of 2012)
§ 1 The individualization of the operations shall be conditioned upon the adherence of all beneficiaries of each enterprise, and partial regularization of the financed property is prohibited.
§ 1 The individualization of the operations shall be conditioned upon the decision of the majority and shall bind all beneficiaries of each association, and partial regularization of the financed property is prohibited.
(Text as amended by Law No. 13.864 of 2019)
§ 2 The costs arising from the individualization process may be included in the respective financing agreements, up to the limit of 5% (five percent) of the total value of the individualized operation, even if they exceed the financing ceiling of the program.
§ 2 The costs arising from the individualization process may be included in the respective financing agreements, up to the limit of 15% (fifteen percent) of the total value of the individualized operation, even if they exceed the financing ceiling of the program.
(Text as amended by Law No. 12.599 of 2012)
§ 3 In the individualization process, the rural property already financed shall remain as real security for the financing, excluding the collective personal guarantee.
§ 4 The real security of the rural property shall be divided into parcels, ensuring the technical viability of the enterprise, the legal reserves and permanent preservation areas, as well as their registration in the respective Real Estate Registry Office, including the mortgage encumbrance in the name of the Land and Agrarian Reform Fund.
§ 5 The expense elements that make up the costs arising from the individualization process, observing the provisions of § 2 of this article, as well as the procedures for the regularization of the enterprises and other regulations necessary for the full application of the provisions of this article, shall be regulated by the Ministry of Agrarian Development.
§ 6 The CMN shall establish the deadline for adherence to the individualization process referred to in this article.
Art. 27. Arts. 2 and 15-B of Law No. 11.322 of 13 July 2006 shall come into force with the following wording:
"Art. 2 ................................................................................................................................
I - in the costing and investment financings granted until 31 December 1997, with resources from the Northeast Constitutional Financing Fund - FNE, from the Worker Assistance Fund - FAT, in the case of operations classified as Proger Rural or equalized by the National Treasury, in the total originally contracted amount of up to R$ 15,000.00 (fifteen thousand reais), which were not renegotiated based on
Law no. 9,138, of 29 November 1995:
.............................................................................................................................................
§ 4
The conditions set forth in item I of the caput of this article apply to borrowers who have renegotiated their debts based on Resolution no. 2,765, of 10 August 2000, of the National Monetary Council, including its respective amendments, and the benefits provided for in this Law shall not be cumulative with those previously renegotiated.
§ 5 ..............................................................................................................................
.............................................................................................................................................
II - the portion of the outstanding balance determined on the date of renegotiation that concerns the original credit exceeding the limit of R$ 15,000.00 (fifteen thousand reais), in the semi-arid region, including the North of Espírito Santo, and in the Municipalities of the North of Minas Gerais, the Jequitinhonha Valley and the Mucuri Valley, comprised within the area of operation of the Northeast Development Superintendency - SUDENE, may be extended for a period of 10 (ten) years, with the first installment due on 31 October 2008, observing the following:
.................................................…………………………………………...........................” (NR)
“Art. 15-B. .......................................................……………………....................................
§ 1
The granting of a rebate of up to 50% (fifty percent) of the outstanding balance of the operations is authorized, for their full settlement by 2010.
§ 2 The burden of the rebate established in § 1 of this article shall be assumed by the Ministry of Social Development and Fight against Hunger, within the scope of its availabilities for execution of the Food Acquisition Program.
§ 3 The Managing Group of the Food Acquisition Program, established in the form of § 3 of art. 19 of Law no. 10,696, of 2 July 2003, is authorized to define the other conditions for the effectiveness of the provisions of this article, including the form for granting the rebate established in § 1 of this article.” (NR)
Art. 28. The bonuses for timely payment of the aforementioned paragraph apply to the financings dealt with in item II of § 5 of art. 2 of Law no. 11,322, of 13 July 2006, made with exclusive resources of the FNE and with an original amount between R$ 15,000.00 (fifteen thousand reais) and R$ 35,000.00 (thirty-five thousand reais).
Art. 29. The renegotiation of debts from rural credit operations for costing or investment contracted or renegotiated in the period from 1 December 1998 to 31 December 2007, in a situation of default on 30 April 2008, backed by resources of the FNO, FNE or FCO, whose renegotiation has not been dealt with in a specific article of this Law, is permitted, observing the following conditions:
I - the overdue outstanding balance shall be adjusted, removing the charges for default and applying normal charges until the contractual due date of each overdue installment and normal charges plus 2% (two percent) per year,
pro rata die, from the contractual due date of each installment until the date of renegotiation;
II - a minimum amortization of 2% (two percent) of the overdue outstanding balance shall be required, adjusted until the date of renegotiation under the conditions of item I of the
caput
of this article, and the remaining amount shall be extended for up to 4 (four) years, counted from the due date of the last agreed installment, respecting the limit of 1 (one) additional year for each annual installment due and unpaid;
III - if there are no installments falling due, the additional period dealt with in item II of the
caput
of this article shall be considered from the date of renegotiation.
Sole paragraph. The rural producer who renegotiates his debt relating to an investment operation, under the conditions established in this article, shall be prevented, until he fully settles that debt, from contracting new investment financing, with controlled resources of rural credit or of the Constitutional Financing Funds, throughout the SNCR, except when that financing is intended for irrigation, drainage, soil protection or recovery or of degraded areas, afforestation or reforestation works, and in the other cases he shall present a declaration that he does not maintain an extended debt under the aforementioned impeditive conditions with the SNCR.
Sole paragraph. The rural producer who renegotiates his debt relating to an investment operation, under the conditions established in this article, shall be prevented, until he fully settles that debt, from contracting new investment financing, with controlled resources of rural credit or of the Constitutional Financing Funds, throughout the SNCR, except when that financing is intended for irrigation, drainage, soil protection or recovery or of degraded areas, fruit growing, shrimp farming, afforestation or reforestation works, and in the other cases he shall present a declaration that he does not maintain an extended debt under the aforementioned impeditive conditions, with the SNCR. (Wording given by Law no. 11,922, of 2009)
Sole paragraph. The rural producer who renegotiates his debt related to an investment operation, under the conditions established in this article, shall be prevented, until he fully amortizes the installments - principal portions plus interest - scheduled for the year following the year in which the renegotiation is carried out, from contracting new rural investment financing with controlled resources of rural credit or of the Constitutional Financing Funds, throughout the National Rural Credit System - SNCR, except when such financing is intended for irrigation, drainage, soil or degraded area protection or recovery works, fruit growing, shrimp farming, afforestation or reforestation, and in the other cases he must present a declaration that he does not maintain an extended debt under the aforementioned impeditive conditions with the SNCR. (Wording given by Law No. 12,380, 2011)
Art. 30. In cases of proven inability of the borrower to pay, authorization is granted for the renegotiation of rural credit investment operations backed by FNO, FNE or FCO resources that were in a current status on 30 April 2008 and that had been contracted or renegotiated by 31 December 2007, whose renegotiation has not been addressed in a specific article of this Law, subject to the following conditions:
I - payment of at least 40% (forty percent) of the amount of the 2008 installment shall be required;
II - the total updated outstanding balance, on the date of renegotiation, may be distributed over up to 3 (three) additional annual installments, to be added to the payment schedule.
§ 1 The inability to pay referred to in the
caput of this article must have been caused by:
I - difficulty in marketing the products;
II - crop failure due to adverse factors; or
III - eventual occurrences harmful to the development of the operations.
§ 2 The renegotiation dealt with in this article is limited to 30% (thirty percent) of the number of investment operations, in each financial institution, in a current status and carried out with resources from the sources referred to in the
caput of this article, and priority shall be given to producers with greater difficulty in making full payment of the installments within the established deadlines.
§ 3 The rural producer who renegotiates his debt related to an investment operation, under the conditions established in this article, shall be prevented, until he fully settles that debt, from contracting new investment financing, with controlled resources of rural credit or of the Constitutional Financing Funds, throughout the SNCR, except when such financing is intended for irrigation, drainage, soil or degraded area protection or recovery works, afforestation or reforestation, and in the other cases he must present a declaration that he does not maintain an extended debt under the aforementioned impeditive conditions with the SNCR.
§ 3 The rural producer who renegotiates his debt related to an investment operation, under the conditions established in this article, shall be prevented, until he fully settles that debt, from contracting new investment financing, with controlled resources of rural credit or of the Constitutional Financing Funds, throughout the SNCR, except when such financing is intended for irrigation, drainage, soil or degraded area protection or recovery works, fruit growing, shrimp farming, afforestation or reforestation, and in the other cases he must present a declaration that he does not maintain an extended debt under the aforementioned impeditive conditions, with the SNCR. (Wording given by Law No. 11,922, of 2009)
§ 3 The rural producer who renegotiates his debt related to an investment operation, under the conditions established in this article, shall be prevented, until he fully amortizes the installments - principal portions plus interest - scheduled for the year following the year in which the renegotiation is carried out, from contracting new rural investment financing with controlled resources of rural credit or of the Constitutional Financing Funds, throughout the National Rural Credit System - SNCR, except when such financing is intended for irrigation, drainage, soil or degraded area protection or recovery works, fruit growing, shrimp farming, afforestation or reforestation, and in the other cases he must present a declaration that he does not maintain an extended debt under the aforementioned impeditive conditions with the SNCR. (Wording given by Law No. 12,380, 2011)
§ 4 In the Municipalities where a state of emergency or public calamity was decreed after 1 July 2007, recognized by the Federal Government, whose triggering events have negatively affected agricultural and livestock production of the 2007/2008 crop year, the limitation for renegotiations dealt with in § 1 of this article does not apply, and the minimum payment in 2008 established in item I of the caput of this article is waived.
Art. 31. The reclassification to the exclusive scope of the FNE of rural credit operations contracted with mixed resources of the FNE with other sources is permitted, subject to the following conditions:
I - the outstanding balance of the operation reclassified to the FNE shall be considered as a new rural credit operation;
II - the new operation dealt with in item I of the caput of this article shall be under the exclusive and full risk of the financial agent of the FNE;
III - the outstanding balance of the operation with mixed resources shall be updated under the conditions defined between the financial agent and the respective borrower;
IV - the reclassified operations shall have the financial charges of the FNE, defined according to the classification and location of the producer, as of the date of reclassification;
V - the conditions established in arts. 29 and 30 of this Law for the renegotiation of debts apply to the reclassified operations.
§ 1 The operations renegotiated based on § 3 of art. 5 of Law No. 9.138, of 29 November 1995, or renegotiated under the terms of Law No. 10.437, of 25 April 2002, or even classified under § 6 of art. 5 of Law No. 9.138, of 29 November
of 1995, and in Resolution No. 2.471, of 26 February 1998, of the CMN, which meet the conditions established in this article and are reclassified to the FNE may be renegotiated in the form of arts. 2, 1 and 3 of this Law, respectively.
§ 2 The financial manager of the FNE is authorized to contract, until 30 December 2008, a new credit operation for the settlement of debts arising from rural credit operations, contracted within the scope of the Japanese-Brazilian Cooperation Program for the Development of the Cerrados - PRODECER - Phase III, observing that:
§ 2 The financial manager of the FNE is authorized to contract, until 30 June 2009, a new credit operation for the settlement of debts arising from rural credit operations, contracted within the scope of the Japanese-Brazilian Cooperation Program for the Development of the Cerrados – PRODECER – Phase III, observing that: (Redaction given by Law No. 11.922, of 2009)
§ 2 The financial manager of the FNE is authorized to contract, until 30 December 2009, a new credit operation for the settlement of debts arising from rural credit operations, contracted within the scope of the Japanese-Brazilian Cooperation Program for the Development of the Cerrados - Prodecer - Phase III, observing that:
(Redaction given by Law No. 12.058, of 2009)
§ 2 The financial manager of the FNE is authorized to contract, until 30 June 2011, a new credit operation for the settlement of debts arising from rural credit operations, contracted within the scope of the Japanese-Brazilian Cooperation Program for the Development of the Cerrados - PRODECER - Phase III, observing that:
(Redaction given by Law No. 12.380, 2011)
I - the overdue debt balance shall be adjusted, removing charges for default and applying normal charges until the contractual maturity date of each overdue installment and normal charges plus 2% (two percent) per year,
pro rata die, from the contractual maturity date of each installment until the date of contracting the new operation;
II - a minimum amortization of 2% (two percent) of the adjusted overdue balance shall be required, in the form of item I of this paragraph;
III - the new operation shall be contracted through the formalization of a new credit instrument, under the following conditions:
a) credit limit: total remaining debt balance, after the adjustment of the overdue balance and the minimum amortization of 2% (two percent);
b) source of funds: FNE;
c) risk: same risk position as the original contract;
d) financial charges and terms: those in force for rural credit operations from this source;
e) guarantees: the usual ones for rural credit, keeping as collateral the properties that have been subject to financing.
§ 3 On the debt balance of the operations dealt with in this article, from the date of reclassification, the financial agent shall be entitled to
del credere to be defined in a joint ordinance of the Ministries of Finance and National Integration, depending on the specificity of the renegotiated operation, without losing sight of the limit provided in item II of § 4 of art. 9-A of Law No. 7.827, of 27 September 1989.
§ 3 The reclassification to the scope of the FNE and FNO of rural credit operations contracted until 30 June 2006 with FAT resources by the financial agents managing these Constitutional Funds is admitted, observing the following conditions: (Redaction given by Law No. 11.922, of 2009)
I – the balance of the operations reclassified to the Funds shall be considered as a new rural credit operation; (Included by Law No. 11.922, of 2009)
II – the new operation dealt with in item I of this paragraph shall be under the exclusive and full risk of the financial agent managing the respective Fund; (Included by Law No. 11.922, of 2009)
III – the debt balance of the new operation shall be updated under the conditions defined between the financial agent and the respective borrower; (Included by Law No. 11.922, of 2009)
IV – the reclassified operations shall have the financial charges in force for rural credit operations of the Constitutional Funds defined according to the classification and location of the producer, from the date of reclassification; (Included by Law No. 11.922, of 2009)
V – the reclassification dealt with in this paragraph is limited to R$ 200,000.00 (two hundred thousand reais) per borrower and to R$ 150,000,000.00 (one hundred and fifty million reais) for the FNE and R$ 50,000,000.00 (fifty million reais) for the FNO; (Included by Law No. 11.922, of 2009)
VI – the conditions established in arts. 29 and 30 of this Law for the renegotiation of debts apply to the reclassified operations; (Included by Law No. 11.922, of 2009)
VII – in the case of associations, condominiums and cooperatives, the following shall be observed: (Included by Law No. 11.922, of 2009)
a) operations that have subsidiary certificates shall be classified under the general rule; (Included by Law No. 11.922, of 2009)
b) operations without identification of the final borrower shall be classified observing, for each association or cooperative, the value obtained by multiplying the average refinanceable value of R$ 200,000.00 (two hundred thousand reais) by the number of active members of the respective unit; and (Included by Law No. 11.922, of 2009)
c) in condominiums and partnerships between rural producers and rural companies, a maximum limit of R$ 200,000.00 (two hundred thousand reais) shall be adopted for each participant, except spouses, identified by their respective CPF or CGC. (Included by Law No. 11.922, of 2009)
§ 4 On the debt balance of the operations dealt with in this article, from the date of reclassification, the financial agent shall be entitled to
del credere to be defined in a joint ordinance of the Ministries of Finance and National Integration, according to the specificity of the renegotiated operation, without losing sight of the limit provided for in item II of § 4 of art. 9-A of Law no. 7.827, of 27 September 1989. (Included by Law no. 11.922, of 2009)
Art. 32. If the borrower, on the date of the renegotiation, fully settles the debt under the conditions established in this Law, according to the classification of the operation, the financial agents may waive the formalization of the contracts or amendments referring to the debt renegotiation, keeping the records of the respective discounts, rebates and bonuses of the operation in their systems for inspection and control purposes.
Art. 33. The financial agents operating the Constitutional Financing Funds are authorized to suspend collections or request the suspension of judicial executions until the end of the deadlines provided for the conclusion of the renegotiation process for borrowers whose rural credit debts fall under the provisions of this Law and who formally express their interest to the creditor financial institution by 30 September 2008.
Art. 33. The financial agents operating the Constitutional Financing Funds are authorized to suspend collections or request the suspension of judicial executions until the end of the deadlines provided for the conclusion of the renegotiation process for borrowers whose rural credit debts fall under the provisions of this Law and who formally expressed their interest to the creditor financial institution by 12 December 2008. (Wording given by Law no. 11.922, of 2009)
§ 1 If the debt of the requesting borrower is classified, the financial institution shall be authorized to suspend the collection or request the suspension of the judicial execution of the debt, provided that the borrower waives all actions that they may have brought against the financial institution to discuss the debt to be extended or settled.
§ 2 The limitation period for the rural credit debts referred to in this article is suspended from the date of publication of this Law until 30 September 2008.
§ 2 The limitation period for the rural credit debts referred to in this article is suspended until 12 December 2008. (Wording given by Law no. 11.922, of 2009)
Art. 34. Financial institutions are authorized to renegotiate the debts referred to in this Law, of individuals or legal entities with debts to the Union, whether or not registered in the Union's Active Debt.
Sole paragraph. The authorization for the renegotiation of debts referred to in the
caput of this article, as well as for the contracting of operations referred to in arts. 2, 7 and 31 of this Law, also extends to individuals and legal entities registered in the Informative Registry of Unsettled Credits of the Federal Public Sector – CADIN as a result of the provisions of item I of the
caput
of
art. 2 of Law no. 10.522, of 19 July 2002. (Included by Law no. 11.922, of 2009)
Art. 35. Rural producers who have committed credit diversion shall not benefit from the renegotiation of debts referred to in this Law.
Art. 36. Art. 49 of Law no. 8.171, of 17 January 1991, shall come into force with the following wording:
“Art. 49. ........................................................................................................................
§ 1
Beneficiaries of rural marketing credit, when necessary for the flow of agricultural production, may be processors and agro-industries that process or industrialize the product, provided that the acquisition of the raw material directly from producers or their cooperatives is proven, at a price not lower than the minimum fixed or that adopted as the basis for calculation of the financing, and subject to deliberation and regulation by the National Monetary Council.
§ 2 For the purposes of the provisions of § 1 of this article, cereal traders that cumulatively carry out the activities of cleaning, standardization, storage and commercialization of agricultural products are classified as processors.” (NR)
Art. 37. Financing under rural credit is possible, in the case of an investment project of cooperatives of rural producers, for storage units to be located in the urban perimeter of producing Municipalities, provided that they are compatible with the production capacity involved and favor transport and storage logistics, with cost savings for processing and flow to consumption regions.
Art. 38. Arts. 1 and 4 of Law no. 11.524, of 24 September 2007, shall come into force with the following wording:
“Art. 1 ...........................................................
.............................................................................................
§ 6
The deadline for contracting the operations ends on 30 December 2008.
...................................................................................” (NR)
“Art. 4 ............................................…………………….....................................................
................................................................................................................................................
§ 5
The statute of the FGF, to be approved by the Executive Branch, shall provide, including, on the moment of subscription and payment of the quotas and the remuneration of its administrator, in addition to deliberating on the financial statements to be presented by the manager.
.................................................................................................................................................
§ 10. The financial institution referred to in art. 3 of this Law shall be entitled to remuneration for the administration of the FGF, to be established in its statute.” (NR)
Art. 39. Art. 4 of Law no. 10.186, of 12 February 2001, shall come into force with the following wording:
“Art. 4 ....................................................................................................
Sole paragraph. Also eligible for financing, according to deliberation and regulation by the National Monetary Council, are the costing needs of the processing and industrialization activities referred to in the
caput of this article.” (NR)
Art. 40 . Financial agents are authorized to include, among the conventional guarantees of rural credit operations, the pledge of forest timber products subject to the financing and capable of economic exploitation, and the term of the pledge may be extended for a period sufficient to cover the term of the credit operations intended for exploitation.
Art. 41. The CMN shall establish the necessary conditions for the implementation of the provisions of arts. 1 to 40 of this Law, including with regard to setting a deadline for borrowers to request renegotiation, for the minimum amortization of the overdue balance and for the formalization of the restructuring by the financial agents.
Art. 42. Early settlement is authorized for operations with risk of the National Treasury and the Constitutional Financing Funds that have been renegotiated based on § 6 of art. 5 of Law No. 9.138, of 29 November 1995, and on Resolution No. 2.471, of 26 February 1998, of the CMN.
Sole paragraph. The conditions and methodology for the settlement referred to in the
caput of this article shall be defined by the Minister of State for Finance.
Art. 43. Art. 4 of Law No. 7.827, of 27 September 1989, shall come into force with the following wording:
“Art. 4 ............................................................................................................
§ 1
The Constitutional Financing Funds may finance economic infrastructure undertakings, including those initiated by public companies not dependent on financial transfers from the Public Authorities, considered priorities for the economy by decision of the respective deliberative council.
§ 2 In the case of producers and companies benefiting from regional or sectoral incentive funds, the granting of financing referred to in this Law is conditioned upon the regularity of their situation with the Securities Commission - CVM and the aforementioned incentive funds.
§ 3 The Constitutional Financing Funds may finance commercial and service undertakings up to the limit of 20% (twenty percent) of the resources provided, in each year, for these Funds, and differentiation of the amounts applied in the various Units of the Federation is permitted, by decision of the respective deliberative council, in the context of the approval of the annual programming of resource application, provided that the average amount applied for these purposes does not exceed the limit of 20% (twenty percent) in each Constitutional Fund.” (NR)
Art. 44. Art. 1 of Law No. 10.177, of 12 January 2001, shall come into force with the following wording:
“Art. 1 ..........................................................................................................................
...............................................................................................................................................
IV - forest operations intended for the regularization and recovery of degraded legal reserve and permanent preservation areas: 4% (four percent) per year.
................................................................................................................................................
§ 6
In the case of inclusion of a municipality in the semi-arid region after the contracting of the financing, the bonus referred to in § 5 of this article shall be increased to 25% (twenty-five percent), as from the date of effect of the said change in situation.
§ 7
In the case of deviation in the application of resources, the borrower shall lose, without prejudice to the applicable judicial measures, including those of an enforcement nature, any and all benefits, especially those relating to the compliance bonus.” (NR)
Art. 45. The substitution of the financial charges of ongoing rural and non-rural operations, contracted up to 14 January 2001 with post-fixed charges and backed by resources from the FNO, FNE or FCO, is authorized, upon request by the borrower and formalization of an amendment to the credit instrument, by the pre-fixed charges practiced for these financings, according to the size of the borrower, proceeding with the recalculation of the balance of the unpaid installments with the application of the following charges:
Art. 45. The substitution of the financial charges of ongoing rural and non-rural operations, contracted up to 14 January 2001 and backed by resources from the FNO, FNE or FCO, is authorized, upon request by the borrower and formalization of an amendment to the credit instrument, by the pre-fixed charges practiced for these financings, according to the size of the borrower, proceeding with the recalculation of the balance of the unpaid installments with the application of the following charges:
(Wording given by Law No. 12.058, of 2009)
I - for the period from 14 January 2001 to 31 December 2006, those defined in Law No. 10.177, of 12 January 2001;
II - for the period from 1 January 2007 to 31 December 2007:
a) rural operations:
1. family farmers enrolled in the National Program for Strengthening Family Agriculture - PRONAF: those defined in the legislation and regulation of that Program;
2. mini-producers, their cooperatives and associations: 5% (five percent) per year;
3. small producers, their cooperatives and associations: 7.25% (seven point twenty-five percent) per year;
4. medium producers, their cooperatives and associations: 7.25% (seven point twenty-five percent) per year; and
5. large producers, their cooperatives and associations: 9% (nine percent) per year;
b) industrial, agro-industrial and tourism operations:
1. microenterprise: 7.25% (seven point twenty-five percent) per year;
2. small business: 8.25% (eight point twenty-five percent) per year;
3. medium-sized business: 10% (ten percent) per year; and
4. large enterprise: 11.50% (eleven point five zero percent) per year;
c) commercial and service operations:
1. microenterprise: 7.25% (seven point two five percent) per year;
2. small enterprise: 8.25% (eight point two five percent) per year;
3. medium enterprise: 10% (ten percent) per year; and
4. large enterprise: 11.50% (eleven point five zero percent) per year;
III - as of 1 January 2008:
a) rural operations:
1. family farmers included in Pronaf: those defined in the legislation and regulations of that Program;
2. mini-producers, their cooperatives and associations: 5% (five percent) per year;
3. small producers, their cooperatives and associations: 6.75% (six point seven five percent) per year;
4. medium producers, their cooperatives and associations: 7.25% (seven point two five percent) per year; and
5. large producers, their cooperatives and associations: 8.50% (eight point five zero percent) per year;
b) industrial, agro-industrial and tourism operations:
1. microenterprise: 6.75% (six point seven five percent) per year;
2. small enterprise: 8.25% (eight point two five percent) per year;
3. medium enterprise: 9.50% (nine point five zero percent) per year; and
4. large enterprise: 10% (ten percent) per year; and
c) commercial and service operations:
1. microenterprise: 6.75% (six point seven five percent) per year;
2. small enterprise: 8.25% (eight point two five percent) per year;
3. medium enterprise: 9.50% (nine point five zero percent) per year; and
4. large enterprise: 10% (ten percent) per year.
§ 1 The application of the provisions of this article is admitted to operations that have already been or may come to be renegotiated under Law No. 11,322 of 13 July 2006, for the purpose of redefining the renegotiable balances.
§ 2 The compliance bonuses provided for in § 5 of art. 1 of Law No. 10,177 of 12 January 2001 shall apply to the operations, from the date of the substitution amendment, replacing all bonuses or rebates that the operations already have.
§ 3 The provisions of this article do not apply to operations renegotiated under Law No. 9,138 of 29 November 1995, Provisional Measure No. 2,168-40 of 24 August 2001, or the Bahia Cocoa Farming Recovery Program, nor to other operations that have post-fixed charges by virtue of renegotiation supported by legal or infra-legal debt renegotiation measures.
Art. 46. The renegotiation of operations contracted under the Special Credit Line FAT Integrar and reclassified to the FCO based on art. 6 of Law No. 11,718 of 20 June 2008 is authorized, under the conditions established in arts. 29 and 30 of this Law for defaulting or non-defaulting rural credit operations, respectively.
Sole paragraph. As of 2009, operations reclassified based on art. 6 of Law No. 11,718 of 20 June 2008, or renegotiated under the terms of arts. 29 or 30 of this Law, shall follow the conditions established by the Deliberative Council of the Constitutional Fund of the Center-West.
Art. 47. Art. 11 of Law No. 11,718 of 20 June 2008 shall take effect with the following wording:
(Repealed by Provisional Measure No. 1,166 of 2023)
(Repealed by Law No. 14,628 of 2023)
“Art. 11. In the acquisition of agricultural products under the Food Acquisition Program - PAA, established by art. 19 of Law No. 10,696 of 2 July 2003, the reference prices shall be assured to family farmers, associations and cooperatives free of the amounts related to the incidences of the Tax on Operations Relating to the Circulation of Goods and on the Provision of Interstate and Intermunicipal Transport and Communication Services - ICMS and the contribution of the rural producer, individual or legal entity, to the National Institute of Social Security - INSS, whose collection, when applicable, shall be made by the institution executing the Program, charged to the PAA.” (NR)
Art. 48. Arts. 1, 2, 3 and 4 of Law No. 8,427 of 27 May 1992 shall take effect with the following wording:
“Art. 1 ...........................................................................................................................
§ 1
The compliance bonuses and rebates on the outstanding balances of rural financing granted, directly or indirectly, by federal official banks and cooperative banks are also considered subsidies for financial charges.
§ 2
The payment of the subsidies dealt with in this Law is conditioned upon the presentation by the applicant of a declaration of responsibility for the accuracy of the information relating to the application of the resources, with a view to complying with the provisions of item II of § 1 of art. 63 of Law No. 4,320 of 17 March 1964.” (NR)
“Art. 2
The price equalization shall consist of a subsidy, regardless of linkage to rural credit contracts, in operations supported by the minimum price guarantee policy, dealt with in Decree-Law No. 79 of 19 December 1966, equivalent to:
I - in operations carried out with agricultural products that are part of public stocks:
a) the portion of the acquisition cost of the product that exceeds the amount obtained from its sale, observing the legislation applicable to the formation and disposal of public stocks;
b) the coverage of expenses linked to the products in stock;
II - the granting of a premium or bonus, determined by auction or another form of bidding, to promote the outflow of the product by the private sector;
III - at most, to the difference between the exercise price in put option contracts for agricultural products launched by the Executive Branch or by the private sector and the market value of those products, determined at auction or by another bidding modality;
IV - at most, to the difference between the minimum price and the sale value of extractive products produced by family farmers classified under the terms of art. 3 of Law no. 11.326, of 24 July 2006, or by their cooperatives and associations, limited to the budgetary appropriations and the criteria defined in regulation; or
V - to the percentage of the premium paid in the acquisition of a put option, alone or combined with the sale of a call option, by the private sector.
§ 1 The granting of the subsidy referred to in items II to V of the caput of this article exempts the Federal Government from the obligation to acquire the product, which must be commercialized by the private sector.
§ 2 Aiming to serve the family farmers defined in art. 3 of Law no. 11.326, of 24 July 2006, in order to take into account their regional, social and productive differences, the performance of the operations provided for in items II and III of the caput
of this article is also authorized, on a supplementary basis, specifically intended for the outflow of products of those farmers, as well as of their cooperatives and associations.” (NR)
“Art. 3
The granting of economic subsidy, in the form of price equalization, shall comply with the limits, conditions, criteria and form established jointly by the Ministries of Finance, Planning, Budget and Management, and Agriculture, Livestock and Supply, in accordance with the budgetary and financial availabilities existing for the purpose, with the participation:
I - of the Ministry of Agrarian Development, when dealing with the operations provided for in § 2 of art. 2 of this Law; and
II - of the Ministry of the Environment, when dealing with the operations provided for in item IV of the caput
and of extractive products included in § 2, both of art. 2 of this Law.” (NR)
“Art. 4 .................……………………................................................................................
§ 1
In the case where the charges collected from the final borrower of rural credit exceed the cost of raising the funds plus administrative and tax costs, the official federal financial institutions and cooperative banks shall remit to the National Treasury the amount determined, updated by the index that remunerates the raising of the funds.
§ 2 The economic subsidy referred to in the caput of this article extends to loans granted, as of 1 July 1991, by official federal financial institutions to rural producers.” (NR)
Art. 49. The Ministries of Finance and National Integration shall define, by means of a joint ordinance, the criteria for provisioning related to operations with risk of the Constitutional Financing Funds renegotiated based on this Law.
Art. 50. The Executive Branch is authorized to create, within the scope of the Ministry of Agrarian Development, an emergency action to support family farmers, with the objective of providing conditions for the recovery of their productive capacity and income, located in Municipalities where losses occur in agricultural production due to climatic phenomena, epizootics or plant diseases that are difficult to control.
§ 1 The benefit to be granted must be used for the settlement or amortization of financing contracted under Pronaf by family farmers classified under art. 3 of Law no. 11.326, of 24 July 2006, and must be limited to the value of the financing of each borrower.
§ 2 Borrowers of Pronaf financing who are covered by Proagro, Proagro Mais or another production insurance, provided that the factor generating the production loss is provided for as a cause for indemnification by said insurance, may not receive the benefits dealt with in this article.
§ 3 The Executive Branch shall regulate, for each emergency situation eligible for classification under the action referred to in the
caput of this article, the criteria for classification of the Municipalities and farmers to be benefited, the limits of the subsidy per borrower and the other operational conditions.
§ 4 The granting of the benefits dealt with in this article is limited to the budgetary and financial availabilities of the Union in the respective budgetary years.
Art. 51. Transfers from the Union to the bodies and entities of the States, Federal District and Municipalities are mandatory for the execution of civil defense actions intended to assist areas affected by a disaster that has generated the recognition of a state of public calamity or an emergency situation.
(See Law no. 12.249, of 2010)
(Repealed by Provisional Measure no. 494, of 2010)
(Repealed by Law no. 12.340, of 2010).
§ 1
It is incumbent upon the Minister of State for National Integration to assess the characterization of the calamity or emergency situation and the impossibility of the problem being resolved by the entity of the Federation, as well as to define the scope of the actions to be adopted.
(Repealed by Provisional Measure no. 494, of 2010)
(Repealed by Law no. 12.340, of 2010).
§ 2
The transfers dealt with in the
caput of this article may only be carried out within a period of up to 180 (one hundred and eighty) days counted from the assessment referred to in § 1 of this article.
(Repealed by Provisional Measure no. 494, of 2010)
(Repealed by Law no. 12.340, of 2010).
§ 3
The provisions of arts. 3 to 7 of Law no. 11.578, of 26 November 2007, apply to the transfers dealt with in the
caput of this article.
(Repealed by Provisional Measure no. 494, of 2010)
(Repealed by Law no. 12.340, of 2010).
Art. 52. Arts. 1, 6, 8 and 11 of Law no. 10.420, of 10 April 2002, shall come into force with the following wording:
“Art. 1
The Guarantee-Harvest Fund is created, of a financial nature, linked to the Ministry of Agrarian Development, and the Guarantee-Harvest Benefit is instituted, with the objective of guaranteeing minimum survival conditions for family farmers in Municipalities systematically subject to harvest loss due to the phenomenon of drought or excess water, located in the area of operation of the Northeast Development Superintendence - SUDENE, defined by Complementary Law No. 125, of 3 January 2007.
................................................................................................................................................
§ 2 o
The Guarantee-Harvest Benefit may only be paid to family farmers residing in Municipalities in which harvest loss has been verified under the terms of art. 8 o of this Law.
§ 3 o To beneficiaries who join the Guarantee-Harvest Fund, only one benefit per harvest-year shall be paid, regardless of whether they have suffered harvest loss due to drought or excess water.” (NR)
“Art. 6th ..........................................................................................................................
§ 1 o
In the event of crop failure due to drought or excess water, without sufficient resources in the Guarantee-Harvest Fund, the Union shall advance the necessary resources for the payment of benefits, limited to its budgetary availabilities, observing the maximum amount set per benefit and due proof, under the terms of arts. 8 o and 9 o of this Law.
.............................................................................................................................” (NR)
“ Art. 8 o
Family farmers who, having joined the Guarantee-Harvest Fund, suffer loss due to drought or excess water, proven in the form of the regulation, of at least 50% (fifty percent) of the production of beans, corn, rice, cassava or cotton, shall be entitled to the Guarantee-Harvest Benefit, without prejudice to the provisions of § 3 o of this article.
........................................................................................................................................
§ 2º The granting of the benefit referred to in this article to farmers who participate in similar income transfer programs, which rely on resources from the Union, intended for farmers due to the events provided for in art. 1 o of this Law, is prohibited.
........................................................................................................................................
§ 4 o
The retroactive payment of the Guarantee-Harvest benefit to family farmers who joined the Guarantee-Harvest Fund and suffered harvest loss due to excess water under the terms of the caput of this article is authorized, exceptionally for the 2007/2008 harvest.” (NR)
“Art. 11. .........................................................................................................................
§ 1 o
The amount of the annual contribution to be disbursed by the States and Municipalities shall be collected, in equal monthly installments, to the financial institution referred to in art. 7 o of this Law, as provided in the regulation.
..............................................................................................................................” (NR)
Art. 53. The manager of Funcafé is authorized to finance the settlement of coffee debts linked to the Rural Product Certificate - CPR, physical or financial, with contractual maturity scheduled until 31 December 2007, including those with maturity until 2007 substituted for maturity in 2008, issued by rural producers or their cooperatives, observing the following conditions:
Art. 53. The manager of Funcafé is authorized to finance the settlement of coffee debts linked to the Rural Product Certificate - CPR, physical or financial, with contractual maturity scheduled until 31 December 2007, including those with maturity until 2007 substituted for maturity in 2008 or 2009, issued by rural producers or their cooperatives, observing the following conditions:
(Amended by Law No. 12.058, of 2009)
I - repayment term: up to 4 (four) years, and the first installment may have maturity scheduled until 31 October 2009;
II - financial charges: 7.5% (seven point five percent) per year;
II - financial charges: (Redação dada pela Lei nº 12.058, de 2009)
a) until 30 September 2009: effective interest rate of 7.5% p.a. (seven point five percent per year); and (Incluído pela Lei nº 12.058, de 2009)
b) from 1 o October 2009: effective interest rate of 6.75% p.a. (six point seventy-five percent per year);
(Included by Law No. 12.058, of 2009)
III - risk of the operation: full by the financial agents;
IV -
bank spread: up to 4.5% (four point five percent) per year;
V - total resources: up to R$ 300,000,000.00 (three hundred million reais).
§ 1 o It shall be incumbent upon the CMN to regulate the provisions of this article and the deadlines for contracting the operation, which may not be less than 90 (ninety) days after publication of the regulation of this Law.
§ 2 o For the purposes of this article, the contracting of a pledge of the 2008/2009 to 2010/2011 harvests is authorized.
Art. 54. Art. 5 o of Decree-Law No. 79, of 19 December 1966, shall come into force with the following wording:
“ Art. 5 o
The basic minimum prices shall be defined by the National Monetary Council - CMN, taking into account the various factors influencing domestic and external market quotations, and production costs, based on a proposal forwarded to the Ministry of Finance by the Ministry of Agriculture, Livestock and Supply - MAPA.
§ 1 The minimum prices defined by the CMN shall be published by means of a Mapa ordinance, at least 60 (sixty) days in advance of the beginning of the planting seasons and 30 (thirty) days in advance of the beginning of the most abundant livestock or extractive production in the various regions, in accordance with the indications of the competent bodies.
§ 2 The ordinances may also establish, with respect to certain products, that the guarantees provided for in this Decree-Law shall last for more than 1 (one) year or crop season, when this is in the interest of agricultural stability and normal supply.” (NR)
Art. 55. Art. 3 of Law No. 10,978 of December 7, 2004, shall come into force with the following wording:
“Art. 3 ...........................................................................................................................
§ 1
The gains arising from the decrease in the TJLP, set by the National Monetary Council at the time the conditions of the program are established, and calculated as from the 3rd (third) year of the operation, shall be transferred by BNDES to the National Treasury Secretariat, updated by the TJLP.
§ 2 The expenses arising from the provisions of the caput of this article shall be charged to specific budgetary appropriations, allocated in the General Budget of the Union, observing the limits of movement and commitment and payment of the annual budgetary and financial programming.
§ 3 The provisions of the caput of this article extend to financing contracted as from July 1, 2004.” (NR)
Art. 56. The Executive Branch is authorized to define conditions for the renegotiation or settlement of rural credit operations contracted with resources from the Northern Constitutional Financing Fund - FNO, under the Support Program for the Development of Plant Extraction - PRODEX, the Support Program for Organized Small Family Production - PRORURAL or the FNO-Special.
Sole paragraph. For the renegotiation or settlement of the operations dealt with in the
caput of this article, compliance bonuses or discounts may be granted, which shall be borne by the FNO.
Art. 57. The Union is authorized to create a credit line of up to R$ 8,000,000.00 (eight million reais), with resources from Official Credit Operations, under the coordination of the Ministry of Finance, to refinance debts originating from rural credit contracted through singular or central credit cooperatives within the scope of Pronaf, even if the operation has been settled by the financial agent, by debiting the amount of the debt to the account of the respective cooperative, under the following conditions:
I - the updated outstanding balance may be renegotiated for up to 3 (three) years, and the first installment may fall due by 2009;
II - application, as from the date of the extension, of the interest rates practiced in the 2007/2008 crop season for the respective Pronaf groups;
III - risk of the operation: exclusive to the financial agent.
§ 1 Only the following may be included in the refinancing dealt with in the
caput
the rural costing credit operations contracted under Pronaf for groups C and D in the 2002/2003, 2003/2004, 2004/2005 or 2005/2006 crop seasons.
§ 2 In order to access the credit line dealt with in the
caput of this article for their members, the credit cooperatives shall update the outstanding balances of the operations from the date of maturity of the installments until the date of granting of the new credit operation, by the compliance charges provided for in the original contracts, plus up to 2 (two) percentage points per year.
§ 3 Any differences calculated as a result of the application of the provisions of § 2 of this article constitute exclusive charges of the respective cooperatives.
§ 4 The resources shall be released upon the signing of the assumption of the debt by the borrower and with the guarantee of the respective cooperatives.
§ 4 The resources shall be released for the operations dealt with in this article: (Wording given by Law No. 12,058 of 2009)
I - upon the signing of the assumption of the debt by the borrower, with the guarantee of the cooperative, in cases of renegotiation of the operation; (Included by Law No. 12,058 of 2009)
II - upon a list of the operations delivered by the cooperative, with the respective information for each of the operations, in cases of settlement of the operation at the time of renegotiation in 2009.
(Included by Law No. 12,058 of 2009)
§ 5 The credit operations carried out based on this article, provided they refer to the 2003/2004, 2004/2005 and 2005/2006 crop seasons, may be settled with the discounts provided for the respective groups and contracting crop seasons established in § 1 of art. 14 of this Law.
§ 6 The charge referring to the discounts for settlement dealt with in § 5 of this article, as well as the costs of equalization of the new operations, shall be borne by the National Treasury.
§ 7 The CMN may define complementary rules for the operationalization of the provisions of this article.
Art. 58. The renegotiation of debts arising from operations intended for agricultural investment, backed by resources transferred by the Financier of Studies and Projects - FINEP, contracted up to December 31, 2001 and in judicial litigation, is authorized as follows, by agreement in the records:
I - the outstanding balance shall be consolidated by the Long-Term Interest Rate - TJLP on July 15, 2008;
II - payments shall be made quarterly, with final maturity on July 15, 2023;
III - the outstanding balance, consolidated in accordance with item I of the
caput
of this article, shall be remunerated by the Long-Term Interest Rate - TJLP.
§ 1 If the payments are made strictly on time until July 15, 2020, the payment of the installments falling due between October 15, 2020 and July 15, 2023 shall be waived.
§ 2 Failure to comply with the installment plan shall result in the loss of the benefits, with the amount of the debt returning to the conditions of the original contract, deducting the full amount referring to the installments paid.
§ 3 The debtor shall express its interest in renegotiating its debt, in the form of this article, by December 31, 2008.
§ 4 The judicial collections referred to in the
caput of this article shall be suspended and shall remain so for the renegotiated period, as per agreement in the case records.
Art. 59. The following are assured to the borrower of rural credit operations:
I - the review of guarantees;
II - the reduction of guarantees in case of excess.
Art. 59-A. The credit operations referred to in arts. 1, 2, 5, 14 and 18 of this Law, whose borrowers express formal interest in adhering to the respective renegotiation processes within the deadlines defined by the National Monetary Council, shall have the maturity dates of the installments referring to 2008, of the minimum amortization required for renegotiation and of total settlement of the outstanding balance in 2008 extended to 30 June 2009, the final date for the financial agents to conclude the processes of recalculation of the amounts owed. (Included by Law No. 11,922, of 2009)
Art. 60. Paragraph 3 of art. 2 of Law No. 8,427, of 27 May 1992, and paragraph 5 of art. 6 of Law No. 10,420, of 10 April 2002, are revoked.
Art. 61. This Law enters into force on the date of its publication.
Brasília, 17 September 2008; 187th of Independence and 120th of the Republic.
LUIZ INÁCIO LULA DA SILVA
Guido Mantega Reinhold Stephanes Gedel Veira Lima Guilherme Cassel
This text does not replace the one published in the DOU of 18.9.2008
ANNEX I
Securitization: discounts for settlement of the operation in 2008, 2009 or 2010
Outstanding balance determined
Value discount
on 31/3/2008 or on
Percentage discount to be granted after application of the
fixed, after
1/1/2009 or on
contractual bonus (in %)
discount
1/1/2010
percentage
(R$ thousand)
2008
2009
2010
(R$)
Up to 15
45
40
35
-
Over 15 up to 50
30
25
20
1.575,00
Over 50 up to 100
25
20
15
3.325,00
Over 100 up to 200
20
15
10
7.200,00
Over 200
15
10
5
15.325,00
ANNEX II
Funcafé: discounts for settlement of the operation in 2008, 2009 or 2010
Outstanding balance in
Value discount
31/3/2008 or in
Discount on the outstanding balance
fixed, after
1st/1/2009 or in
(in %)
discount
1st/1/2010
percentage
(R$ thousand)
2008
2009
2010
(R$)
Up to 10
25
22
20
-
Over 10 up to 50
20
17
15
500,00
Over 50 up to 100
15
12
10
3.000,00
Over 100 up to 500
12
9
7
6.000,00
Over 500
10
7
5
16.000,00
ANNEX III
Cocoa Crop Recovery Program - stages 1 and 2: discount for settlement of the operation in 2008
Cocoa Crop Recovery Program – stages 1 and 2: discount for settlement of the operation by 30 June 2009.
(Wording given by Law No. 11.922, of 2009)
Bahian Cocoa Crop Recovery Program - Stages 1 and 2: discount for settlement of the operation by 30 December 2009 .
(Wording given by Law No. 12.058, of 2009)
Sum of the outstanding balances
Discount
Fixed-value discount, after the
consolidated of stages 1 and 2 of the
(in %)
percentage discount
Program on 31/3/2008 (R$ thousand)
(R$)
Up to 10
80
-
Over 10 up to 50
70
1.000,00
Over 50 up to 100
55
8.500,00
Over 100 up to 500
45
18.500,00
Over 500
35
68.500,00
ANNEX III
(Text as amended by Law No. 12.249 of 2010)
Program for the Recovery of the Bahian Cocoa Crop - stages 1 and 2: discount for settlement of the operation by 30 December 2010
Program for the Recovery of the Bahian Cocoa Crop - stages 1 and 2: discount for settlement of the operation by 30 June 2011
(Text as amended by Law No. 12.380, 2011)
Sum of the consolidated outstanding balances of stages 1 and 2 of the Program as of 31/3/2008
(R$ thousand)
Discount
(in %)
Fixed-value discount, after the percentage discount
(R$)
Up to 10
80
-
Over 10 up to 50
70
1.000,00
Over 50
55
8.500,00
ANNEX IV Program for the recovery of the Cocoa Crop - stages 1 and 2: discount for renegotiation of the operation
Sum of the outstanding balances
Discount
Fixed-value discount, after the
consolidated of stages 1 and 2 of the
(in %)
percentage discount
Program as of 31/3/2008 (R$ thousand)
(R$)
Up to 10
75
-
Over 10 up to 50
65
1.000,00
Over 50 up to 100
50
8.500,00
Over 100 up to 500
35
23.500,00
Over 500
25
73.500,00
ANNEX IV
(Text as amended by Law No. 12.249 of 2010)
Program for the Recovery of the Bahian Cocoa Crop - stages 1 and 2: discount for renegotiation of the operation
Sum of the consolidated outstanding balances of stages 1 and 2 of the Program as of 31/3/2008
(R$ thousand)
Discount
(in %)
Fixed-value discount, after the percentage discount
(R$)
Up to 10
75
-
Over 10 up to 50
65
1.000,00
Over 50
50
8.500,00
ANNEX V
Cocoa Crop Recovery Program - stage 3: discount for settlement of the operation in 2008
Cocoa Crop Recovery Program – stage 3: discount for settlement of the operation by 30 June 2009.
(Text provided by Law No. 11.922 of 2009)
Bahian Cocoa Crop Recovery Program - Stage 3: discount for settlement of the operation by 30 December 2009.
(Text provided by Law No. 12.058 of 2009)
Sum of outstanding balances
Discount
Fixed-value discount, after the
consolidated balances of stage 3 of the
(in %)
percentage discount
Program as of 31/3/2008 (R$ thousand)
(R$)
Up to 10
50
-
Over 10 up to 50
45
500,00
Over 50 up to 100
40
3.000,00
Over 100 up to 500
35
8.000,00
Over 500
30
33.000,00
ANNEX V
(Text provided by Law No. 12.249 of 2010)
Bahian Cocoa Crop Recovery Program - stage 3: discount for settlement of the operation by 30 December 2010
Bahian Cocoa Crop Recovery Program - stage 3: discount for settlement of the operation by 30 June 2011
(Text provided by Law No. 12.380, 2011)
Sum of consolidated outstanding balances of stage 3 of the Program as of 31/3/2008
(R$ thousand)
Discount
(in %)
Fixed-value discount, after the percentage discount
(R$)
Up to 10
50
-
Over 10 up to 50
45
500,00
Over 50
40
3.000,00
ANNEX VI Cocoa Crop Recovery Program - stage 3: discount for renegotiation of the operation
Sum of outstanding balances
Discount
Fixed-value discount, after the
consolidated of the stage 3 of the
(in %)
percentage discount
Program on 31/3/2008 (R$ thousand)
(R$)
Up to 10
45
-
Over 10 up to 50
40
500,00
Over 50 up to 100
30
5.500,00
Over 100 up to 500
25
10.500,00
Over 500
20
35.500,00
ANNEX VI
(Wording given by Law No. 12.249, of 2010)
Program for the Recovery of the Bahian Cocoa Crop - stage 3: discount for renegotiation of the operation
Sum of the consolidated outstanding balances of stage 3 of the Program on 31/3/2008
(R$ thousand)
Discount
(in %)
Fixed-value discount, after the percentage discount
(R$)
Up to 10
45
-
Over 10 up to 50
40
500,00
Over 50
30
5.500,00
ANNEX VII
Cocoa Crop Recovery Program - stage 4: discount for settlement of the operation in 2008
Cocoa Crop Recovery Program – stage 4: discount for settlement of the operation by 30 June 2009.
(Wording given by Law No. 11.922, of 2009)
Program for the Recovery of the Bahian Cocoa Crop - Stage 4: discount for settlement of the operation by 30 December 2009.
(Wording given by Law No. 12.058, of 2009)
Sum of the outstanding balances
Discount
Fixed-value discount, after the
consolidated of the stage 4 of the
(in %)
percentage discount
Program on 31/3/2008 (R$ thousand)
(R$)
Up to 10
35
-
Over 10 up to 50
30
500,00
Above 50 up to 100
25
3.000,00
Above 100 up to 500
20
8.000,00
Above 500
15
33.000,00
ANNEX VII
(Wording given by Law No. 12.249, of 2010)
Program for the Recovery of the Bahian Cocoa Crop - stage 4: discount for settlement of the operation by 30 December 2010
Program for the Recovery of the Bahian Cocoa Crop - stage 4: discount for settlement of the operation by 30 June 2011
(Wording given by Law No. 12.380, 2011)
Sum of the consolidated outstanding balances of stage 4 of the Program on 31/3/2008
(R$ thousand)
Discount
(in %)
Fixed-value discount, after the percentage discount
(R$)
Up to 10
35
-
Above 10 up to 50
30
500,00
Above 50
25
3.000,00
ANNEX VIII Program for the recovery of the Cocoa Crop - stage 4: discount for renegotiation of the operation
Sum of the outstanding balances
Discount
Fixed-value discount, after the
consolidated of stages 4 of the
(in %)
percentage discount
Program on 31/3/2008 (R$ thousand)
(R$)
Up to 10
15
-
Above 10 up to 50
15
-
Above 50 up to 100
10
2.500,00
Above 100 up to 500
5
7.500,00
Above 500
5
7.500,00
ANNEX VIII
(Wording given by Law No. 12.249, of 2010)
Program for the recovery of the Bahian Cocoa Crop - stage 4: discount for renegotiation of the operation
Sum of the consolidated outstanding balances of stage 4 of the Program on 31/3/2008
(R$ thousand)
Discount
(in %)
Fixed-value discount, after the percentage discount
(R$)
Up to 10
15
-
Over 10 up to 50
15
-
Over 50
10
2.500,00
ANNEX IX
Rural Credit Operations registered in the Union's Active Debt: discounts for settlement in 2008
Rural Credit Operations registered in the Union's Active Debt: discounts for settlement by 30 December 2009. (Text provided by Law No. 11.922, of 2009)
Total outstanding balances
Discount
Fixed discount, after the
on the date
(in %)
percentage discount
of the renegotiation (R$ thousand)
(R$)
Up to 10
70
-
Over 10 up to 50
58
1.200,00
Over 50 up to 100
48
6.200,00
Over 100 up to 200
41
13.200,00
Over 200
38
19.200,00
ANNEX IX
(Text provided by Law No. 12.249, of 2010)
Rural Credit Operations registered in the Union's Active Debt: discounts for settlement by 30 November 2010
Rural Credit Operations registered in the Union's Active Debt: discount for settlement of the operation by 30 June 2011
(Text provided by Law No. 12.380, 2011)
Rural Credit Operations registered in the Union's Active Debt: discount for settlement of the operation by 31 August 2013 (Text provided by Law No. 12.788, 2013)
Rural Credit Operations registered in the Union's Active Debt: discount for settlement of the operation by 31 December 2015 (Text provided by Law No. 13.001, of 2014)
Sum of outstanding balances on the date of the renegotiation
(R$ thousand)
Discount
(in %)
Fixed-value discount, after the percentage discount
(R$)
Up to 10
70
-
Over 10 up to 50
58
1.200,00
Over 50 up to 100
48
6.200,00
Over 100 up to 200
41
13.200,00
Above 200
38
19.200,00
ANNEX X
Rural Credit Operations registered in the Union's Active Debt: discounts in case of renegotiation
Total outstanding balances
Discount
Fixed discount, after the
on the date
(in %)
percentage discount
of the renegotiation (R$ thousand)
(R$)*
Up to 10
65
-
Above 10 up to 50
53
1.200,00
Above 50 up to 100
43
6.200,00
Above 100 up to 200
36
13.200,00
Above 200
33
19.200,00
ANNEX XI
Pronaf Custeio operations for the 2003/2004, 2004/2005 and 2005/2006 harvests, extended: discounts for settlement in 2008
Harvest
PRONAF - Groups
Rebate on the outstanding balance of the debts
2003/2004
C or D
35%
E
20%
2004/2005
C or D
30%
E
20%
2005/2006
C or D
20%
E
15%
*
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“amends Laws No. 11,322, of 13 July 2006, 8,171, of 17 January 1991, 11,524, of 24 September 2007, 10,186, of 12 February 2001, 7,827, of 27 September 1989, 10,177, of 12 January 2001, 11,718, of 20 June 2008, 8,427, of 27 May 1992, 10,420,…”
“amends Laws No. 11,322, of 13 July 2006, 8,171, of 17 January 1991, 11,524, of 24 September 2007, 10,186, of 12 February 2001, 7,827, of 27 September 1989, 10,177, of 12 January 2001, 11,718, of 20 June 2008, 8,427, of 27 May 1992, 10,420,…”
“amends Laws No. 11,322, of 13 July 2006, 8,171, of 17 January 1991, 11,524, of 24 September 2007, 10,186, of 12 February 2001, 7,827, of 27 September 1989, 10,177, of 12 January 2001, 11,718, of 20 June 2008, 8,427, of 27 May 1992, 10,420,…”
“amends Laws No. 11,322, of 13 July 2006, 8,171, of 17 January 1991, 11,524, of 24 September 2007, 10,186, of 12 February 2001, 7,827, of 27 September 1989, 10,177, of 12 January 2001, 11,718, of 20 June 2008, 8,427, of 27 May 1992, 10,420,…”
“amends Laws No. 11,322, of 13 July 2006, 8,171, of 17 January 1991, 11,524, of 24 September 2007, 10,186, of 12 February 2001, 7,827, of 27 September 1989, 10,177, of 12 January 2001, 11,718, of 20 June 2008, 8,427, of 27 May 1992, 10,420,…”
“amends Laws No. 11,322, of 13 July 2006, 8,171, of 17 January 1991, 11,524, of 24 September 2007, 10,186, of 12 February 2001, 7,827, of 27 September 1989, 10,177, of 12 January 2001, 11,718, of 20 June 2008, 8,427, of 27 May 1992, 10,420,…”
“amends Laws No. 11,322, of 13 July 2006, 8,171, of 17 January 1991, 11,524, of 24 September 2007, 10,186, of 12 February 2001, 7,827, of 27 September 1989, 10,177, of 12 January 2001, 11,718, of 20 June 2008, 8,427, of 27 May 1992, 10,420,…”
“amends Laws No. 11,322, of 13 July 2006, 8,171, of 17 January 1991, 11,524, of 24 September 2007, 10,186, of 12 February 2001, 7,827, of 27 September 1989, 10,177, of 12 January 2001, 11,718, of 20 June 2008, 8,427, of 27 May 1992, 10,420,…”
“amends Laws No. 11,322, of 13 July 2006, 8,171, of 17 January 1991, 11,524, of 24 September 2007, 10,186, of 12 February 2001, 7,827, of 27 September 1989, 10,177, of 12 January 2001, 11,718, of 20 June 2008, 8,427, of 27 May 1992, 10,420,…”
“amends Laws No. 11,322, of 13 July 2006, 8,171, of 17 January 1991, 11,524, of 24 September 2007, 10,186, of 12 February 2001, 7,827, of 27 September 1989, 10,177, of 12 January 2001, 11,718, of 20 June 2008, 8,427, of 27 May 1992, 10,420,…”
“amends Laws No. 11,322, of 13 July 2006, 8,171, of 17 January 1991, 11,524, of 24 September 2007, 10,186, of 12 February 2001, 7,827, of 27 September 1989, 10,177, of 12 January 2001, 11,718, of 20 June 2008, 8,427, of 27 May 1992, 10,420,…”
“and of § 6 of Article 26 of Law No. 11,775, of September 17, 2008”
“...considering the provisions of ... Article 21 of Law No. 11,775 of September 17, 2008...”
“Law No. 11,775 of September 17, 2008”
“...and Articles 15, 16, 17, 21, and 41 of Law No. 11,775 of September 17, 2008...”
“...and Article 41 of Law No. 11,775, of September 17, 2008, RESOLVES: Article 1. The following deadlines are established for the implementation of the provisions of Articles 24, item II, and 25, items II and III, of Law No. 11,775, of Sept…”
“under the conditions established by Law No. 11,775 of September 17, 2008”
“Credit operations for investment of Group "C" of PronAF individualized that fall under Article 15 of Law No. 11,775, of September 17, 2008...”
“and Article 41 of Law No. 11,775 of September 17, 2008”
“Amends the deadlines for the renegotiation of rural credit operations, under Law No. 11,775 of September 17, 2008.”
“and Article 41 of Law No. 11,775, of September 17, 2008”
“under the conditions established by Law No. 11,775 of September 17, 2008”
“Regulates Articles 24, 25, and 26 of Law No. 11,775, of September 17, 2008”
“...and 41 of Law No. 11,775, of September 17, 2008,”
This document amends: Lei nº 10.186, de 12 de fevereiro de 2001 (conversão da Medida Provisória nº 2.124-18, de 2001) (Law No. 10,186 of 12 February 2001 on PRONAF financing contracts and settlement/agrarian-reform project financing), Lei nº 10.177, de 12 de janeiro de 2001 - Dispõe sobre as operações com recursos dos Fundos Constitucionais de Financiamento do Norte, do Nordeste e do Centro-Oeste, de que trata a Lei nº 7.827, de 27 de setembro de 1989, e dá outras providências (Law No. 10,177 of 12 January 2001 on operations with resources of the Constitutional Financing Funds of the North, Northeast and Centre-West), Lei nº 8.171, de 17 de janeiro de 1991 - Dispõe sobre a política agrícola (Law No. 8,171 of 17 January 1991 on Agricultural Policy)
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