Provisional measure no. 9, of 31 OCTOBER 2001 on elongation of debts originating in rural credit, of law No. 9,138 of 29 November 1995, and other matters.
The Vice-President of the REPUBLIC, the Office of the President of the Republic, using the allocation that gives the art. 62 of the Constitution, adopts the following provisional measure, with force of law: Art. 1 are hereby authorized, for the operations referred to in paragraph 5 of art. 5 of law No. 9,138, of 29 November 1995: I-extending the maturity of the benefit that would be due on 31 October 2001 to 30 November 2001, plus the contracted index of 3% per annum pro rata die;
II-minimum payment of 32 comma 5% value referred to in subsection (I) until 30 November 2001, maintained the defaulting again bonus provided for in sections I and V) (? d?, § 5 of art. 5 of law No. 9,138, 1995.
(1) For adherence to the conditions laid down in this article, the borrowers must be customers with its obligations or bring them up to 30 November 2001.
(2) the financial balance of the operations referred to in this article shall be determined by multiplying the balance due of the product units linked by their current minimum prices, discounting the interest portion of 3% year incorporated remaining parcels.
(3) on the balance due, calculated as provided for in paragraph 1 of this article, interest shall be of 3% a year, plus the change in the minimum price for a unit linked product.
§ 4 the services subsequent to the expiration as provided in subsection (I) shall be calculated in equal installments always successive, freely agreed upon months between borrowers and lenders, on the last day of each month, with maturity at least once a year, and the date of the first installment must be up to October 31 2002 and last till 31 October 2025.
§ 5 the repricing may grant exemption from the increase in variation of the minimum price laid down contractually whenever payments occur in aprazadas dates, unless the debtor to opt for payment upon delivery of the product.
§ 6 the breach of obligation, whose renegotiation predicted the exemption referred to in paragraph 5, will, on balance, the increase in variation of the minimum price laid down contractually from the publication date of this provisional measure.
§ 7 in the event of early settlement and total debt until December 31 2006, will apply, in addition to the bonus described in § 5, 10% discount on the balance due on the date of sale.
Art. 2nd is hereby authorized, for the operations contemplated in § 6 of art. 5 of law No. 9,138, 1995, repricing, ensuring, at the date of publication of this provisional measure, to borrowers who the payment of benefits until the date of its maturity, the interest portion calculated the effective rate, originally hired, up to 8%, 9%, and 10 100 a year about the main updated based on general price index variation of IGP-M Market shall not exceed the ceilings of: I-nine comma 5% year on the main, to the IGP-M price index variation, plus: II-3%, 4% and five by 100 a year, to the interest rate of 8%, 9% and ten per 100, respectively, calculated pro rata die from 31 October 2001.
§1 the ceiling referred to in paragraph I of this article does not apply to main update of debt guaranteed by certificates of liability of national treasure.
paragraph 2 shall apply the provisions of this article to borrowers with overdue, since the outstanding debts are fully settled until 30 November 2001.
§ 3 in the renegotiation of this article, the National Treasury will, upon declaration of responsibility the values attested by financial institutions, payment on the equalization between the value of the agreement for payment of interest and the value received in accordance with the caput of this article.
Art. third Is the Union authorized to dispense with the treatment set out in arts. 1 and 2 of this provisional measure to the operations of the same kind acquired under the aegis of the provisional measure nº 2,196-3, 24 August 2001.
Art. Fourth Is the Manager of the Coffee economy Defense Fund-FUNCAFÉ, established by Decree-Law No. 2,295, of 21 November 1986, authorized to grant deadlines stretching and adjust financial charges following operations according to specific provisions of the National Monetary Council: I-consolidation operations and debt rescheduling of coffee growers and cooperatives, made in 1997 , and costing operations and harvesting of the crop 1997/1998, referred to in art. 8-A of law No. 9,138, 1995;
II-the operations referred to in art. 3rd provisional measure nº 2,196-3, 2001.
Art. 5 credit operations under the program of revitalizing agricultural production cooperatives-RECOOP that treats the provisional measure no. 2,168-40, of August 24, 2001 governing contractually financial charges based on the IGP-DI plus 4% annually, is assured, from the date of publication of this provisional measure and provided that the benefits are paid until the date of its expiration upon the ceiling of nine comma 5% per year for the variation of the IGP-DI.
Art. 6 budget-financial impact arising from the application of this provisional measure, concerning operations provided for in § 6 of art. 5 of law No. 9,138, 1995, will be supported by deposits established for the Ministry of agriculture, livestock and food supply in the general budget of the Union, during the years of 2001 to 2003.
Art. 7 the National Monetary Council will establish the conditions that are necessary for the implementation of the provisions of this provisional measure, including as regards the deadline for the formal renegotiation.
Art. 8 This provisional measure shall enter into force on the date of its publication.
Brasília, October 31 2001; 180 degrees of independence and 113 of the Republic.
MARCO ANTONIO DE OLIVEIRA MACIEL MARCUS VINICIUS PRATINI PEDRO MALAN of MATHIAS RET01 ++ + RECTIFICATION-provisional measure no. 9, of 31 OCTOBER 2001 on elongation of debts originating in rural credit, of law No. 9,138, of 29 November 1995, and other matters.
(Published in the Official Gazette of November 1, 2001-1 Section)
On page 10, third column, in the signatures, read: Marco Antônio de Oliveira Maciel and Pedro Malan.