Provisional Measure No. 1,957-40, Of 21 September 2000

Original Language Title: Medida Provisória nº 1.957-40, de 21 de Setembro de 2000

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PROVISIONAL MEASURE # 1.957-40, OF September 21, 2000.

Authorizes the Union to receive in securities the dividends and interest on equity capital to be paid by entities of whose capital the National Treasury participates, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1º The Union is authorized, at the discretion of the Minister of State of the Farm:

I-receiver from public companies, mixed economy society and other entities from whose capital the National Treasury participates, albeit a minority, securities such as interest payment on equity and dividends to which it is entitled ;

II-to alienate, to BNDES Participants S.A. -BNDESPAR, the securities which it receives in the form of inciso I.

Art. 2º The arts. 1º and 3º of Law No. 9,619 of April 2, 1998, pass vigorously with the following essay:

?Art. 1º ......................................................................................................................................

...........................................................................................................................................................

§ 2º For the authorized acquisition in this Act, ELECTROBRÁS will use resources:

I-from the Global Reversion Reservation Fund, pursuant to § 4º of the art. 4º of Law No. 5,655 of May 20, 1971, as amended by Law No. 8,631 of March 4, 1993, with the essay given by Law No. 9,496 of September 11, 1997 ; and

II-coming from the alienation of minority shareholdings.? (NR)

?Art. 3º The resources that come to be obtained with the disposal of the shares acquired under the art. 1º will be deposited in the Global Reversion Reservation Fund, up to the amount of this used for the acquisition authorized by this Act.? (NR)

Art. 3º Law No. 9,619, of 1998, passes the following article in addition:

?Art. 4º-A. Should the value received by the Union, by ELECTROBRÁS or by companies of the BNDES system, in the disposal, under the National Desestatisation Program, of the shares of CEAL, be less than the updated value of the price paid in the operations of which they treat the arts. 1º and 4º of this Act, the difference shall be the responsibility of the State of Alagoas, and may be refunded by the Union within the framework of the contracts entered into the ampairing of Law No. 9,496 of September 11, 1997.

Single Paragraph. Eventual credit of ELECTROBRÁS against the Union, arising from the application of the provisions of the caput, is to be used:

I-as a priority, in the recomposition of the Global Reversion Reserve Fund, in addition to the provision in art. 3º;

II-in the form determined by art. 13 of Law No. 9,491, 1997.? (NR)

Art. 4º Stay convalidated the acts practiced on the basis of the Provisional Measure No. 1.957-39 of August 23, 2000.

Art. 5º This Provisional Measure shall come into force on the date of its publication.

Brasilia, September 21, 2000 ; 179º of Independence and 112º of the Republic.

FERNANDO HENRIQUE CARDOSO

Amaury Guilherme Bier

Alcides Lopes Tacks

Rodolpho Tourinho Grandchild

Martus Tavares