Key Benefits:
LEI No. 10,931, DE August 2, 2004
Disposal on the estate of real estate immersion, Real Estate Credit Laws, Real Estate Credit Ballot, Bank Credit Ballot, changes Decree-Law No. 1º October 1969, the Leis No. 4,591, 16 of December 1964, No 4,728, July 14, 1965, and No 10,406 of January 10, 2002, and gives other arrangements.
THE PRESIDENT OF THE REPUBLIC I do know that the National Congress decrees and I sanction the following Law:
CHAPTER I
DO SPECIAL TAXATION REGIME OF THE AFFECTATION HERITAGE
Art. 1º The special taxation regime applicable to real estate incorporations, in an optional and unretractable character while pertaining to credit claims or obligations of the incorporator together with the purchasers of the real estate that make up the real estate, shall be instituted. embedding.
Art. 2º The option by the special taxation regime of which it treats art. 1º will take effect when met the following requirements:
I-delivery of the term of option to the special taxation regime in the competent unit of the Office of the Federal Revenue Office as regulation to be established ; and
II-affectation of the terrain and the object accesses of the real estate incorporation, as willing in the arts. 31-A to 31-E of Law No. 4,591 of December 16, 1964.
Art. 3º The terrain and accessions object of the real estate incorporation subject to the special taxation regime, as well as the other goods and rights to it, shall not respond by tax debts of the incorporator relating to the Income Tax of the Legal Persons-IRPJ, to Social Contribution on Net Profit-CSLL, Contribution to Social Security Financing-COFINS and Contribution to Public Server Heritage Education And Training Programs- PIS/PASEP, except those calculated in the art form. 4º on the revenues earned within the scope of the respective incorporation.
Single Paragraph. The incorporator's estate will respond by the taxation debts of the affected incorporation.
Art. 4º For each incorporation submitted to the special taxation scheme, the incorporator will be subject to the payment equivalent to seven per cent of the monthly revenue received, which will correspond to the unified monthly payment of the following taxes and contributions:
I-Income Tax of Legal People-IRPJ ;
II-Contribution to the Social Integration and Training Programs of Public Server Heritage-PIS/PASEP;
III-Social Contribution on Net Profit-CSLL ; and
IV-Contribution for Financing of Social Security-COFINS.
§ 1º For the purposes of the caput, monthly revenue is considered to be the totality of the revenues earned by the incorporator in the sale of the real estate units that make up the incorporation, as well as financial revenues and variations monetary arising from this operation
§ 2º The payment of tributes and contributions in the form of the willing on the caput can only be compensated, by species, with the amount due by the incorporator in the same period of ascertainment, up to the limit of that amount.
§ 3º The share of tributes, paid in the form of the caput, which cannot be compensated under § 2º shall be deemed to be final, failing to generate, in any hypothesis, right to restitution or compensation, as well as to compensation with due regard for other tributes of the own or other incorporation or by the incorporator in other periods of ascertainment.
§ 4º The option by the special taxation scheme obliges the taxpayer to make the collection of the tributes, in the form of the caput, from the month of the option.
Art. 5º The unified payment of taxes and contributions made in the form of the art. 4º shall be made up to the 10th day of the month subsequent to the one in which the revenue has been earned.
Single Paragraph. For the purposes of the caput, the incorporator should use, in the Federal Revenue Collection Document-DARF, the specific number of enrollment of incorporation in the National Cadastro of Legal Persons-CNPJ and collection code own.
Art. 6º The tax credits due by the incorporator in the form of the art willing. 4º will not be able to be the object of parceling.
Art. 7º The incorporator is obliged to maintain segregated accounting for each incorporation submitted to the special taxation regime.
Art. 8º For the purposes of distribution of tax revenue and the provisions of § 2º of the art. 4º, the percent of seven percent that it treats the art caput. 4º will be considered:
I-three per cent as COFINS ;
II-zero comma sixty-five per cent as Contribution to PIS/PASEP;
III-2.2% (two comma two per cent) as IRPJ ; and
IV-1.15% (a comma fifteen per cent) as CSLL.
Art. 9º Loses effectiveness the deliberation by the continuation of the work referred to in § 1º of the art. 31-F of Law No. 4,591, 1964, as well as the effects of the affectation regime instituted by this Act, if the payment of the taxation, pension and labor obligations, linked to the respective estate of affectation, whose generator facts have occurred up to the date of the declaration of the bankruptcy, or insolvency of the incorporator, which shall be paid by the purchasers in up to one year of that deliberation, or up to the date of the concession of the compartment, if this occurs in time lower.
Art. 10. The willing on art. 76 of Provisional Measure No. 2.158-35 of August 24, 2001, does not apply to the estate of real estate incorporation assets defined by Law No. 4,591 of 1964.
Art. 11. The contributions to the PIS/PASEP and to COFINS, due by the legal persons, including by equation, of which it treats art. 31 of Law No. 8,981 of January 20, 1995 will follow the same revenue recognition scheme as provided for in the income tax legislation.
CHAPTER II
DA PROPERTY CREDIT LETTER
Art. 12. Commercial banks, the multiple banks with real estate credit portfolio, the Federal Economic Box, real estate credit corporations, savings and loan associations, mortgage companies and other institutions of institutions that, for the operations referred to in this article, they will be expressly authorized by the Central Bank of Brazil, they will be able to issue, regardless of effective tradition, Real Estate-LCI Credit Letra, backed by real estate credits secured by mortgage or by fiduciary disposal of real estate, conferring to its borrowers right of credit for the nominal value, interest and, if applicable, monetary update therein stipulated.
§ 1º The LCI will be issued in the nominative form, and may be transferable upon endorsement in black, and will contain:
I-the name of the issuing institution and the signatures of its representatives ;
II-the number of order, the location and the date of issue ;
III-the denomination "Letra of Real Credit Credit" ;
IV-the nominal value and the due date ;
V-the form, periodicity and the place of payment of the principal, interest and, if applicable, the monetary update ;
VI-the interest, fixed or floating, which may be renegotiable, at the discretion of the parties ;
VII-the identification of the collateral credits and their value ;
VIII-the name of the titular ; and
IX-clause to order, if endorsable.
§ 2º At the creditor's discretion, the issuance of the certificate may be waived, and LCI in the scriptural form shall be registered in the registration and financial settlement systems of private securities authorized by the Central Bank of Brazil.
Art. 13. LCI could be updated monthly by price index, provided that it issued with a minimum term of thirty-six months.
Single Paragraph. It is vetoed the payment of the values for the appropriate monetary update since the issuance, when the anticipated, total or partial rescue occurs, within a period of less than that set out in this article, from LCI issued with monthly update forecast per price index.
Art. 14. LCI will be able to rely on additional financial institution fidejussory.
Art. 15. LCI may be guaranteed by one or more real estate credits, but the sum of the principal LCI issued may not exceed the total value of the real estate claims in power of the issuing institution.
§ 1º LCI may not have a maturity longer than the time limit of any of the real estate credits that serve it for ballast.
§ 2º The collated real estate credit may be replaced by another credit of the same nature on the initiative of the LCI issuer, in the cases of settlement or early maturity of the credit, or by justified solicitation of the creditor of the letter.
Art. 16. The endorsement of the LCI will respond by the veracity of the title, but against it will not be admitted to regressive collection.
Art. 17. The Central Bank of Brazil will be able to set the minimum deadline and other conditions for LCI issuance and rescue, noted the provisions of the art. 13 of this Act.
CHAPTER III
DA PROPERTY CREDIT BALLOT
Art. 18. The real estate Credit Cédule-CCI to represent real estate credits is hereby established.
§ 1º The CCI shall be issued by the creditor of the real estate credit and may be integral, when it represents the entirety of the credit, or fractional, when it represents part of it, not the sum of the fractional CCI issued in relation to each credit exceeds the total value of the credit they represent.
§ 2º fractional CCI may be issued simultaneously or not, at any time before the maturity of the credit they represent.
§ 3º The CCI can be issued with or without warranty, real or fidejute, in the form of scriptural or cartular form.
§ 4º The issuance of the CCI under the scriptural form shall be by public scripture or particular instrument, and such instrument shall remain custodial in financial institution and registered in registration systems and financial settlement of private securities authorized by the Central Bank of Brazil.
§ 5º Being the real estate credit guaranteed by real law, the issuance of the CCI will be averaged in the Real Estate Registration of the estate situation, in the respective registration, and it shall contain, exclusively, the number, the series and the cost custodian.
§ 6º The averbation of the CCI issue and the registration of the respective credit guarantee, when requested simultaneously, will be considered as a single act for the collection of emoluments.
§ 7º The judicial constriction that recap on credit represented by CCI will be effected in the records of the custodian institution or upon apprehension of the respective capartula.
§ 8º The JRC creditor should be immediately subpoenaed of judicial constriction that recap on the real guarantee of real estate credit represented by that title.
§ 9º In the case of CCI issued under the scriptural form, it shall be for the custodian institution to identify the creditor, for the purpose of the subpoena provided for in § 8º.
Art. 19. The CCI should contain:
I-the denomination "Cédula of real estate credit", when issued cartularily ;
II-the name, qualification and address of the creditor and the debtor and, in the case of a scriptural issue, also that of the custodian ;
III-the identification of the property subject of real estate credit, with the indication of the respective registration in the Registration of Competent real estate and the registration of the constitution of the guarantee,
IV-the modality of the warranty, if it is the case ;
V-the number and series of the ballot ;
VI-the value of the credit it represents ;
VII-the condition of integral or fractional and, in that latter hypothesis, also the indication of the fraction it represents ;
VIII-the period, the due date, the value of the total benefit, in it included the amortization and interest plots, the fees, insurance and other contractual charges of liability of the debtor, the form of readjustment and the value of the contractually anticipated fines, with the indication of the place of payment ;
IX-the location and the date of issue ;
X-the signature of the creditor, when issued cartularily ;
XI-authentication by the Competent Real Estate Registration Officer, in the case of counting with real warranty ; and
XII-clause to order, if endorsable.
Art. 20. The CCI is an extrajudicial executive title, which is required by the value ascertained in accordance with the clauses and conditions paced in the contract which gave rise to it.
Single Paragraph. The credit represented by the CCI shall be required upon enforcement action, ressaved the hypotheses in which the law determines special, judicial or extrajudicial procedure for credit satisfaction and realisation of the warranty.
Art. 21. The issuance and trading of CCI relies on the authorization of the debtor of the real estate credit it represents.
Art. 22. The transfer of the credit represented by CCI can be made by means of registration and financial settlement systems of private securities authorized by the Central Bank of Brazil.
§ 1º The transfer of the credit represented by CCI entails automatic transmission of the respective guarantees to the transferee, sub-rogating it in all the rights represented by the ballot, staying the transferee, in the case of a contract of fiduciary alienation, invested in the fiduciary property.
§ 2º The credit cession guaranteed by real law, when represented by CCI issued in the scriptural form, is waived of averbity in the Registration of Real Estate, applying, in which this Act does not counter, the provisions of the arts. 286 and following of Law No. 10,406, of January 10, 2002-Brazilian Civil Code.
Art. 23. The CCI, the subject of securitization under Law No. 9,514 of November 20, 1997, will be identified in the respective Term of Securitization of Credits, upon indication of its value, number, series and custodian institution, dispensed with statement of the information already contained in Cédula or its registration at the custodian institution
Single Paragraph. The fiduciary regime of which it treats Section VI of Chapter I of Law No. 9,514, 1997, in the case of issuance of Certificates of Real Estate Receivable lastreed in credits represented by CCI, will be registered at the custodian institution, mentioning the separate heritage to which they are affected, not by applying the provisions of the single paragraph of art. 10 of the mentioned Law.
Art. 24. The debt rescue represented by the CCI proves to be the declaration of discharge, issued by the creditor, or, in the absence of this, by other means admitted in law.
Art. 25. It is vetoed to avert the issuance of CCI with real guarantee when there is arrest or registration of any other real burden on the respective real estate rights, including penhora or averbness of any warrant or legal action.
CHAPTER IV
DA BANK CREDIT CÉDULA
Art. 26. The Bank Credit Cédula is credit title issued, per physical or legal person, in favor of financial institution or entity to this equation, representing promise of cash payment, arising from credit operation, from any modality.
§ 1º The creditor institution must integrate the National Financial System, being admitted to the issuance of the Banking Credit Cédule in favor of institution domiciled abroad, provided that the obligation is subject exclusively to Brazilian law and venue.
§ 2º The Banking Credit Cédule in favor of institution domiciled abroad can be issued in foreign currency.
Art. 27. The Bank Credit Cédula can be issued, with or without warranty, real or fidejute, cedularly constituted.
Single Paragraph. The guarantee constituted will be specified in the Banking Credit Cédule, observed the provisions of this Chapter and, in so long as they are not conflicting with them, those of the common or special legislation applicable.
Art. 28. The Bank Credit Cédula is an extrajudicial executive title and represents debt in cash, certain, liquid and payable, whether by the sum on it indicated, whether by the debtor balance shown on calculation sheet, or in the excerpts of the current account, drawn up as provided for in § 2º.
§ 1º In the Banking Credit Cédule can be paced:
I-interest on the debt, capitalized or not, the criteria of its incidence and, if applicable, the periodicity of its capitalization, as well as the expenses and the other charges arising from the obligation ;
II-the criteria of monetary update or currency variation as permitted in law ;
III-the cases of occurrence of living and incidence of fines and contractual penalties, as well as the hypotheses of anticipated maturity of the debt ;
IV-the criteria for ascertaining and remaking, by the issuer or by third guarantor, of the expenses of debt collection and the legal, judicial or extrajudicial fees, the fees being that the fees were to be awarded extrajudicial will not be able to overcome the limit of ten percent of the total value due ;
V-when it is the case, the debt guarantee modality, its extension and the chances of substitution of such warranty ;
VI-the obligations to be fulfilled by the creditor ;
VII-the creditor's obligation to issue excerpts from the current account or debt calculation sheets, or from its debtor balance, in accordance with the criteria set out in the Banking Credit Cédule itself, observed the provisions of the § 2º; and
VIII-other conditions of granting credit, its warranties or liquidation, additional obligations of the issuer or the third guarantor of the obligation, provided that it does not conflict with the provisions of this Act.
§ 2º Whenever necessary, the ascertainment of the exact value of the obligation, or its debtor balance, represented by the Banking Credit Cédule, shall be made by the creditor, by means of calculation sheet and, when it is the case, of excerpt issued by the financial institution, in favor of which the Banking Credit Cédule was originally issued, documents that will integrate Cédula, observed that:
I-the calculated calculations shall evidenced in a clear, precise and easy-to-understand manner and understanding, the principal value of the debt, its charges and contractual expenses due, the share of interest, and the criteria of its incidence, the share of monetary or currency update, the share corresponding to fines and other contractual penalties, the collection expenses and of the legal fees due up to the date of the calculation and, finally, the total value of the debt ; and
II-The representative Banking Credit Cédule of debt arising from the bank credit opening into account will be issued by the total value of the credit put at the disposal of the issuer, competing to the creditor, in the terms of this paragraph, to discriminate in the excerpts of the current account or in the calculation sheets, which will be attached to Cédula, the parcels used of the open credit, the increases in the credit limit initially granted, the eventual depreciation of the debt and the incidence of charges in the various periods of use of open credit.
§ 3º The creditor who, in legal action, to collect the value of the credit exiting at odds with the express in the Banking Credit Cédule, is obliged to pay the debtor double the charge the higher, which can be compensated in the own action, without prejudice to liability for loss and damage.
Art. 29. The Bank Credit Cédula must contain the following essential requirements:
I-the denomination "Cédula of Banking Credit" ;
II-the issuer's promise to pay the debt in cash, certain, net and payable on its maturity or, in the case of debt arising from a bank credit opening contract, the issuer's pledge to pay the debt at money, certain, liquid and required, corresponding to the credit used ;
III-the date and place of the payment of the debt and, in the case of parcelial payment, the dates and values of each instalment, or the criteria for that determination ;
IV-the name of the creditor institution, may contain clause to the order ;
V-the date and place of its issuance ; and
VI-the subscription of the issuer and, if applicable, of the third guarantor of the obligation, or of its respective mandators.
§ 1º The Banking Credit Cédule will be transferable upon endorsement in black, to which it shall apply, in what courier, the norms of the foreign exchange law, in which case the endorsement, even if not being financial institution or entity to it equip, may exercise all rights conferred by it, including charging interest and too much charges in the paced form in Cédula.
§ 2º The Banking Credit Cédule will be issued in writing, in so many ways as to how many parties are to intervene, signed by the issuer and by the third guarantor, if any, or by their respective mandators, should each party be given a track.
§ 3º Only the route of the creditor will be negotiable, and it must in the other ways be the expression'non-negotiable'.
§ 4º The Banking Credit Cédule can be adjourned, rectified and ratified upon written document, dated, with the requirements laid down in the caput, passing on that document to integrate Cédula for all purposes.
Art. 30. The constitution of guarantee of the obligation represented by the Banking Credit Cédule is disciplined by this Act, and the provisions of the common or special legislation that are not with it conflicting shall apply.
Art. 31. The guarantee of the Banking Credit Cédule may be fidejute or real, in the latter case constituted by well-patrimonial of any kind, available and disposable, mobile or immovable, material or immaterial, present or future, fungible or infungable, consumable or not, whose entitlement belongs to the issuer itself or the third guarantor of the principal obligation.
Art. 32. The constitution of the guarantee can be made in the Banking Credit Cédule itself or in separate document, in this case by making, in Cédula, mention of such circumstance.
Art. 33. The guarantee's constitutive good must be described and individualized in such a way that it allows for its easy identification.
Single Paragraph. The description and individualization of the guarantee's constitutive good may be replaced by the remission to the document or certificate submitted by competent entity, which will integrate the Banking Credit Cédule for all purposes.
Art. 34. The guarantee of the obligation shall cover, in addition to the principal constitutive guarantee of the guarantee, all its accessories, benefits of any kind, valuations to any title, fruit and any well linked to the principal good by physical access, intellectual, industrial or natural.
§ 1º The creditor will be able to avert, in the competent body for the registration of the guarantee of the guarantee, the existence of any other good by it covered.
§ 2º Until the effective settlement of the guaranteed obligation, the goods covered by the warranty shall not, without prior written authorization of the creditor, be amended, withdrawn, displaced or destroyed, nor may they have their destination modified, except where the warranty is constituted by semovents or by vehicles, automotive or not, and the removal or displacement of such goods is inherent in the activity of the issuer of the Banking Credit Cédule, or the third provider of the warranty.
Art. 35. The constitutive goods of warranty or fiduciary disposal object may, at the discretion of the creditor, remain under the direct possession of the issuer or the third provider of the warranty, under the possessing constitution clause, case where the parties should specify the location in which the good will be kept and retained until the effective settlement of the guaranteed obligation is made.
§ 1º The issuer and, if applicable, the third provider of the guarantee shall respond in solidarity with the guard and conservation of the guarantee's well-constitutive good.
§ 2º Where the guarantee is provided by legal person, this shall indicate representatives to reply pursuant to § 1º.
Art. 36. The creditor may require the guarantee of the guarantee to be covered by insurance until the effective settlement of the guaranteed obligation, in which the creditor will be appointed as sole beneficiary of the securitarian policy and will be authorised to receive the compensation for liquidating or amortizing the guaranteed obligation.
Art. 37. If the constitutive good of the warranty is misappropriated, or if it is damaged or perished in fact attributable to the third party, the creditor sub-rogate shall be in the right to compensation due by the exproprier or the third causer of the damage, up to the amount necessary to liquidate or amortize the guaranteed obligation.
Art. 38. In the cases provided in the arts. 36 and 37 of this Act, it will provide the creditor to demand the replacement of the guarantee, or its reinforcement, renouncing the right to the perception of the value pertaining to the compensation.
Art. 39. The creditor may require the replacement or reinforcement of the warranty in the event of loss, deterioration or decrease in its value.
Single Paragraph. The creditor shall notify the issuer in writing and, if applicable, the third guarantor, to replace or strengthen the guarantee within fifteen days, under penalty of advance maturity of the guaranteed debt.
Art. 40. In the rotating credit operations, the credit limit granted will be repurchased, automatically and during the term of the Banking Credit Cédula, where the debtor, not being in arrears or defaulting, amortize or liquidate the debt.
Art. 41. The Bank Credit Cédula may be protested by indication, provided the creditor presents declaration of possession of its only negotiable route, including in the case of partial protest.
Art. 42. The validity and efficacy of the Banking Credit Cédule does not depend on registration, but the real guarantees, by it, shall be subject, to be worth against third parties, to the records or averages provided for in the applicable legislation, with the changes introduced by this Act.
Art. 43. Financial institutions, under conditions laid down by the National Monetary Council, may issue representative title of the Banking Credit Cédulas by them kept in deposit, of which they will be counted:
I-the location and the date of issue ;
II-the name and qualification of the depositor of the Banking Credit Cédulas ;
III-the denomination "Certified of Banking Credit Cédulas" ;
IV-the specification of the deposited ballots, the name of their issuers and the value, place and date of payment of credit for them incorporated ;
V-the name of the issuing institution ;
VI-the declaration that the financial institution, in the quality and with the responsibilities of custodian and mandator of the certificate holder, will promote the collection of the Banking Credit Cédulas, and that the ballots deposited, as well as the product of the collection of their principal and charges, will only be delivered to the holder of the certificate, against presentation of this ;
VII-the place of delivery of the object of the deposit ; and
VIII-the remuneration owed to the financial institution by the deposit of the subject ballots of the issue of the certificate, if it is convened.
§ 1º The financial institution responds by the origin and authenticity of the deposited Banking Credit Cédulas.
§ 2º Issued the certificate, Banking Credit Cédulas and the sums received by the financial institution for payment of the principal and charges shall not be allowed to be the object of the penal, armory, kidnapping, search and apprehension, or any other embarrassance that prevents your delivery to the certificate holder, but this may be the object of the hourly, or of any precautionary measure by obligation of its holder.
§ 3º The certificate may be issued in the form of a scriptural form, being governed, in whatever applicable, by the contained in the arts. 34 and 35 of Law No. 6,404 of December 15, 1976.
§ 4º The certificate may be transferred upon endorsement or term of transfer, if office, and in any case the transfer shall be dated and signed by its holder or authorized representative with special powers and averaged with the issuing financial institution, within the maximum period of two days.
§ 5º The expenses and charges arising from the transfer and averting of the certificate shall be borne by the endossatarium or transferee, unless otherwise convention.
Art. 44. It applies to the Banking Credit Cédules, in so far as not to counter the provisions of this Act, the foreign exchange legislation, dismissed the protest to ensure the right of collection against endorsements, its guarantors and third party guarantors.
Art. 45. Credit and receivables securities, represented in the form of the written or physical form, which have been the subject of discount, may be admitted to rediscount with the Central Bank of Brazil, by observing the lowered standards and instructions by the National Monetary Council.
§ 1º The credit securities and receivables of which it treats the caput shall be deemed to be transferred, for the purposes of rediscount, to the property of the Central Bank of Brazil, provided that they inscribed in term of electronic tradition constant of the Central Bank Information System-SISBACEN, or, yet, in the term of tradition provided for in § 1º of the art. 5º of the Decree No 21,499 of June 9, 1932, with the essay given by art. 1º of Decree No 21,928 of October 10, 1932.
§ 2º Enter-enrolled in the tradition terms referred to in § 1º credit and receivables securities in them related and described, observing the requirements, criteria and forms set out by the Council National Monetary.
§ 3º The inscription will produce the same legal effects of the endorsement, only by refining itself with the receipt, by the financial institution proponent of the discount, message of acceptance from the Central Bank of Brazil, or, no being electronic the term of tradition, after the signature of the parties.
§ 4º The credit securities and representative documents of receivables, inscribed in the tradition terms, may, at the discretion of the Central Bank of Brazil, remain in the direct possession of the financial institution beneficiary of the rebate, which will store them and retain in deposit, and must, as Commissioner del credere, proceed to their judicial or extrajudicial collection.
CHAPTER V
OF PROPERTY FINANCING CONTRACTS
Art. 46. In real estate marketing contracts, real estate financing in general and in the commercial rental of real estate, as well as in securities and securities by which they originated, with a minimum maturity of thirty-six months, it is admitted stipulation of readjustment clause, with monthly periodicity, by sectoral or general price indices or by the basic remuneration index of savings deposits.
§ 1º It is vetoed the payment of the values for the appropriate monetary update in securities and securities, when the anticipated, total or partial rescue occurs, within a time lower than that set in the caput.
§ 2º The securities and securities referred to in the caput will be cancelled by the issuer in the early rescue hypothesis where the term to be elapsed is less than thirty-six months.
§ 3º It does not apply to § 1º, in the case of discharge or early maturity of the real estate claims that lasts or have originated the issuance of the securities and securities to which the caput is referred.
Art. 47. They are void of full right any expedients which, directly or indirectly, result in effects equivalent to the reduction of the minimum time limit of which it treats the art caput. 46.
Single Paragraph. The National Monetary Council may discipline the provisions of this article.
Art. 48. It is vetoed the conclusion of contracts with salary equivalence clause or income commitment, as well as the inclusion of clauses of this species in already-established contracts, held, for the contracts concluded up to the date of entry into force of Provisional Measure No. 2,223 of September 4, 2001, the provisions previously been in force.
Art. 49. In the case of the non-payment subject, by the debtor, the tributes and the condominial fees incidents on the real estate object of the respective real estate credit, as well as of the uncontroversial monthly installments of charges set out in the respective contract and of any other charges that the law shall impose on the owner or occupant of real estate, may the judge, at the request of the creditor, determine the cassation of a preliminary measure, of a cautionary measure or of anticipation of the effects of the guardianship that it has interfered in the efficacy of clauses of the corresponding real estate credit contract or suspended charges arising from it.
Art. 50. In the legal actions that have by object obligation arising from loan, financing or real estate disposal, the author should discriminate in the initial petition, among the contractual obligations, those that it intends to controversial, quantifying the uncontroversial value, under penalty of ineptitude.
§ 1º The uncontroversial value should continue to be paid in the time and mode contracted.
§ 2º The exigability of the controversial value may be suspended upon deposit of the corresponding amount, in time and mode contracted.
§ 3º In accordance with the defendant's concordance, the author will be able to deposit that he treats § 2º of this article, with remuneration and updating under the same conditions applied to the contract:
I-in the creditor financial institution itself, official or not ; or
II-in financial institution indicated by the creditor, official or not, as long as these have paced in that direction.
§ 4º The judge may dispense with the deposit that it treats § 2º in the event of relevant reason of law and risk of irreparable harm to the author, by reasoned decision in which the legal and fatic reasons of the illegitimacy of collection in the concrete case.
§ 5º It is vetoed the liminal suspension of the requirement of the principal obligation under the claim of compensation with higher paid values, without the deposit of the full value of this.
Art. 51. Without prejudice to the provisions of the Civil Code, obligations in general may also be guaranteed, including by third parties, by the fiduciary assignment of receivables arising from real estate divestment contracts, by rights collateral receivables or acquisition arising from sale contracts or promise of sale of real estate and by fiduciary disposal of immovable stuff.
Art. 52. Once filed all documents necessary for the averbation or registration of the acts and securities referred to in this Act and Law No. 9,514 of 1997, the Registration Officer of Real Estate shall record or averse, within the time limit of fifteen days
CHAPTER VI
FINAL PROVISIONS
Changes to the Incorporation Act
Art. 53. Title II of Law No. 4,591 of December 16, 1964, passes in addition to the following Chapter and articles:
" CHAPTER I-A
DO HERITAGE OF AFFECTATION
Art. 31-A. At the discretion of the incorporator, the incorporation may be submitted to the regime of the affectation, by which the terrain and accesses object of real estate incorporation, as well as the other goods and rights to which it is linked, will remain trimmed from the estate of the incorporator and will constitute affectation heritage, intended for the achievement of the corresponding incorporation and the delivery of the real estate units to the respective purchasers.
§ 1º The estate of affection does not communicate with the other assets, rights and obligations of the general estate of the incorporator or other assets of affection by it consisting of and only accounts for debts and obligations linked to the respective incorporation
§ 2º The incorporator responds for the damage that causes the heritage of affection.
§ 3º The assets and rights integral to the estate of affection can only be the subject of real guarantee in credit operation whose product is fully intended for the achievement of the corresponding building and the delivery of the units real estate to the respective purchasers.
§ 4º In the case of assignment, full or fiduciary, of receivables arising from the commercialization of the real estate units components of incorporation, the proceeds of the assignment will also henceforth integrate the estate of affectation, observed the willing in § 6º.
§ 5º The construction quotas corresponding to accessions linked to optimal fractions will be paid by the incorporator until the responsibility for its construction has been taken over by third parties, pursuant to the final part of § 6º of the art. 35.
§ 6º The financial resources integral to the estate of affection will be used for payment or reimbursement of the expenses inherent in incorporation.
§ 7º The repayment of the land acquisition price can only be made when the disposal of the autonomous units, in proportion to their respective optimal fractions, considering themselves-only the values effectively received by the alienation.
§ 8º Delete from the heritage of affection:
I-the financial resources that exceed the importance required for the completion of the work (art. 44), considering the values to be received until its completion and, as well, the resources required to discharge funding for construction, if any ; and
II-the value regarding the disposal price of the ideal fraction of land of each unit sold, in the case of incorporation in which construction is contracted under the scheme per employed (art. 55) or by administration (art. 58).
§ 9º In the case of building sets of which it treats art. 8º, separate affection heritage sites may be constituted, as many as they are:
I-subsets of houses for which the same date of completion is planned (art. 8º, point "a") ; and
II-buildings of two or more pavements (art. 8º, point "b").
§ 10. The constitution of separate affectation heritage sites of which it treats § 9º should be declared at the incorporation memorial.
§ 11. In the incorporation object of financing, the marketing of the units should rely on the financial institution's annuity or should be the scientific one, as it comes to be established in the financing contract.
§ 12. The hiring of financing and constitution of guarantees, including upon transmission, to the creditor, of the fiduciary property on the integral real estate units of the incorporation, as well as the assignment, full or fiduciary, of rights receivables arising from the marketing of these units, do not imply the transfer to the creditor of any of the transferor's obligations or liabilities, of the builder or the builder, remaining these as sole responsibility for the obligations and the duties that are attributable to them.
Art. 31-B. The affectation patrimony is considered to be subject to averbation, at any time, in the Registration of Real Estate, of term firmed by the embedding and, when it is the case, also by the holders of actual rights of acquisition on the ground.
Single Paragraph. The aversion shall not be impeded by the existence of real burden which has been constituted on the immovable subject of incorporation for warranty of payment of the price of its acquisition or of the obligation to build the venture.
Art. 31-C. The Commission of Representatives and the financial institution of the construction will be able to appoint, at its own expense, physical or legal person to scrutinise and monitor the heritage of affectation.
§ 1º The appointment referred to in the caput does not transfer to the appointee any responsibility for the quality of the work, the term of delivery of the real estate or any other obligation arising from the responsibility of the incorporator or the builder, whether legal or from the divestment contracts of real estate units, construction and other contracts eventually linked to incorporation.
§ 2º The person who, as a result of the exercise of the supervision of which he treats the caput of this article, obtains access to the commercial, tax information and any other nature concerning the affected heritage will respond to the lack thereof of zelo, dedication and secrecy of this information.
§ 3º The person appointed by the financial institution should provide copy of their report or appear to the Commission of Representatives, at the request of the latter, not constituting that provision breach of secrecy that it treats § 2º of this article.
Art. 31-D. It is incumbent on the builder:
I-promote all acts necessary for good administration and the preservation of the heritage of affectation, including upon adoption of judicial measures ;
II-keep trimmed the subject goods and rights of each incorporation ;
III-to make the caption of the resources necessary for incorporation and to apply them in the manner provided for in this Act, taking care to preserve the resources necessary for completion of the work ;
IV-deliver to the Commission of Representatives, at the minimum every three months, demonstrative of the state of the works and its correspondence with the paced deadline or with the financial resources that integrate the heritage of affectation received in the period, signed by authorized professionals, restrained possible modifications suggested by the embedding and approved by the Commission of Representatives ;
V-maintain and move the financial resources of the affectation heritage into open deposit account specifically for such an end ;
VI-deliver to the Commission of Representatives Balance coincides with the calendar quarter, relative to each heritage of affection ;
VII-to assure the person appointed in the terms of art. 31-C free access to the work, as well as books, contracts, handling of the exclusive deposit account referred to in the inciso V of this article and any other documents relating to the heritage of affection ; and
VIII-maintain full accounting clerical writing, even though it is uncompelled by tax legislation.
Art. 31-E. The heritage of affection will extinguish it by:
I-averaging of construction, registration of domain securities or acquisition law on behalf of the respective purchasers and, where applicable, the termination of the obligations of the incorporator before the financier institution of the venture ;
II-revocation on grounds of denunciation of incorporation, after restitution to the purchasers the amounts by them paid (art. 36), or other hypotheses provided for in law ; and
III-settlement deliberated by the general assembly in the terms of art. 31-F, § 1º.
Art. 31-F. The effects of the declaration of the bankruptcy or civil insolvency of the incorporator do not attain the assets of the constituted affection, not integrating the concursal mass the terrain, the accessions and other goods, receivables, obligations and charges object of incorporation.
§ 1º In the sixty days following the declaration of the bankruptcy or civil insolvency of the incorporator, the condominion of the purchasers, by convening their Commission of Representatives or, in their absence, a sixth of the holders of ideal fractions, or, yet, by determination of the decision's prolator judge, shall hold general assembly, in which, by simple majority, it shall ratify the mandate of the Commission of Representatives or elect new members, and, at first convocation, by two thirds of the votes of the purchasers or, in second convocation, by the absolute majority of those votes, shall institute the condominium of construction, by public or private instrument, and shall deliberate on the terms of the continuation of the work or settlement of the estate of affectation (art. 43, inciso III) ; with funding for construction, the convocation may be made by the financier institution.
§ 2º The provisions of § 1º shall also apply to the stoppage of the works provided for in art. 43, inciso VI.
§ 3º On the assumption that they treat § § 1º and 2º, the Commission of Representatives will be vested with irrevocable mandate to firms with the purchasers of the autonomous units the definitive contract to which the incorporator is required, the holder of the domain and the holder of the acquisition rights of the immovable subject of incorporation in the conduct of preliminary contracts.
§ 4º The mandate referred to in § 3º shall be valid even after the work has been completed.
§ 5º The mandate given to the Commission of Representatives confers powers to transmit domain, law, possession and action, to express the responsibility of the disposal by eviction and to imitate the purchasers in possession of the respective units.
§ 6º The final contracts shall be concluded even with purchasers who have obligations to comply with the incorporator or the financial institution, provided that they are proven to be adiment, situation in which the contract outory is conditioned on the real guarantee constitution on the real estate, to ensure the payment of the remaining debit.
§ 7º Still in the hypothesis of § § 1º and 2º, the Commission of Representatives shall be vested with irrevocable mandate to, on behalf of the acquirers, and in compliance with the decision of the general assembly which deliberates by the settlement of the estate of affectation, effect the alienation of the terrain and accessions, transmitting possession, right, domain and action, manifest responsibility for eviction, imbuing future purchasers in possession of the terrain and accesses.
§ 8º In the hypothesis of § 7º, the respective contract of sale, promise of sale or other contract modality compatible with the object rights of the transmission shall be concluded.
§ 9º The Commission of Representatives shall comply with the mandate under the terms and limits set forth by the deliberation of the general assembly and shall provide accounts to the purchasers, by giving them the net proceeds of the disposal, within five days of the date on which you have received the price or each share of the price.
§ 10. The values belonging to the unlocated acquirers should be deposited in Judgment by the Commission of Representatives.
§ 11. Should they decide for the continuation of the work, the purchasers will automatically be under-rogated in the rights, obligations and charges for incorporation, including those relating to the contract of financing of the work, if any.
§ 12. For the purposes of § 11 of this article, each purchaser will respond individually by the perhaps existing balance between the proceeds of the venture and the cost of completion of the incorporation in the proportion of the building coefficients attributable to the their units, if another criterion of proration is not deliberated in general assembly by two thirds of the purchasers' votes, observed the following:
I-the price balances of optimal fractions and integral accessions of incorporation that have not been paid to the incorporator until the date of the declaration of the bankruptcy or civil insolvency will be paid to the Commission of Representatives, remaining the sum of these resources submitted to affectation, in the terms of art. 31-A, up to the limit required to complete the incorporation ;
II-in order to fulfil its administrator charge of incorporation, the Commission of Representatives shall be invested in legal tenure, in irrevocable character, for, on behalf of the incorporator or construction condo, as the case is, receive the plots of the balance of the price and give discharge, as well as promote the extrajudicial or judicial measures necessary for that receipt by practicing all acts concerning the auction of which it treats the art. 63 or the acts pertaining to the consolidation of the property and auction of which treat the arts. 26 and 27 of Law No. 9,514 of November 20, 1997, and shall carry out the guarantee and apply in the incorporation the entire product of receipt of the balance of the price and of the auction ;
III-consider revenue from the venture the values of the parcels to be received, vincendas and overdue and yet unpaid, of each purchaser, corresponding to the purchase price of the respective units or of the cost of cost of construction, as well as the available resources affected ; and
IV-comprise at the cost of completion of the incorporation all the cost of building the building and the aversion of construction of the buildings for the purpose of individualization and discrimination of the units, in the terms of art. 44.
§ 13. If there is a positive balance between the revenues of the incorporation and the cost of completion of incorporation, the value corresponding to that balance should be delivered to the mass spoken by the Commission of Representatives.
§ 14. To ensure the necessary measures to continue the works or settlement of the estate of affection, the Commission of Representatives, within sixty days from the date of realisation of the general assembly of which it treats § 1º, will promote, in public auction, with observance of the criteria established by 63, the sale of the optimal fractions and their accessions which, up to the date of the declaration of bankruptcy or insolvency have not been disposed of by the incorporator.
§ 15. In the hypothesis that it treats § 14, the harness will remain sub-rogated, in the proportion attributable to the fraction and accessions acquired, in the rights and obligations relating to the venture, including in the obligations of eventual financing, and, in addressing of the art hypothesis. 39 of this Act, in the obligations to the owner of the ground.
§ 16. From the documents to advertisement of the sale that it treats § 14 and, well, the inciso III of the art. 43, will contain the value of the unpaid accessions by the embedder (art. 35, § 6º) and the price of optimal fraction of the terrain and accessions (arts. 40 and 41).
§ 17. In the process of selling that it treats § 14, it will be ensured, successively, on equal terms with third parties:
I-the owner of the terrain, in the hypotheses in which this is a distinct person of the person of the incorporator, the preference for acquisition of accessions linked to the fraction object of the sale, to be exercised in the twenty-four hours following the designated date for the sale ; and
II-to the condominic, if not exercised the preference of which treats inciso I, or if there are no bidders, the preference for optimal fraction acquisition and accesses, provided that deliberated in general assembly, by the vote of the simple majority of the acquirers present, and exercised within forty-eight hours from the date designated for the sale.
§ 18. Carried out the sale provided for in § 14, it shall be incumbent on the Commission of Representatives, successively, in the five days following the receipt of the price:
I-pay for the labor, pension and tax obligations, linked to the respective estate of affection, observed the order of preference provided for in the legislation, in particular the provisions of the art. 186 of the National Tax Code ;
II-reimburse to purchasers the amounts they have in advance, with own resources, for payment of the obligations referred to in the inciso I ;
III-reimburse to the financial institution the amount that this has delivered for construction, unless otherwise agreed between the parties concerned ;
IV-deliver to the condo the value that this has disbursed for construction of the embedder's liability accesses (§ 6º of the art. 35 and § 5º of the art. 31-A), in the proportion of the value obtained on sale ;
V-deliver to the owner of the terrain, in the hypotheses in which this is a distinct person of the person of the incorporator, the value ascertained in the sale, in proportion to the value attributed to the optimal fraction ; and
VI-deliver to the missing mass the balance that may be remanded.
§ 19. The incorporator shall ensure to the person appointed in the terms of the art. 31-C, the access to all information necessary for verification of the amount of the obligations referred to in § 12, inciso I, of art. 31-F linked to the respective heritage of affection.
§ 20. They shall be excluded from the liability of the purchasers on the obligations relating, in a direct or indirect manner, to the income tax and the social contribution on profit, due by the legal person of the incorporator, including by equating, as well as the obligations arising from other activities of the unrelated incorporator directly with the object incorporations of affectation. " (NR)
Art. 54. Law No. 4,591 of 1964 passes vigorously with the following changes:
" Art. 32. ...............................................................
.............................................................................
§ 2º The contracts for purchase and sale, promise of sale, assignment or promise of assignment of autonomous units are irredeemable and, once registered, confer real duty objectionable to third parties, assigning right to compulsory adjudication in the face of the incorporator or to whom to succeed him, including in the later insolvency hypothesis at the end of the work.
.............................................................................? (NR)
" Art. 43. ...............................................................
.............................................................................
VII-in the event of insolvency of the incorporator which has opted for the scheme of the affectation and not being possible for the majority to proceed in construction, the general assembly may, by the vote of 2/3 (two thirds) of the acquirers, deliberate by the sale of the terrain, the accessions and other goods and integral rights of the estate of affectation, upon auction or other form that it establishes, distributing with each other, in the proportion of the resources that have proven to have docked, the of the sale, after paid the debts of the estate of affectation and deducted and handed over to the owner of the terrain the amount it couts, under the art. 40 ; failing to obtain, on sale, the reposition of the docs effected by the acquirers, readjusted in the form of the law and in accordance with the criteria of the contract concluded with the incorporator, the purchasers shall be privileged creditors by the values of the non-refunded difference, by subsidizing the personal assets of the embedder. " (NR)
" Art. 50. It shall be designated in the contract of construction or elected in general assembly a Commission of Representatives composed of three members, at least, chosen from among the purchasers, to represent them before the constructor or, in the case of art. 43, to the incorporator, in everything that is of interest to the good progress of incorporation, and in particular to third parties, to practise the acts resulting from the application of the arts. 31-A to 31-F.
.............................................................................
§ 2º The general assembly may, by an absolute majority of the votes of the acquirers, change the composition of the Commission of Representatives and repeal any of its decisions, rebutted the rights of third parties as to the effects already produced.
..............................................................................? (NR)
Amendments to Laws on Fiduciary Alienation
Art. 55. The XIV Section of Law No. 4,728 of July 14, 1965, passes vigorously with the following essay:
" XIV Section
Trust divestment in Warranty in
Scope of the Financial and Capital Market
Art. 66-B. The contract of fiduciary disposal concluded within the financial and capital market, as well as in collateral for tax and pension credits, should contain, in addition to the requirements set out in Law No. 10,406 of January 10, 2002- Civil Code, the interest rate, the penal clause, the monetary update index, if any, and the other commissions and charges.
§ 1º If the object of fiduciary property does not identify by figures, marks and signs in the contract of fiduciary disposal, it is up to the trustee owner the burden of proof, against third parties, of the identification of the assets of his domain that are in power of the debtor.
§ 2º The debtor who alienates, or detain in warranty to third parties, thing that already alienates fiducially in warranty, will be subject to the penalty provided for in art. 171, § 2º, I, of the Criminal Code.
§ 3º It is admitted to fiduciary disposal of fungible thing and the fiduciary assignment of rights on mobile matters, as well as of credit securities, hypotheses in which, unless otherwise provided, the direct and indirect possession of the object of the fiduciary property or title representation of the right or credit is attributed to the creditor, who, in the event of default or lives of the guaranteed obligation, may sell to third parties the good object of the independent tender fiduciary property, public hasta or any other judicial or extrajudicial measure, and shall apply the price of the sale in the payment of your credit and the expenses arising from the realisation of the guarantee, by handing the debtor the balance, if any, accompanied by the demonstrator of the carried out.
§ 4º With regard to the fiduciary assignment of rights on mobile things or on credit securities applies, too, the provisions of the arts. 18 a to 20 of Law No. 9,514 of November 20, 1997.
§ 5º Apply to fiduciary disposal and the fiduciary cession that it treats this Act the arts. 1,421, 1,425, 1,426, 1,435 and 1,436 of Law No 10,406 of January 10, 2002.
§ 6º It does not apply to fiduciary disposal and the fiduciary cession that it treats this Act the provisions of art. 644 of Law No. 10,406 of January 10, 2002. " (NR)
Art. 56. The Decree-Law No. 911, from 1º October 1969, passes vigorously with the following changes:
" Art. 3º .............................................................................
§ 1º Five days after executed the injunction mentioned in the caput, you will consolidate the property and full and exclusive possession of the good in the trust creditor's estate, with the competent repartitions, when it is the case, expedition new certificate of registration of property on behalf of the creditor, or third party by him indicated, free of the burden of the fiduciary property.
§ 2º Within the time limit of § 1º, the fiduciant debtor may pay the completeness of the outstanding debt, according to the values submitted by the trustee lender at the initial, hypothesis in which the good will be restituted free of the burden.
§ 3º The fiduciant debtor will present reply within fifteen days of the execution of the injunction.
§ 4º The answer may be submitted even if the debtor has used the faculty of § 2º in case he understands that there has been payment for the greater and wishes restitution.
§ 5º From the sentence it is up to appeal only in the devolving effect.
§ 6º In the sentence that decrees the improvenance of the search and seizure action, the judge will order the fiduciary lender to the payment of fine, in favor of the fiduciant debtor, equivalent to fifty per cent of the originally funded value, duly updated, in case the good has already been alienated.
§ 7º The fine mentioned in § 6º does not exclude the liability of the trustee for losses and damages.
§ 8º The search and seizure provided for in this article constitutes autonomous and independent process of any further procedure. " (NR)
" Art. 8º-A. The judicial procedure laid down in this Decree-Law applies exclusively to the hypotheses of Section XIV of Law No. 4,728 of July 14, 1965, or when the burden of the trust property has been constituted for the purposes of tax debit or previdence. " (NR)
Art. 57. Law No. 9,514 of 1997 passes vigorously with the following changes:
" Art. 5º .............................................................................
..........................................................................................
§ 2º The commercialization operations of real estate, with parcelic payment, property rental of real estate and real estate financing in general may be paced under the same conditions permitted for entities authorised to operate at the SFI. " (NR)
" Art. 8º .............................................................................
I-the identification of the debtor and the nominal value of each credit that lasts the issuance, with the individuation of the real estate to which it is linked and the indication of the Registration Card of Real Estate in which it is registered and respective registration, as well as the indication of the act by which the credit was ceded ;
.......................................................................................... " (NR)
" Art. 16 .............................................................................
.........................................................................................
§ 3º The emoluments due to the Real-estate Registration Offices for cancellation of the fiduciary regime and existing real guarantees will be charged as a single act. " (NR)
" Art. 22 ..............................................................................
Single Paragraph. The fiduciary disposal may have as an object-fitter goods, and the payment of the laudan is also required if there is the consolidation of the useful domain in the trustee. " (NR)
" Art. 26. ............................................................................
..........................................................................................
§ 7º The time limit for which it treats § 1º without the purge of the mora, the officer of the competent Registration of Real Estate, certifying that fact, shall promote the averaging, in the registration of the real estate, of the consolidation of the property on behalf of the trustee, in view of proof of payment for this, of the inter-living transmission tax and, if applicable, of the laudan.
§ 8º The trustee may, with the annuity of the trustee, give his eventual right to the real estate in payment of the debt, waived the procedures provided for in the art. 27. " (NR)
" Art. 27. ...........................................................................
.........................................................................................
§ 7º If the real estate is located, the lease may be denounced with the deadline of thirty days for disoccupation, unless there has been acquiescence in writing of the trustee, and the complaint must be carried out within ninety days to count of the date of the consolidation of the property in the trustee, and this condition should expressly appear in a specific contractual clause, highlighting the others by their graphic presentation.
§ 8º Respond to the trustee for the payment of taxes, fees, condominial contributions and any other charges that fall within or come to fall on the real estate, whose possession has been transferred to the trustee, pursuant to this article, until the date on which the trustee comes to be imitation in possession. " (NR)
" Art. 37-A. The trustee shall pay the trustee, or to whom to succeed him, on the title of occupation fee of the estate, per month or fraction, corresponding to one per cent of the value to which the inciso VI of the art is referred. 24, computed and required from the date of the disposal at auction to the date on which the trustee, or its successors, comes to be imited in the possession of the estate. " (NR)
" Art. 37-B. It shall be deemed ineffective, and without any effect to the fiduciary or its successors, the hiring or extension of lease of real estate divested fiducially by longer term than one year without written agreement of the trustee. " (NR)
" Art. 38. Purchase and sale contracts with trust financing and disposal, mutual with fiduciary disposal, merchant leases, real guarantee credit cession may be concluded by particular instrument, to them by assigning the character of public scripture, for all the purposes of law. " (NR)
Changes in the Civil Code
Art. 58. Law No. 10,406 of 2002-Civil Code passes in force with the following changes:
" Art. 819-A. (VETADO) "
" Art. 1,331. ......................................................................
.........................................................................................
§ 3º Each real estate unit shall be fit, as an inseparable part, an optimal fraction on the ground and in the other common parts, which will be identified in decimal or ordinary form in the instrument of institution of the condominic.
.......................................................................................... " (NR)
" Art. 1,336. .......................................................................
..........................................................................................
I-contribute to the expenses of the condo in proportion to their optimal fractions, unless otherwise provided in the convention ;
§ 1º (VETADO)
........................................................................................... " (NR)
" Art. 1,351. It depends on the approval of 2/3 (two thirds) of the votes of the condones to the amendment of the convention ; the change of the destination of the building, or of the real estate unit, depends on the approval of the unanimity of the condones. " (NR)
" Art. 1.368-A. The other species of fiduciary property or fiduciary ownership shall submit to the specific discipline of the respective special laws, only if applying the provisions of this Code in so far as it is not incompatible with the special legislation. " (NR)
" Art. 1,485. Upon simple aversion, required by both parties, you will be able to extend the mortgage, up to 30 (thirty) years of the date of the contract. Provided that you miss that deadline, you can only subsist the mortgage contract by reconstitution by new title and new registration ; and in that case, you will be kept the precedence, which then compete with you. " (NR)
Changes in the Public Records Act
Art. 59. Law No. 6,015 of December 31, 1973 passes vigorously with the following changes:
" Art. 167. ..............................................................................
..............................................................................................
II-........................................................................................
..............................................................................................
21) of the real estate credit cession. " (NR)
" Art. 212. If the registration or averaging is omitted, inaccurate or does not express the truth, the rectification shall be made by the Officer of the Competent Real Estate Registration, at the request of the person concerned, by means of the administrative procedure provided for in the art. 213, provided to the person concerned to apply for rectification by means of judicial procedure.
Single Paragraph. The option by the administrative procedure provided for in art. 213 does not rule out the jurisdictional provision, on application by the impaired party.
Art. 213. The officer will rectify the registration or averaging:
I-of letter or application of the person concerned in the cases of:
a) omission or error committed in the transposition of any element of the title ;
b) indication or update of confrontation ;
c) change in the denomination of public gold logrady, proven by official document ;
d) rectification that vise the indication of rumos, deflection angles or insertion of georeferenced coordinates, where there is no change in perimeter measurements ;
e) alteration or insertion that results from mere mathematical calculation made from the perimetrial measurements constants of the record ;
f) reproduction of confrontational real estate divider line description that has already been the subject of rectification ;
g) insertion or modification of the personal qualification data of the parties, proven by official documents, or upon judicial dispatch when there is a need for production of other evidence ;
II-on the application of the person concerned, in the case of insertion or alteration of perimetral measure of which result, or not, alteration of area, instructed with descriptive plant and memorial signed by legally entitled professional, with proof of annotation of technical responsibility in the competent Regional Council of Engineering and Architecture-CREA, as well by the confrontations.
§ 1º Once the requirements of which it treats the art caput are met. 225, the officer will avert the rectification.
§ 2º If the plant does not contain the signature of any confrontation, this shall be notified by the Competent Real Estate Registration Officer, on application by the person concerned, to manifest itself in fifteen days, promoting the notification personally or by the post, with notice of receipt, or, still, on request of the Registration Officer of Real Estate, by the Registration Officer of Securities and Documents of the estate of the estate or the domicile of whom you should receive it.
§ 3º The notification will be addressed to the address of the constant confrontation of the Registration of Real Estate, and may be directed to the contiguous real estate or to that provided by the applicant ; not being found the confrontation or being in place uncertain and unknown, such a fact will be certified by the officer in charge of the due diligence, promoting the notification of the confrontation upon edit, with the same deadline set in § 2º, published by twice in local newspaper of great circulation.
§ 4º Presumir shall be the annuity of the confrontation which no longer has to appear challenging within the period of notification.
§ 5º Fishing the deadline without objection, the officer will avert the required rectification ; if there is substantiated impurition by some confrontation, the officer will subpoena the applicant and the professional that there is signed the plant and the memorial in order that, within five days, they express themselves on the challenge.
§ 6º Havendo impugation and if the parties have not formalized friendly transaction to solve it, the officer will refer the case to the competent judge, who will decide on plan or after summary instruction, save if the controversy versan on the right of ownership of any of the parties, hypothesis in which you will refer the person concerned to the ordinary lanes.
§ 7º For the same procedure as provided for in this article may be ascertained the remnants of partially divested areas, in which case they will be considered as confrontational-only the confines of the remaining areas.
§ 8º Public areas will be able to be demarcated or have their records rectified by the same procedure as provided for in this article, provided they build on the record or are properly averaged lograders.
§ 9º Whatever rectification, two or more confrontations will be able, by means of public deed, to change or establish the foreign exchange with each other and, if there is transfer of area, with the collection of due transmission tax and since preserved, if rural the real estate, minimal fraction of parcellar and, when urban, the urbanistic legislation.
§ 10. They understand themselves as confrontational not only the owners of the contiguous real estate, but also their eventual occupants ; the general condominic, of which they treat the arts. 1,314 and following of the Civil Code, it will be represented by any of the condones and the ediltious condominic, of which they treat the arts. 1,331 and following of the Civil Code, it shall be represented, as the case may be, by the liquidator or the Commission of Representatives.
§ 11. Independs on rectification:
I-the funeral regularization of social interest held in Special Areas of Social Interest, pursuant to Law No. 10,257 of July 10, 2001, promoted by Municipality or the Federal District, when batches are already enrolled individually or with fiscal launch more than twenty years ago ;
II-the suitability of the description of rural immovable to the demands of the arts. 176, § § 3º and 4º, and 225, § 3º, of this Act.
§ 12. It may be possible for the officer to conduct real estate representations for the finding of his situation in the face of the confrontations and location on the court.
§ 13. With no doubt as to the identification of the real estate, the title prior to rectification may be taken on record as long as required by the purchaser, promoting the registration in accordance with the new description.
§ 14. Verified at any time not to be true the constant facts of the descriptive memorial, they will respond to the applicants and the professional who drew it up for the damage caused, regardless of the disciplinary and criminal penalties.
§ 15. No costs or notarial or registration fees arising from land regularization of social interest to be charged to the public administration.
Art. 214. .........................................................................
§ 1º The nullity will be enacted after hearing those struck.
§ 2º From the decision taken in the case of § 1º shall be appealed or aggravated as per the case.
§ 3º If the judge understands that the superveniency of new records may cause damage of difficult reparation may determine from office, at any time, albeit without the oitiveness of the parties, the blocking of the real estate tuition.
§ 4º Block the registration, the officer will no longer be able to practise any act, except with judicial authorization, however, allowing the persons concerned to arrest their titles, who will stay with the extended deadline until the solution of the blocking.
§ 5º The nullity will not be enacted if it reaches third in good faith that has already fulfilled the conditions of the moveable property. " (NR)
Change in the FGTS Act
Art. 60. The art caput. 9º of Law No. 8,036 of May 11, 1990, passes vigorously with the following essay:
" Art. 9º Applications with FGTS resources can be carried out directly by the Federal Economic Box and the other integral bodies of the Financial System of Housing-SFH, exclusively second criteria set by the FGTS Curator Council, in operations that fulfil the following requirements: " (NR)
Changes in the Locations Act
Art. 61. Law No. 8,245 of October 18, 1991 passes vigorously with the following changes:
" Art. 32. .......................................................................
Single Paragraph. In contracts affirmed from 1º October 2001, the right of preference for this article shall also not reach the cases of constitution of the fiduciary property and loss of the property or sale by any forms of realisation of warranty, including upon extrajudicial auction, and this condition should expressly appear in a specific contractual clause, highlighting the others by their graphic presentation. " (NR)
" Art. 39. (VETADO) "
Art. 62. (VETADO)
Supplementary Standards to this Act
Art. 63. In operations involving resources of the housing and housing financial system Housing, related to housing, it is vetoed to collect from the borrower the elaboration of particular contractual instrument, albeit with scripture strength public.
Art. 64. (VETADO)
Art. 65. The National Monetary Council and the Office of the Federal Revenue Office, within the framework of their respective tasks, shall expedite the instructions that are necessary to implement the provisions of this Act.
Duration
Art. 66. This Act shall enter into force on the date of its publication.
Revoking
Art. 67. Provisional Measures shall be repealed in the 2.160-25, August 23, 2001, 2,221, September 4, 2001, and 2,223, of September 4, 2001, and the arts. 66 and 66-A of Law No. 4,728 of July 14, 1965.
Brasilia, August 2, 2004 ; 183º of Independence and 116º of the Republic.
LUIZ INACIO LULA DA SILVA
Marcio Thomaz Bastos
Antonio Palocci Filho
Marina Silva
Olivius of Oliveira Dutra
José Dirceu de Oliveira e Silva
Álvaro Augusto Ribeiro Costa
