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Provisional Measure No. 2,168-40, Of 24 August 2001

Original Language Title: Medida Provisória nº 2.168-40, de 24 de Agosto de 2001

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PROVISIONAL MEASURE NO. 2.168-40, OF August 24, 2001

Discuss on the Programme of Revitalization of Agrolivestock Production Cooperatives-RECOOP, authorizes the creation of the Service National de Apprenticeship of Cooperativism-SESCOOP, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

Art. 1º Stay the Executive Power authorized to implement the Revitalization Program of Agrolivestock Production Cooperatives-RECOOP, observed the provisions of this Provisional Measure.

Art. 2º The credit operations under the Amparo of the RECOOP will comply with the conditions laid down in the Annex to this Provisional Measure.

§ 1º The credit transactions of which this article deals will have as a limit, after the trading of discounts with the respective creditors, the debtor balance of existing bank bonds on June 30, 1997, still in being, plus the necessary resources for payment of debts, existing on June 30, 1997 and not yet paid for:

I-coming from acquisition of agrolivestock inputs;

II-with cooperates;

III-Labour and coming from tax and social obligations.

§ 2º To the amount established in the form of § 1º and in accordance with the cooperative's revitalization plan, the earmarked values for capital will be increased of gyrus and essential investments and the cooperated receivables, originating in credits constituted until June 30, 1997.

§ 3º The debtor balance of bank bonds and the cooperated receivables, to which if refer to, respectively, § § 1º and 2º of this article, will be updated in the following form:

I-until June 30, 1998, by the financial burdens paced for situation of normality;

II -from 1º July 1998, to the date of the effective formalization of the new credit instruments:

a) the cooperated receivables, by the paced charges for normality situation or by interest of up to twelve by one the year plus the Referential Rate-TR, the smallest of these two parameters;

b) in the case of bank bonds, according to the criteria below specified by source of the resources involved:

1. external capping resources: exchange rate plus interest of up to twelve percent a year, or paced rate in the contract if lower;

2. repasses from BNDES: paced financial charges for normality situation;

3. own resources or other sources not explained in the previous incisors: financial charges paced for normalcy situation, or interest of up to twelve percent a year plus the Referential Rate-TR, prevailing what is lower.

§ 4º They are liable to framing in the operations by amparo of the RECOOP the existing bank debts on June 30, 1997, recognized in the independent audit opinion provided for in the art. 3º, which, for any reason, have shifted from accounting classification or creditor financial institution, applying the provisions of § 3º for purposes of updating.

§ 5º The credit operations of which it treats this article will have grace of twenty-four months for the share of increased capital from the variation of the General Price Index-Internal Availability (IGP-DI), Released by the Getulio Vargas Foundation, and six months for repayment of interest, when handle resources for debt settlement with the financial system, with cooperates and arising from the acquisition of agri-based inputs, from tributes and social and labor burdens, as well as for financing of receivable values of cooperated.

§ 6º When it comes to credit for investments under the aegis of RECOOP, the transaction will have grace of maturity equivalent to that of the maturation of the venture provided for in the project, applicable to capital and charges financial.

§ 7º Credit operations under the Amparo of the RECOOP are considered to be of rural credit for all purposes, with the National Monetary Council meeting the conditions and the procedures supplemental that are shown to be necessary.

Art. 3º For habilitation to credit operations classified as of RECOOP, met to the constant preliminary condition of the final part of the art. 5º, caput, will require an independent audit opinion on the provenance of the values related to existing debts and cooperates receivables, as well as the presentation of the co-operative development plan, approved in assembly extraordinary general by most of the cooperates, contemplating:

I-restructuring project demonstrating the technical and economic-financial viability of the cooperative, with directing the activities to the focus main acting of an agri-production cooperative and

disimmobilizations of assets unrelated to the main object of the society, among other aspects;

II-project of capitalization;

III-project of professionalization of co-operative management;

IV-project of organization and professionalization of the cooperates;

V-project of monitoring of the cooperative development plan.

Art. 4º The cooperative stakeholder in RECOOP funding is expected to substantiate the approval, by the general assembly, of statutory reform, with the forecast of the following subjects:

I-merger, dismemberment, incorporation or partnership, when necessary and as the case;

II-independent audit on the balance sheets and demonstrations of results of each exercise;

III-warranty of access of technicians designated by the Federal Government to data and information relating to the implementation of the cooperative development plan;

IV- mandate of the board of directors not exceeding four years, and the renewal of at least one third of the members;

V-ineligibility, to the board of directors and to the tax council:

a) of the associate establishing employment relationship with the cooperative, trade agent, or legal person administrator who operates in one of the economic fields or who exercises one of the activities of the society, of his respective spouses, as well as persons barred by law or social status, in addition to those convicted of ffeeding crime, prevarication, peita or bribery, concussion, embezzle or against the popular economy, public faith or property;

b) of the spouse, ancestry, descendants or collateral up to the second degree, by consanginity or affinity, of the members of the co-operative's statutory bodies;

VI-ineligibility, for the board of directors, of the members of the fiscal council in office in the six months prior to the date of the assembly election;

VII-vedic to the administrators, thus understood the members of the board of administration and the executive board, from:

a) practice act of liberality at the expense of the cooperative;

b) take by borrowing resources or goods from society, or use, in own advantage or from third parties, their goods, services or credit, save in connection with cooperative acts practiced between them and the co-operative;

c) receive from associates or from third parties any benefit directly or indirectly in the function of the exercise of your office;

d) participate in or influence in deliberation on matters of personal interest, by complying with them stating the reasons for their impediment;

and) to operate in any of the economic fields of the cooperative or exercise activity by it performed;

f) provide, under any pretext, still that upon taking of prices or competition, goods or services to the society, except those concerning to the cooperative acts practiced between them and the cooperative, extending such a ban to the spouses, ancestry, descendants and collateral to the second degree, by consangüinity or affinity;

VIII-responsibility administrator's personnel for the damage it causes to the cooperative, including with a requirement to return the values received, add to compensatory charges, when proceeding:

a) with violation of the law or the statute;

b) within his or her attributions or powers, with guilt or dolo;

IX-liability of the members of the tax council for the damage resulting from omission in the performance of their duties and violation of the law or statute and the acts practiced with guilt or dolo;

X-prohibition of joint participation, in the governing bodies and in the tax council, of the spouse, ancestry, descendants and collateral until the second degree, by consangüinity or affinity, of the administrators or members of the tax board.

Art. 5º Stay the Executive Power authorized to open credit line, up to the limit of R$ 2,100,000,000.00 (two billion and one hundred million reais), intended to fund RECOOP items of interest from the cooperatives whose prior consultation was hosted, until July 31, 1998, by the Executive Committee instituted upon the act of the Executive Power of January 23 of 1998.

§ 1º The RECOOP's credit operations of which it treats this Provisional Measure and depending on the constant discrimination of its Annex will be carried out:

I-with resources from the line of credit that it treats the caput of this article, except for the situations framed in the subsequent inciso II and in § 3º of this article;

II-with resources from the North East Financing Constitutional Funds of the Northeast or from the Midwest (FNO, FNE and FCO), in the case of cooperatives of these regions and as per their location, excluded the parcels intended for new investments and respected the provisions of § § 3º and 4º of this article;

III- under risk from the financial institution, it is incumbent upon this to substantiate the payment capacity and to demand the necessary guarantees, in line with the provisions of the rural credit, with the exception of the parcel intended for the payment of debts attached to the National Institute of Social Insurance-INSS, the risk of which will be assigned to the National Treasury.

§ 2º The tax burden of the RECOOP's amparo loans, re-salvaged those carried out by the Funds mentioned in § 3º, will covered by cancellation of expenditure intended for other programmes included in the General Budget of the Union.

§ 3º The defence fund repass contracts of the Cafeeira Economy Fund (FUNCAFÉ) and the Constitutional Funds of Funding from the North, the Northeast and the Midwest (FNO, FNE and FCO), when they are chipping credit operations under the RECOOP, will have their return deadlines and financial burdens duly adjusted to these operations, running the burden to the account of the respective Fund.

§ 4º In the case of cooperatives of the regions amparted by the mentioned Constitutional Funds, they apply to credit operations, except on the plots intended for new investments and on the values of the securitization, the financial charges usually by them practiced or, to the choice of the cooperatives in the act of the signing of the credit instrument, in definite character, those set out in the Annex to this Interim Measuration.

Art. 6º It is the authorized Union, at its sole discretion and in the terms established by the Minister of State for Finance, to partially assume the risks of the financing operations of investments and spin capital of which it treats this Provisional Measure, up to the amount of R$ 300,000,000.00 (three hundred million reais).

Art. 7º The returns on credit operations, of which it treats this Provisional Measure, when lasered by resources passed down by the National Treasury, will be earmarked for the abatement of the public debt.

Art. 8º It is authorized to set up the National Cooperativism-SESCOOP National Learning Service with personality legal private law, composed of entities bound to the union system, without prejudice to the surveillance of the application of its resources by the Court of Auditors of the Union, with the aim of organizing, administering and executing on the whole territory national the teaching of vocational training, development and social promotion of the worker in co-operative and the cooperates.

Single paragraph. For the development of its activities, SESCOOP will contest with own centers or act in the form of cooperation with public or private bodies.

Art. 9º The SESCOOP will be directed by a National Council, with the following composition:

I-a representative of the Ministry of Labour and Employment;

II-a representative of the Ministry of Welfare and Social Assistance;

III-a representative of the Ministry of Finance;

IV-a representative of the Ministry of Planning, Budget and Management;

V-a representative of the Ministry of Agriculture, Livestock and Supply;

VI-five representatives of the Organization of Brazilian Cooperatives-OCB, including its President;

VII-a representative of workers in societies cooperatives.

§ 1º The SESCOOP will be chaired by the President of the OCB, which will be entitled in the deliberations only to the quality vote.

§ 2º Powers will be created regional councils, in the form that comes to be established in the SESCOOP Regiment.

Art. 10. They constitute revenue from SESCOOP:

I-monthly compulsory contribution, to be collected, from 1º January 1999, by Social Security, from two comma five percent on the amount of remuneration paid to all employees by the cooperatives;

II-donations and legacies;

III-voluntary grants from the Union, the States, the Federal District and the Municipalities;

IV -rents arising from the provision of services, the disposal or leasing of their assets;

V-operating income;

VI-pecuniary penalties.

§ 1º The contribution referred to in the inciso I of this article will be collected by Social Security, applying to the same conditions, time limits, penalties and privileges, including with regard to judicial collection, applicable to the Social Security contributions, the your product put at the disposal of SESCOOP.

§ 2º The said contribution is instituted in replacement of the contributions, of the same kind, due and collected by the cooperative societies and, until December 31 of 1998, intended for the:

I-National Industrial Learning Service-SENAI;

II-Social Service of Industry-SESI;

III-National Learning Service Commercial-SENAC;

IV-Social Service of Trade-SESC;

V-National Transportation Apprenticeship-SENAT;

VI-Social Transport Service- SEST;

VII-National Rural Learning Service-SENAR.

§ 3º As of 1º January 1999, co-operatives become disobligated from collecting contributions to entities mentioned in § 2º, excepted those of competence until the month of December 1998 and the respective charges, fines and interest.

Art. 11. The Executive Power, within the time of one hundred and eighty days, will set conditions for:

I-developing systems for monitoring, supervising, auditing and controlling the application of public resources in the system co-operative;

II-evaluate the Brazilian cooperative system model, formulating measures aimed at its enhancement.

Art. 12. The organization and operation of the SESCOOP will build regiment, which will be approved in an act of the Executive Power.

Art. 13. The art. 88 of Law No. 5,764 of December 16, 1971, passes the vigour with the following essay:

" Art. 88. They will be able to participate in non-cooperative societies for better service of the goals themselves and others of accessory or complementary character. " (NR)

Art. 14. The art. 2º of Law No. 9,138 of November 29, 1995, passes the vigour with the following essay:

" Art. 2º For the rural credit operations contracted from the publication of this Act and until July 31, 2003, the provisions of § 2º of the art do not apply. 16 of the Law no 8,880, of May 27, 1994. " (NR)

Art. 15. The Executive Power shall regulate the provisions of this Provisional Measure.

Art. 16. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2.168-39, of July 27, 2001.

Art. 17. This Interim Measure shall come into force on the date of its publication.

Art. 18. The art is revoked. 1º of Law No. 9,848, of October 26, 1999, and the art. 7º of Law No. 10,186, of February 12, 2001.

Brasilia, August 24, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Malan

Marcus Vinicius Pratini de Moraes

Martus Tavares

ANNEX

I? CONDITIONS FOR REFINANCING DEBTS WITH THE FINANACEIRO SYSTEM

Species

Deadline

Financial Charges (*)

Cows-parts

Up to 15 years

IGP-DI + 4% a.a.

Securitization

Magnification, for 10 years, of the deadlines of the securitized operations

Variation of minimum prices + 3% a.a.

Other debts (after negotiation of discounts and exchange of funding)

Up to 15 years

IGP-DI + 4% a.a.

II? CONDITIONS FOR REFINANCING OF DEBTS WITH COOPERATES AND ARISING FROM ACQUISITION OF AGRI-OWNED INPUTS AND OF TRIBUTES AND SOCIAL CHARGES

Espécie

Prazo

Financial Charges (*)

Debates with cooperates and others coming from acquisition of agrolivestock inputs (after negotiation of discounts)

Up to 15 years

IGP-DI + 4% a.a.

Tributs and social and labor charges (after negotiation of discounts)

Up to 15 years

IGP-DI + 4% a.a.

III? CONDITIONS FOR FINANCING OF COOPERATES RECEIVABLES

Species

Deadline

Financial Charges (*)

Values to receive from cooperates

Up to 15 years

IGP-DI + 4% a.a.

IV? CONDITIONS FOR FINANCING OF INVESTMENTS AND SPIN CAPITAL

Species

Deadline

Financial Charges (*)

Investments (inclusive spin capital for start of activity arising from these investments)

Up to 15 years

IGP-DI + 4% a.a.

Giro's Capital

Up to 2 years

8.75% a.a.

(*) Include? if there is the spread banking of up to three percent a year.

NOTE: In the case of co-operatives of the regions amounded by Funds Constitutional (FNO, FNE and FCO), apply? if to the credit operations, except on the plots intended for new investments and on the values of securitization, the financial burdens usually by them practiced or these herein established, as a choice of these cooperatives in the act of the signing of the credit instrument, in definite character.