PROVISIONAL MEASURE No 2,221, OF September 4, 2001.

Altera the Law No. 4,591 of December 16, 1964, instituting the patrimony of affectation in the real estate incorporations, 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 The Law No. 4,591 of December 16, 1964, passes the invigoration with the following amendments:

" Art. 30-A. At the discretion of the incorporator, the incorporation could be submitted to the regime of the affectation, by which the land and accessory object of real estate incorporation, as well as the remaining goods and rights to it bound, will remain trimmed from the estate of the embedding and will constitute equity of affectation, intended for the achievement of the corresponding incorporation and delivery of the real estate units to the respective acquirers.

§ 1º The patrimony of affectation does not communicate with the remaining assets, rights and obligations of the general estate of the incorporator or of other patrimony of affectation by it constituted and only accounts for debts and obligations linked to the respective embedding.

§ 2º The incorporator accounts for the damage that causes the patrimony of affectation.

§ 3º The assets and integral rights of the patrimony of affectation will only be able to be the object of real guarantee in credit operation whose product is fully intended for the achievement of the corresponding edification and the delivery of the real estate units to the respective acquirers.

§ 4º In the case of assignment, full or fiduciary, of receivables arising from the marketing of the real estate units components of the incorporation, the proceeds of the assignment will also henceforward to integrate the patrimony of affectation, observed the provisions of § 6º.

§ 5º The construction quotas corresponding to accesses linked to optimal fractions shall be paid by the incorporator until the responsibility for its construction has been assumed by third parties, in the terms of the final part of § 6º of the art. 35.

§ 6º The integral financial resources of the patrimony of affectation will be used for payment or reimbursement of the expenses inherent in the incorporation.

§ 7º The refund of the purchase price of the terrain will only be able to be done when the disposal of the autonomous units, in the proportion of the respective optimal fractions, considering-only the values effectively received by the alienation.

§ 8º Excludes from the affection equity:

I-the financial resources that exceed the required importance to the completion of the work (art. 44), considering the values to be received until its completion and, as well, the resources necessary for the financing discharge for the construction, if any; and

II-the value regarding the disposal price of the optimal fraction of ground of each unit sold, in the case of incorporation in which construction is contracted under the administration regime (art. 58).

§ 9º In the case of sets of buildings of which it treats art. 8º, separate affectation heritage sites may be constituted, as many as the:

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. In the object-funding incorporations, the marketing of the units should rely on the annuence of the funder institution or it should be to it that it is scientified, as it comes to be established in the financing contract. " (NR)

" Art. 30-B. The patrimony of affectation is considered to be constituted by averaging, at any time, in the Register of Real Estate, of term struck by the incorporator and, where it is the case, by the holders of actual acquisition rights on the ground; the aversion not shall be impeded by the existence of real burden which have been constituted on the real estate object of incorporation for the guarantee of payment of the price of its acquisition or the fulfilment of obligation to construct the venture.

§ 1º In the hypotheses where the archiving of the memorial of incorporation is not required, the affectation shall be defined, at any stage of the construction, in instrument, public or particular, of an institution of condominance, in the terms and with the discriminations of that treat the arts. 7º and 8º, Consideration of the patrimony of affectation upon registration of the institution in the Competent Real Estate Registry.

§ 2º Havendo financing for construction, the patrimony of affectation can be audited by legally entitled physical or legal person appointed by the funder institution of the works.

§ 3º People who, as a result of the exercise of the audit of which it treats § 2º of this article, obtain access to the commercial, tax and any other nature concerning the affected heritage will respond by the lack of zeal, dedication and secrecy of this information.

§ 4th The auditor appointed by the institution's funder institution should provide copy of its report or opinion to the Commission of Representatives, the application of this, not constituting such a supply breach of secrecy that it treats § 3rd.

§ 5º Incumbent on the incorporator:

I-promote all the acts necessary for the good administration and preservation of the patrimony of affectation, including upon adoption of judicial measures;

II-keep trimmed the goods and rights object of each incorporation;

III-dilitigate the abstraction of the resources required for incorporation and apply them in the form provided for in this Law, caring to preserve the resources necessary for the completion of the work;

IV-deliver to the Commission of Representatives, at least every three months, demonstrative of the state of the work and of its correspondence with the paced deadline or with the financial resources integrating the affectation equity received in the period, firmed up by skilled professionals, resourced eventual modifications suggested by the incorporator and approved by the Committee of Representatives;

V-maintain and move the financial resources of the affected heritage into account of open deposit specifically for such an end;

VI-deliver to the Commission of Representatives balance-sheet coincident with the calendar quarter, relative to each asset of affectation;

VII-ensuring the auditor, physical or legal person, appointed pursuant to § 2º, free access to the work, as well as books, contracts, movement of the exclusive deposit account referred to in the inciso V of this paragraph and any other documents pertaining to the patrimony of affectation; and

VIII-hold full accounting writing, yet opting for the taxation on the basis of the presumed profit.

§ 6º Verified some of the hypotheses provided for in the art. 43, incisies III and VI, the Commission of Representatives shall assume the administration of the incorporation and shall promote the immediate holding of general assembly, to this one competing, by two-thirds of the votes of the acquirers, to deliberate on the further incorporation or the settlement of the patrimony of affectation, as well as about the conditions under which one or the other will promote.

§ 7º In the hypothesis that it treats the preceding paragraph, the Commission of Representatives shall be vested in an irrevocable mandate, valid even after the work has been completed, to, on behalf of the incorporator, the holder of the domain and the holder of the acquisition rights of the immovable object of the incorporation, outoring to the purchasers of the autonomous units, by public or particular instrument, the definitive contract to which the incorporator and the holders of domain and acquisitive rights on the immovable, as a result of preliminary contracts, are required, and may for this purpose transmit dominance, law, possession and action, manifest the responsibility of the alienant by eviction, to imitate the acquirers in the possession of the units respective, outoring referred to contracts even to the purchasers who have obligations to comply with the incorporator or the lender institution, in these cases as long as it is proven to be addefault, situation in which the contract outoring is conditioned on the constitution of real guarantee on the immovable, to ensure payment of the remaining debit.

§ 8º The patrimony of affectation will extinguish by:

I-averaging of the construction, registration of the domain securities or procurement law on behalf of the respective acquirers and, where the case is, extinction of the obligations of the incorporator before the funder institution of the venture;

II-revocation on the grounds of denunciation of the incorporation, after restitution to the acquirers the amounts by those paid (art. 36), or of other hypotheses provided for in law;

III-liquidation deliberated by the general assembly pursuant to § 7º. " (NR)

" Art. 30-C. The insolvency of the incorporator will not achieve the patrimons of affectation constituted, not integrating the concursal mass the terrain, the accessions and too much goods, receivables, obligations and the object charges of the incorporation.

§ 1º In the sixty days that follow the enactment of the bankruptcy of the incorporator, the condominance of the acquirers, by convening their Commission of Representatives or, in their absence, of a sixth of the holders of ideal fractions, or, still, by determination of the bankruptcy judge, will hold general assembly in which, by a simple majority, it will ratify the mandate of the Commission of Representatives or elect new members, and by two-thirds of the votes of the purchasers, it shall institute the condominium of the construction, by public or particular instrument, and shall deliberate on the terms of the continuation of the oeuvre or the settlement of the patrimony of affectation (art. 43, inciso III); There is funding for construction, the convocation can be done by the funder institution.

§ 2º Perde effectiveness the deliberation for the continuation of the work referred to in § The first case is not to check the payment of the tax, pension and labor obligations, linked to the respective patrimony of affectation, whose generative facts have occurred up to the date of the bankruptcy decrement, which are to be paid by the acquirers within sixty days of that deliberation.

§ 3º In the hypothesis on which they take over the administration of the work, the acquirers will respond in solidarity with the incorporator:

I-by the obligations provided for in § 2º, linked to their respective affectation patrimony, which have been the object of an offending or whose payment has been determined in the form of the labour legislation, subsequently to that deliberation and even the extinction of the patrimony of affectation in the form foreseen in the inciso I of § 8th of the art. 30-B;

II-by the tributes resulting from the difference between the budgeted cost and the effective cost verified up to the date of the bankruptcy enactment, corresponding to their respective real estate ventures.

§ 4th Each condomer will respond individually by the obligations in the proportion of the building coefficients attributable to the respective units, if another form is not deliberated in general assembly by two-thirds of the votes of the acquirers.

§ 5º The obligations set out in § § 2º and 3rd will be raised to the mass, being their respective values deposited into account-specific bank current and intended, exclusively, to the payment of credits privileged, observed the order of preference set out in the legislation.

§ 6th The obligations referred to in § 2nd may be paid parcelately, in up to thirty months, observing that:

I-the parcels will be increased interest equivalent to the benchmark rate of the Special Settlement and Custody System (Selic), for federal securities, accumulated monthly, calculated from the first day of the subsequent month to the maturity of the first installment up to the last day of the month preceding that of the payment and one per cent in the month of payment;

II-the liquidator of the bankrupt mass is to be communicated of the option by the parceling of the obligations within the period provided for in § 2nd.

§ 7º The owners or holders of acquisitive rights on the integral real estate units of the venture, if they decide for the further work, will automatically be subrogated in the rights, obligations and the charges relating to the incorporation, including those relating to the contract of financing of the works, if any.

§ 8th The condones will respond by the perhaps existing balance between the cost of completion of the work and the resources to receive and those available in the account referred to in the inciso V of § 5th of the art. 30-B, in the proportion of the building coefficients attributable to the respective units, if another form is not deliberated in general assembly by two-thirds of the votes of the acquirers.

§ 9th To ensure the necessary measures for the further continuation of the works or the settlement of the patrimony of affectation, the Commission of Representatives, within sixty days, from the date of holding of the general assembly of which it treats the preceding paragraph, shall promote, in public auction, with observance of the criteria set forth by art. 63, the sale of the optimal fractions and their accesses which, until the date of the enactment of the bankruptcy, have not been disposed of by the incorporator.

§ 10. In the hypothesis that it treats § 9th, the harbouring will become subrogated, in the proportion attributable to the fraction and ancillary accessions, in the rights and obligations concerning the venture, including in the obligations of eventual funding, and, in the treatment of of the art hypothesis. 39 of this Act, in the obligations before the owner of the field.

§ 11. From the documents to advertisement of the sale that it treats § 7º and, well thus, the inciso III of the art. 43, will outline the value of unpaid accessions by the incorporator (art. 35, § 6º), and the price of the ideal fraction of the terrain and accessions (arts. 40 and 41).

§ 12. In the process of sale that it treats § 10, they shall be assured, successively, on equal terms with third parties:

I-to the owner of the field, in the hypotheses where this is a distinct person of the person of the incorporator, the preference for acquisition of the accessions linked to the object fraction of the sale, to be exercised at the twenty-four hours following the designated date for the sale;

II-to the condominium, if not exercised the preference of which it treats the previous incission, or should there be no bidders, the preference for acquisition of the ideal fraction and accessions, provided that it deliberated in general assembly, by the vote of the simple majority of the acquirers present, and exercised within forty eight hours a count from the designated date for the sale.

§ 13. Held for sale, it will incumbent upon the Commission of Representatives, successively, in the five days to follow the receipt of the price:

I-pay the labor, previdionary and tax obligations, linked to the respective affection patrimony referred to in § 2º, observed the order of preference laid down in the legislation, in particular the provisions of the art. 186 of the National Tax Code;

II-reimburse to the acquirers the amounts they have in advance, with own resources, for payment of the obligations referred to in the inciso I;

III-reimburse to institution funder the amount that this has delivered for the construction, save if another form does not come to be persuadable among the stakeholders;

IV-deliver to the condominion the value that this has disbursed to construction of the embedding liability accessions (§ 6º of the art. 35 and § 5º of the art. 30-A), in the proportion of the value obtained in the sale;

V-surrender to the owner of the land, in the hypotheses where this is a distinct person of the person of the incorporator, the value ascertained on the sale, in proportion to the value attributed to the fraction ideal;

VI-raising to the bankrupt mass the balance that perhaps remanded.

§ 14. In the hypothesis of § § 2nd to 6th:

I-the values raised to the mass will constitute privileged credit of the acquirers;

II-the extinction of the affectation patrimony predicted in the inciso I do § 8th of the art. 30-B will not be able to occur while not fully paid for the tax, labor and pension obligations to it linked. " (NR)

" Art. 30-D. For effect, exclusively, of the provisions of § 2º of the art. 30-C, the binding of the obligations there, due by the legal person, including by equiparation, under the income tax legislation, shall be given by the prorogation:

I-of the total obligations of the legal person relating to income tax and social contribution on profit in the proportion of gross income relative to each asset of affection in relation to the total gross revenue of the legal person, gross revenue that defined in the legislation of the income tax;

II-of the total obligations of the legal person concerning the Contributions to the Social Integration and Training Programs of the Public Server Heritage (PIS/PASEP) and the Contribution to the Social Security Financing (COFINS) in the proportion of gross revenue relative to each asset of affection in relation to the total gross revenue of the legal person, considering gross revenue that defined in the specific legislation of those contributions;

§ 1st In the hypothesis of the remaining labor, tax and pension obligations, the linking will give itself direct form, covering it-only those generated within the framework of the affectation heritage itself, in the form of the respective regency legislations.

§ 2nd The remaining labor obligations, tax and common pension of the patrimony of affectation that cannot be individualized to each heritage will be prorated in the proportion of the respective cost of the affectation equity in relation to the total cost of the assets of affectation.

§ 3rd The remaining labor, tax and pension obligations, not linked exclusively to the affectation assets, will be prorated in the proportion of the gross income of the respective estate in relation to the total gross revenue of the legal person, considering gross revenue that defined in the income tax legislation.

§ 4th In the impossibility of the adoption of the prorogation criterion provided for in § 2nd, in relation to those obligations shall be used the criterion laid down in § 3rd.

§ 5th The obligations, gross receipts and costs referred to in the caput and § § 1st to 3rd are those corresponding to the respective periods of ascertainment and will be considered accumulatively between the start date of the venture and the date of the extinction of the patrimony of affectation, pursuant to § 8th of the art. 30-B, or of the enactment of bankruptcy, if any.

§ 6º For the purposes of the provisions of this article, the patrimony of affectation has been equipped with subsidiary establishments, fit to the organs entrusted by the administration of the taxes and respective contributions determine the hypotheses in which the payment or the pick-up will be effected by subsidiary establishment.

§ 7º The provisions of § 6º do not imply assigning the condition of taxable person to the patrimony of affectation.

§ 8º The incorporator shall inform, in the quarterly demonstrator referred to in the inciso IV of the § 5th of the art. 30-B, to be handed over to the Commission of Representatives, the amount of the obligations referred to in § 2º of the art. 30-C linked to the respective patrimony of affectation.

§ 9º The incorporator shall assure the auditor, physical or legal person, appointed in the terms of § 2nd of the art. 30-B, as well as the Commission of Representatives or the person by it designated, access to all the information necessary for the verification of the amount of the obligations referred to in § 2º of the art. 30-C linked to the respective patrimony of affectation. " (NR)

" Art. 30-E. The Executive Power will be able to regulate the provisions of the arts. 30-C and 30 -D, including establishing ancillary obligations aimed at the control of compliance of the respective standards.

Single paragraph. The National Monetary Council will be able to set specific standards for the opening and moving of the bank account referred to in Paragraph 4th of the art. 30-C. " (NR)

" Art. 30-F. They shall be directed by arbitration, pursuant to the provisions of the Act No 9,307 of September 24, 1996, disputes arising from contracts of real estate incorporation:

I-compulsorily, when relating to the binding of obligations to which they treat the § 2nd of the art. 30-C and the art. 30-D; and

II-facultatively, in the remaining cases. " (NR)

" Art. 30-G. The willing in the arts. 30-C and 30-D applies, exclusively, to the real estate ventures started from September 5, 2001. " (NR)

" Art. 32. ..................................................................................

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§ 2nd The purchase agreements and sale, promise of sale, assignment or promise of assignment of autonomous units are irredeemable and, once registered, confer real right opponent to third parties, ascribed right to compulsory adjudication before the incorporator or whoever succeeding him, including in the hypothesis of insolvency later to the end of the work.

.................................................................................. " (NR)

" Art. 43. ..................................................................................

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VII-in the event of insolvency of the embedding that has opted for the regime of the affectation and not being possible for the majority to proceed in construction, the general assembly could, by the two-thirds vote of the acquirers, deliberate for the sale of the land, the accessions and too much goods and rights ones of the patrimony of affectation, upon auction or other form that establish, distributing among themselves, in the proportion of the resources that have proven to have aported, the net result of the sale, after paid the debts of the patrimony of affection and deducted and handed over to the owner of the terrain the amount that fits you, in the terms of the art. 40; failing to obtain, in the sale, the reposition of the aports effective by the purchasers, readjusted in the form of the law and in accordance with the criteria of the contract entered into with the incorporator, the purchasers shall be privileged creditors by the values of the nonrefundable difference, by responding to the embattled personal assets of the incorporator. " (NR)

" Art. 50. It shall be designated in the construction contract 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 the 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. 30-A, 30-B, 30-C, and 30 -D.

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§ 2º The general assembly could, by the absolute majority of the votes of the acquirers, change the composition of the Commission of Representatives and revoke any of its decisions, re-salvaged the rights of third parties as to the effects already produced.

.................................................................................. " (NR)

Art. 2nd The contributions to the Social Integration and Training Programs of Public Server Heritage (PIS/PASEP) and the Contribution to Social Security Financing (COFINS), due by the legal persons, including by equiparation, of which it treats art. 30 of the Act No 8,981 of January 20, 1995 will follow the same revenue recognition scheme as provided for in the income tax legislation.

Art. 3º This Interim Measlage enters into force on the date of its publication.

Art. 4º It is repealed the "e" of the art. 20 of the Decree-Law No. 73 of November 21, 1966.

Brasilia, September 4, 2001; 180th of the Independence and 113th of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Malan