Uncertain Future For Limited Company Debentures

The year 2013 was over and the discussion about the possibility of issuing debentures by limited liability companies gained a new chapter with the proposal of PL 6322/13 by Deputy Carlos Bezerra, PMDB / MT. After the analysis of proposals and substitutes, the project was approved by the Constitution and Justice and Citizenship Committee in April 2018, including a proposal for the issuance of these securities by limited companies to be included in the text of Law 10.406 / 02 (Civil Code), with the inclusion of art. 1.084-A, where it remains.

Today, almost six years after the project was introduced, the creation - or at least the non-prohibition of use - of more efficient capitalization mechanisms for limited companies, the most representative corporate type in the domestic market, is still being discussed. It is no exaggeration to assume that, especially in relation to debentures, the claim for the possibility of issuance by limited liability companies coincides with