Atlas · Joint‑stock companies
Participation of beneficiary shareholders in profits is limited to 10%
AnswerThe annual participation assigned to beneficiary shareholders, including the portion reserved for redemption, cannot exceed 0.1 (or 10%) of the company's annual profits.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Quem | Critério | Limite | Fonte | Data do dado |
|---|---|---|---|---|
| Partes beneficiárias | Participação nos lucros | Máximo de 0,1 (um décimo) dos lucros anuais | Lei 6.404/1976, art. 46, § 2.º | 15/12/1976 |
Data consulted on 02/10/2026.
Base
- Lei n.º 6.404/1976, compilada (Planalto, in Portuguese): the article 46 establishes the characteristics of beneficiary shareholders, defining that their participation in profits, including for redemption reserve, is limited to one‑tenth of the profits.
How it applies
Beneficiary shareholders are negotiable securities without par value, unrelated to the share capital, that grant their holders a contingent credit right against the company. The calculation of this participation must observe the 10 % limit on annual profits. If the bylaws provide for a redemption reserve for these securities, the amount allocated to that reserve must also be contained within this percentage limit. Participation is determined sequentially, first deducting losses and income tax, and observing the legal preference order for other statutory participations (such as those of employees and managers).
Limits
- The sheet does not cover the validity or issuance of beneficiary shares by publicly traded companies, which is prohibited under article 47, sole paragraph, of Law 6.404/1976.
- The sheet does not address taxation rules or specific accounting procedures beyond the established percentage limit.
- The provisions reflect the text of Law 6.404/1976; any subsequent legislative changes or specific regulations should be consulted directly on the Planalto portal.