Atlas · Governance
Judicial administrator's remuneration cannot exceed 5% of the amount owed to creditors or the sale value of assets in bankruptcy
AnswerThe maximum percentage paid to the judicial administrator is 5% of the amount owed to creditors in judicial recovery or the sale value of assets in bankruptcy.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Remuneration limit | Source | Data of the data |
|---|---|---|---|
| Judicial administrator | 5% of the amount owed to creditors subject to judicial recovery or the sale value of assets in bankruptcy | Law 11.101/2005, art. 24, § 1º | 09/02/2005 |
| Judicial administrator in microenterprises or small businesses | 2% of the amount owed to creditors or the sale value of assets | Law 11.101/2005, art. 24, § 5º (included by LC 147/2014) | 09/04/2014 |
Data consulted on 02/10/2026.
Basis
- Law No. 11.101/2005 (Planalto, in Portuguese): Art. 24 establishes that the judge will set the judicial administrator's remuneration, observing maximum limits of 5% (general rule) or 2% (microenterprises and small businesses), in addition to other conditions.
How it applies
The judicial administrator's remuneration is limited to 5% of the amount owed to creditors in judicial recovery or the sale value of assets in bankruptcy. In cases of microenterprises or small businesses, the limit drops to 2%. The judge defines the amount and payment method, considering the debtor's capacity, the complexity of the work, and market values.
Limits
- The 5% limit does not apply if the administrator is replaced without just cause or is removed due to negligence, fault, fraud, or failure to fulfill obligations (art. 24, § 3º).
- For microenterprises or small businesses, the limit is reduced to 2%, provided the company meets the criteria of LC 147/2014.
- The remuneration is divided into installments, with 40% reserved for payment after compliance with arts. 154 and 155 of Law 11.101/2005 (art. 24, § 2º).
- This document does not cover remuneration set in private contracts or by sectoral regulatory bodies.
- Subsequent changes should be verified in Law 11.101/2005 and LC 147/2014.