---
slug: prazo-agente-fiduciario-notificacao
lang: en
titulo: Maximum deadline for trustee to notify default is 60 days
resposta: The trustee must notify debentureholders of any default regarding the issuance deed within a maximum of 60 days. This ensures that the representative acts promptly to protect the interests of the entire debentureholders' community after identifying the breach.
curto: Default notification
tema: Capital markets
revisada: 2026-10-02
proxima: 2027-04-02
---
## Data
| Who | Criterion | Consequence | Source | Data date |
|---|---|---|---|---|
| Trustee | Default by company regarding issuance deed obligations | Notify debentureholders within 60 days | Lei 6.404/1976, art. 68, § 1.º, c | 15/12/1976 |

Data consulted on 02/10/2026.

## Basis
- [Lei n.º 6.404/1976, compiled (Planalto, in Portuguese)](https://www.planalto.gov.br/ccivil_03/leis/l6404compilada.htm): Article 68, § 1.º, item "c", establishes the trustee's duty to notify debentureholders of the company's default within a maximum period of 60 days.

## How it applies
The trustee serves as the legal representative of the debentureholders, tasked with safeguarding their rights and monitoring compliance with the issuance deed. Upon detecting a default, the trustee must trigger the notification process. This mechanism ensures that investors are informed about the issuer's financial or operational failure to meet agreed-upon obligations. The 60-day period serves as the mandatory legal ceiling, ensuring a standardized timeframe for communication. The specific operational procedures for this notice are often detailed within the issuance deed itself, provided they do not exceed the statutory limit. The trustee's primary role remains proactive oversight of the issuer's adherence to all contractual covenants specified in the deed, ensuring that any delay in reporting does not compromise the recovery of credits or the legal actions available to the debentureholders.

## Limits
- The card is limited to the notification rule regarding default prescribed in Article 68, § 1.º, "c", of Lei 6.404/1976.
- The norm does not exclude additional transparency duties or shorter deadlines that may be set by CVM or the issuance deed itself.
- Subsequent changes after the date of this consultation must be verified directly on the official source (Planalto).