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Atlas · Corporations

Within 60 days after the publication of incorporation or merger acts, the prejudiced creditor may request annulment

AnswerThe prior creditor prejudiced by an incorporation or merger may judicially request the annulment of the operation within up to 60 days after the publication of the acts related to the operation.

Reviewed on 2026-10-02 · next review 2027-04-02

Data

WhoCriterionConsequenceSourceData date
Prior prejudiced creditorPublished incorporation or merger operationDeadline of up to 60 days to judicially request the annulment of the operation, forfeiting the right if not exercisedLaw 6.404/1976, art. 23215/12/1976

Data consulted on 02/10/2026.

Basis

How it applies

The creditor who considers themselves prejudiced by acts of incorporation or merger has a deadline of up to 60 days, counted from the date of publication of the operation's acts, to file the annulment claim. If the deadline expires without filing the measure, the right lapses due to forfeiture. The law also provides that the deposit of the amount in payment precludes the requested annulment, and, if the debt is unliquidated, the company may secure enforcement to suspend the annulment process.

Limits

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