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
| Who | Criterion | Consequence | Source | Data date |
|---|---|---|---|---|
| Prior prejudiced creditor | Published incorporation or merger operation | Deadline of up to 60 days to judicially request the annulment of the operation, forfeiting the right if not exercised | Law 6.404/1976, art. 232 | 15/12/1976 |
Data consulted on 02/10/2026.
Basis
- Law No. 6.404/1976, compiled (Planalto, in Portuguese): art. 232 establishes that up to 60 days after the publication of acts related to incorporation or merger, the prior creditor prejudiced by it may judicially request the annulment of the operation.
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
- This sheet exclusively covers the deadline and the right of annulment by creditors in incorporation or merger operations according to the cited article, not covering spin-off rules or other corporate procedures.
- The version read is the one published by Planalto; subsequent amendments must be checked at the official source.