---
slug: prazo-cumprimento-quorum-extrajudicial
lang: en
titulo: Unwaivable 90-day deadline to achieve quorum for adherence to an out-of-court recovery plan
resposta: The unwaivable deadline to achieve the quorum for adherence to an out-of-court recovery plan is 90 days, counted from the date of the judicial homologation request.
curto: 90-day unwaivable deadline
tema: Governance
revisada: 2026-10-02
proxima: 2027-04-02
---

## Data
| Who | Criterion | Consequence | Source | Data of record |
|---|---|---|---|---|
| Debtor | Judicial homologation request for the out-of-court recovery plan | Unwaivable 90-day deadline to achieve the quorum of creditor adherence (3/5 of credits per class) | Law No. 11.101/2005, Art. 163, § 7 (amended by Law No. 14.112/2020) | 09/02/2005 |

Data consulted on 02/10/2026.

## Basis
- [Law No. 11.101/2005 (Planalto, in Portuguese)](https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2005/lei/l11101.htm): Art. 163, § 7, states that the debtor may submit the homologation request with the approval of creditors representing at least 1/3 of the credits per class, provided they commit to reaching the 3/5 quorum of credits within 90 days, under penalty of conversion to judicial recovery.

## How it applies
The 90-day period begins from the date of the judicial homologation request for the out-of-court recovery plan. During this time, the debtor must secure creditor adherence to reach the minimum quorum of 3/5 of the credits per class (Art. 163, caput). If the quorum is not met within the deadline, the procedure will automatically convert to judicial recovery, at the debtor’s request.

## Limits
- The 90-day deadline is unwaivable and cannot be extended by law or agreement.
- The 3/5 credit quorum must be calculated per credit class, excluding credits held by related parties under Art. 43 of Law 11.101/2005 (e.g., controlling shareholders, administrators).
- § 7 of Art. 163 does not apply to credits not included in the plan, which cannot have their value or conditions altered.
- Changes after Law 14.112/2020 must be verified in the official source (Planalto).
- This document does not cover deadlines or quorums for judicial recovery (Art. 56, § 1, of Law 11.101/2005), which has distinct rules.