Atlas · Joint-Stock Companies
Creditors have 10 days to file objections after waiver of the general meeting
AnswerAfter waiving the general meeting of creditors, creditors have 10 days to file objections to the approved judicial recovery plan.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Situation | Objection Deadline | Source | Data of Record |
|---|---|---|---|---|
| Creditors | Waiver of the general meeting of creditors (Art. 56-A, § 1º) | 10 days, counted from judicial notification | Law 11.101/2005, Art. 56-A, § 1º | 09/02/2005 (redaction from Law 14.112/2020) |
Data consulted on 02/10/2026.
Basis
- Law No. 11.101/2005 (Planalto, in Portuguese): Art. 56-A, § 1º, establishes that, if the general meeting of creditors is waived, the judge will notify creditors to file objections within 10 days, replacing the initial deadline set in Art. 55.
How it applies
The 10-day objection deadline applies exclusively when the general meeting of creditors is waived by judicial approval of the recovery plan through an adhesion term (Art. 56-A, caput). In this case, it replaces the 30-day deadline set in Art. 55 for objections to the plan in the assembly.
Limits
- The rule applies only to judicial recovery, not to bankruptcy or other procedures.
- The 10-day deadline is counted from judicial notification, not from the publication of the notice or approval.
- Law 11.101/2005 does not provide for monetary correction or deadline updates; subsequent changes must be verified in the source.
- Objections can only address lack of quorum, illegalities, or failure to meet legal requirements (Art. 56-A, § 3º).
- Law 6.385/1976 (Capital Market) does not apply to this deadline, as it governs a different legal regime.