Atlas · Corporations
60-day deadline for shareholder reimbursement after expropriation of control by a public legal entity
AnswerShareholders have 60 days to request reimbursement after expropriation.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Scenario | Deadline | Starting Point | Source | Data Date |
|---|---|---|---|---|
| Expropriation of control by a public legal entity | 60 days | Publication of the first general assembly minutes after control acquisition | Lei 6.404/1976, art. 230, parágrafo único | 15/12/1976 |
Data consulted on 02/10/2026.
Basis
- Lei n.º 6.404/1976, compilada (Planalto, in Portuguese): art. 230, parágrafo único, establishes the right to reimbursement and the respective deadline for shareholders when company control is acquired via expropriation by a public legal entity.
How it applies
The right to reimbursement is granted to shareholders when a public legal entity assumes control of an operating company through expropriation. Exercise of this right must occur within 60 days from the publication date of the minutes of the first general assembly held after the effective transfer of control. This specific statutory safeguard ensures that dissenting or affected shareholders are provided a defined legal window to seek financial redress under the provisions set forth by Brazilian corporate legislation governing public entity interventions and corporate control acquisitions.
Limits
- The right to reimbursement does not apply if the company is already under direct or indirect control of another public legal entity.
- The provision does not apply in the case of a public service concessionaire.
- This sheet is limited to the deadline and the expropriation condition provided in art. 230 of Lei 6.404/1976; other reimbursement scenarios or control changes follow distinct provisions of the same law.
- Information is based on the law version available on Planalto; subsequent legislative updates must be verified at the official source to guarantee ongoing legal compliance and accurate chronological application of these rules.