THE PERFORMANCE AREA

The LYBOR LANDGRAF’s lawyers are experts in the Development Credit Banking Law field.

The vice-president who heads in loco all the work with the LYBOR’S staff lawyers is the lawyer Henrique Jambiski, lecturer and program presenter in the legal area in our specialty in TV Record and Rural Channel, at the national level.

The provision of legal services to our customers is specifically in Development Credit [Rural Credit, Industrial Credit, Development of Commercial Credit - Commercial Credit Certificate (Law No. 6,840 / 80)] field and in DEBT BANKING IN GENERAL field.

DEVELOPMENT CREDIT: Legislation of the National System of Rural Credit, Industrial Credit and Commercial Development Credit. Rural Debts: renegotiation, Securitization, PESA Plan (20 years) and Judicial Review, Collor Plan and other material rights of the farmers. Audit to repeat undue originating Debt and Securitization - Law no. 9,138 / 95. Regulatory resolutions of the Rural Moratorium Act. Changes in contractual terms and charges. Judicial review and compulsory stretching. Rural credit lines: Constitutional Funds (FCO, FNO and FNE), Own Resources, Finame, Funcafé, Prodecer, Costing, BNDES and other types of rural, industrial and commercial financing. Dollar contracts in general ( "63 caipira" Bank Resolutions 2148/95, 2483/98, among others). CPR (Rural Product Certificate) and purchase and sale of future crop (GREEN SOY). Plan PESA: Stretching in 20 years. Extension for framing. Resolutions of the Central Bank. Excessive securitization and elongated debts. Recalculation from the beginning. Confession of Rural Industrial Debt or in public deed. Review with partial nullity (Article 184 CCb.) clauses and confessed values that violated cogent norms (public order) that guide the Rural Credit Laws and Industrial Credit - under the aegis of credits subsidized and regulated by the state.

BANKING LAW: overdraft, hot money, loan, personal loans, credit cards, overdraft accounts, confession/assumption of debt, promissory notes discount /bills, import bills, bank guarantee contracts, Fiduciary Alienation Agreements, Leasing Contracts, Opening Agreements Credit in general (fixed and rotary), among others.

Clauses and Values ​​Review on Rural Credit Titles, Industrial and / or Commercial. Recalculation in Undue Repetition. Management for Securitization. PESA. Law n. 1077/2001 (FCO, FNE and FNO). Repeat Misuse Action in Rural Credit and/or Industrial with Precept Compensatory (arts. 1009 and 369, CCb). Constitutive Negative-PESA, Securitization and "master tickets" in Deed Acknowledgment of Debt. Recalculation of Debtor and Third Rural Credit, Industrial and Commercial Credit Support. Twenty years management in the securities of Rural Credit with compensatory request in PESA and Securitization. Stay precautionary the Asset possession recorded Pledge or liens. Rural pawn, Industrial pawn. "Green Soy" Deposit action that converts into mutual action when it comes to fungible (in "green soy letters"). Promissory Note and Rural CRPH. Title of duplicity and appropriate action. Constitutive negative nominated actions to declare the illegality of: conventional interest above set by the CMN - National Monetary Council (Farm Credit, Industrial Credit and Commercial Development); illegal rates; Illegal capitalization (out of date set by law); the Anatocism (Precedent-specific STF); delinquency charges (violation of Article 5, sole paragraph of Decree-Law regulating the Rural Credit.); interest rates used as indexation rates (TR, TJLP, IRP, TBF, among others). Nullity of MP Bank and resolutions that violate the principle of legality and of the Standards Hierarchy Principle. Request for waiver of fines for breach of the Credit Development standards. Credit and equity protection (Balance Shield). Confession of debts. PESA interest. infra-constitutional legislation, MCR (Rural Credit Manual), MCI (Industrial Credit Manual), resolutions, letters, circulars and circulars of the National Rural Credit System by the Central Bank, Complementary Law Banking Reform Law, Provisional Measures, Decrees and Decrees laws relevant to the Credit and Development Banking. Banking Reform Law, Law of the National System of Rural Credit, Development Credit Laws (Rural and Industrial): Law 4,829 / 65, Decree 58 380/66, Decree-Law 167/67, Law 8,171 / 91 - Agricultural Policy Act Law 8,880 / 94, Law 9,138 / 95 - Law of Securitization, Brazilian Central Bank Resolution 2471, as amended (Rural Moratorium / PESA), Law on Constitutional Funds - Law 7.827 / 89 and following, and Law Moratorium these funds - 10,177 / 2001 and related, “Funcafé” Legislation, PRODECER Legislation, Agricultural Pledge (prison), BNDES, credits Desk, contracts in dollars, Resolutions "63 Grit," 2,148 / 95, 2,483 / 98, Annual Law of SNCR and MCR (Manual Rural credit), Industrial credit law, Decree-law 413/69, Decree 22.626 / 33 - Usury law, law 6,840 / 80 (Commercial Certificate of Promotion), Export Certificate, the Cooperative law System and credit Transfer law the RECOOP, Sugarcane Financing (Cana: Investment and then Costing), Green Soybeans, Collateral, CPR - Rural Product Note, Operations in Foreign Currency, Rural Financing unnamed. SUMMARY OF STJ CAP, SUMMARY OF THE ANATOCISM STF, STJ SUMMARY OF THE STAY COMMISSION MONETARY CORRECTION PRECEDENT IN RURAL CREDIT STJ, STJ SUMMARY OF 576 and others. Central Bank resolutions on Credit Promotion: 2,471, 2,512, 2,589, 2,634, 2,705, 2,847, 2,902; Provisional Measures: MP n. 2196, MP n. 09, MP n. 15 and MP n. 24, as well as their respective conversions Law, among others.

BANKING LAW GENERAL: Financial Audit (recalculation AND REVIEW OF BANK DEBT): Current Account Overdraft, Hot Money, Credit Card, bank contracts Credit Facility, Financing in general, Leasing, Leasing, Collateral, credit protection and equity, Illegality in adhesion contracts and Clause choice of forum. Consumer Protection Code and the limitation of the principle of huge injury. Works based on official charts on compound interest, illegal capitalization, bank profits and comparative tables between price, product, inflation and compensatory interest, among others.

EXPERTISE: Evaluation of Legal quantum: technical legal and financial analysis: technical and legal recalculation of outstanding debts and unpaid debts and / or renegotiated the agreements described above, from the outset, in order to point out the legal/real debt value expertise by adjustment of contract terms expertise specific legislation governing it. In the case of unpaid debts, the expertise point the amount paid too much, enabling option by repeating the overpayment paid (this service will be considered case by case).