segunda-feira, 12 de junho, 2017

STJ can change relationship between heirs of Pernambucanas

São Paulo – the legacy of the founding family of the Casas Pernambucanas, one of the most traditional retailers in the Country, back in the spotlight this week, waiting for a decision of the Superior Court of Justice (STJ).
The sentence, which will be given on Wednesday, 14, can open space, if favorable, for the distribution of dividends for part of the heirs of Helen Lundgren, granddaughter of the founder of the company, died in 1990.
The imbroglio was created on the basis of the inventory of Helena, after 27 years of your death, has not yet been completed. Valued at some R $2 billion, the matriarch of the Pernambucanas include, plus 50% of the shares of retailer (which last year recorded revenues of approximately R $3.7 billion), about 250 buildings, say sources.
According to the lawyers, the difficulty to get up the exact value of these assets, most of your graduates for commercial buildings, explains the delay to close the process.
According to a source close to the estate, this is a real "pirate treasure", formed by hotels, farms cattle, jewelry and works of art. Helena was very close to the artist Pernambuco Cícero Dias and would have an important collection of works of the painter.
Division
The granddaughter of the founder of Pernambucanas had three sons – Anita, Robert and Anna Christina Harley-and 50% of owned Casas Pernambucanas, through holdings Nopasa and Zodiac.
In her will, she divided in different proportions to your participation in the company: 25% for Anita, your eldest daughter, and the remaining 25% in equal parts to Robert and Christina.
The other half of the retailer''s stock is in the hands of other heirs of Lundgren, who are not part of this dispute.
Helena still determined in testament that Anita would remain in front of the business and was responsible for distributing part of the profits of the company to the brothers, the order would have been refused.
With the death of Robert, in 1999, who left a wife and five children, and Anna Christina, who died two years later and left four sons, the legacy won new contours, with the entry of the nephews in the dispute of fortune.
Because of non-payment of dividends, the SUPREME COURT decided at the end of 2013 in favour of five children of Robert, opening window for the children of Anna Christina also had the same right.
The values would have to be deposited in court. However, according to the defense of the heirs of Robert Harley, this decision was never fulfilled. Retroactive dividends would be assessed above R $600,000,000.
Forbes
After the death of his mother, Anita became the largest shareholder and parent company of retailer. Discreet, lived for a time in the hotel '' o'' Cad ro, like your mother, and then isolated in a mansion. She is one of the richest entrepreneurs of Brazil, with a fortune estimated by Forbes at $1.6 billion.
Since the end of 2016, however, she is removed from command, after having been sick. The Executive Toshio Kawakami, who was your mother''s right hand, assumed interim presidency of the network, said the Pernambucanas in note. Toshio is also part of the Council. In relation to the legal dispute, the network reported that no comments on questions of shareholders.
The decision of the Supreme Court on Wednesday, and then the process returns to the Court of Justice of Pernambuco. Still fit feature. But, if set the payment of dividends, the decision could change the relationship of forces between the heirs-they can align to resume the power of Anita and attempting to change the control, say sources.
Anita is represented by Quidute, Scavuzzi, Daniel and Light, beyond Modest litigation specialist Carvalhosa, who didn''t comment on the subject.
Already the lawyer Taney Farias, who protects the heirs of Robert, said that the crucial decision was taken by the SUPREME COURT in 2013. Now, you''re going to enforce the payment of dividends to heirs. The information is from the newspaper O Estado de s. Paulo.
Exame - 12/03/2017 Noticia traduzida automaticamente
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