Giulia Keese Montanhes
Lawyer at Marcos Martins Advogados
In the same vein as CVM Instruction 622 of April this year, which approved the holding of digital meetings in publicly traded companies, CVM Instruction 625 , published on May 14, provides for remote participation and voting in meetings of debenture holders The new instruction also regulates the holding of such meetings partially or exclusively digitally
In addition to rules for call notices, the instruction introduces formalities for filling in the minutes, which must indicate the number of votes in favor, against and abstentions on each matter debated at the meeting.
In virtual meetings, the company or the person calling the meeting must ensure that the electronic system used records the attendance of debenture holders and their votes, the possibility of simultaneous expression and access to documents presented during the meeting that have not been made available previously, the possibility of communication between debenture holders and the full recording of the meeting.
The measure, which will also apply to holders of promissory notes, CRIs (Real Estate Receivables Certificates) and CRAs (Agribusiness Receivables Certificates), accompanies other CVM initiatives in response to the Covid-19 pandemic and streamlines and optimizes the practice of important corporate routines.
