The fact that CNPJs and the people registered in the records

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There is an interesting case that has come to our attention. In an arbitration proceeding, a minority shareholder alleged that the company's management, under the influence of the controlling shareholder, was engaging in an illegal maneuver. Larger cash inflows, i.e., larger inflows of money, were followed by almost simultaneous transactions with other companies and, through these, there was an immediate cash outflow, damaging the company's liquidity, its results and, more than that, its ability to meet its obligations.


This practice was allegedly verified with cash inflows of various natures, including capitalization (which was considered simulated), financing and receipt of payments. In a similar case that occurred in another sms gateway estonia company, the accusation was that a similar formula was intended to shield liquid assets (cash in the cash register), making executions difficult, particularly in view of the option of maintaining a leveraged business activity, i.e., a highly indebted company; in general, debts not yet due that were rolled over to perpetuate a scheme that was harmful to third parties.

In both cases, the real purpose of the secondary transactions, carried out with other companies (composing a scheme? a de facto system ? a structure that supports false conceptions?) would be to drain the liquid assets (money), placing them beyond the reach of third parties (partners and creditors, in this case; it could be a sharecropper, of course). Note that there are cases in which the secondary transactions are carried out with affiliated companies, whether controlled or not (mere equity interest), including in the form of capital contribution, always with the purpose of creating an intermediary between the interested third party and access to liquid assets, making execution difficult. In many cases, the number of transactions between companies, affiliated or not, creates a difficulty. Among several regular transactions, there are deals designed to divert assets. And the key is to understand the scheme, because then it collapses like a house of cards.