Alternativas para constituição de garantia sobre direitos de crédito em favor de credores estrangeiros em operações de project finance de plataformas e sondas de perfuração

• Autor(a) principal: Fernandes, Victor de Oliveira
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional do FGV (FGV Repositório Digital)
• Texto Completo: http://hdl.handle.net/10438/16417
• topic: Cessão de crédito; Recuperação judicial; Financiamento; Garantias; Direito; Máquinas de perfuração; Contratos

This work’s scope is to analyze the structure of the contracts used in connection with production platforms and drilling rigs in Brazil and manners by which the financiers can have access to the receivables arising from the chartering of such equipment. The structure of the transaction is usually set up by the entry into a charter agreement, with a foreign special purpose company (SPC), and a services agreement, with a related company established in Brazil. The financing is structure as an international project finance, in which the SPC borrows funds from foreign banks for paying the construction. The receivables arising out of the charter agreement are then used for paying the financing. This paper analyses the main characteristics of the four contract arrangements by which financiers may ensure access to the receivables and reviews the main reasons for their use and the risks relating to them, especially in view of the possibility that the SPC becomes party to a judicial recuperation or bankruptcy in Brazil as a result of the insolvency of its controllers, when they are established in Brazilian. The four arrangements reviewed are the assignment of credits governed by the rules of the Civil Code (Law n. 10,406/2002), fiduciary assignment of credit rights, as set forth by article 66-B of Law n. 4,728/1965, pledge of rights and contracts governed by foreign laws.