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- Gafisa abstract "Clarification to the Market The 4th Panel of the Superior Court of Justice ( STJ ) upheld the decision which appoints Gafisa S/A responsible for debts of over 50 million of its predecessor, Cimob Companhia Imobiliária S/A ("Cimob", current corporate name of Gafisa Imobiliária S/A). The board unanimously held that there is no way to review the understanding of First and Second level courts that implemented the "reverse piercing of the corporate veil" against Cimob Companhia Imobiliária to reach for and pawn goods from Gafisa S/A, for signs of fraud. In an attempt to defraud their creditors, the net assets of Cimob had been reduced with the incorporation of Gafisa S/A.Gafisa S/A lacks with transparency in their Annual Financial Statement 2013 on page 98 when they state that "the Company is included as successor in enforcement actions and in which the original debtor is a former shareholder of Gafisa, Cimob Companhia Imobiliária (“Cimob”)” [...] and “cannot be held liable for the debt of a company that does not have any relationship with Gafisa. The final decision of the Company's appeal, however, cannot be predicted at this time."The lack of transparency now pointed in the Annual Financial Statement 2013 is verifiable by examining the decision from the Supreme Court with regards to the Special Appeal 1.096.319, which can no longer be appealed against. It confirmed prior decision from the São Paulo Court according to which: "By the facts exposed, there is a very strong business relationship involving the appealing company Gafisa S/A and the other firms withheld in the present legal case, which evidence that 'Gafisa S/A was, in fact and in law, constituted as a projection of the debtors themselves', as stated by the defendant (page 836)" (Source: INFORMATION EXTRACTED FROM THE OFFICIAL WEBSITE OF THE SAO PAULO TRIBUNAL COURT, Interlocutory Appeal No. 9038558-78.2006.8.26.0000) .Moreover , the Supreme Court, when judging the Special Appeal 109631-9, has also entered the understanding that when recognized to apply the Article 50 of the Civil Code to the decisions issued by the original court they may not be reviewed by that court, according to the prohibition imposed by Precedent 5 and 7 of that court.On the other hand, the same Supreme Court has expressly consented to the inclusion of Gafisa S/A in the national register of defaulters, this is due to the existence of legal proceedings against them in the enforcement phase. This Judgment has acquired the authority of a final decision on 08/13/2013 ( REsp 1035060 SP ) .Not only do the above decisions make Gafisa S/A liable for the debts of Cimob, but also serve as a precedent for many other similar cases.0113343-28.2010.8.26.0000 Interlocutory AppealRapporteur: João Carlos GarciaRegion: Sao PauloCourt judge: 9th Chamber of Private LawDate of judgment: 10/08/2010Date of registration: 21/09/2010Other numbers: 990101133431Summary: Interlocutory Appeal - Request for piercing the corporate veil between companies of the same group ( ClMOB / GAFISA ) - Law suit dismissed - Decision appealed by the plaintiff in the case of compensation brought towards the defendant - Successive ownership changes that signal to form new and prosperous society instead of the former, which fall on the pending litigation - Sharp intention to frustrate the liquidity of outstanding credits - Promiscuous corporate and asset envisioning - Application of Art. 28 , § 5 , CDC - Reformed Decision - Appeal accepted.0087023-38.2010.8.26.0000 Interlocutory AppealRapporteur: Percival NogueiraRegion: Sao PauloÓrgão julgador: 6th Chamber of Private LawData do julgamento: 24/06/2010Data de registro: 05/07/2010Outros números: 990100870238Summary: COMPLIANCE OF SENTENCE piercing the corporate veil - Extension of the effects of implementing a company comprising the same group - Group equity confusion and corporate manoeuvres make credit liquidity unfeasible – Compensation penalty charge - the Court Precedent - Decision maintained - Appeal refused.(Amongst others)Gafisa is a fourth largest Brazilian residential construction and real estate company, after Cyrela Brazil Realty, PDG S.A. MRV Engenharia and Brookfield Incorporações. It is based in São Paulo and present in various cities of Brazil. In the market since 1954 and specializes in projects of high standard, is also holding a number of other companies. Gafisa's predecessor company is Cimob Companhia Imobiliária (formerly known as Gafisa Participações S.A.), from whom Gafisa S.A. inherited brand name, assets, liabilities and market position.".
- Gafisa foundingYear "1954".
- Gafisa industry Construction.
- Gafisa industry Real_estate.
- Gafisa keyPerson Chairman.
- Gafisa keyPerson Chief_executive_officer.
- Gafisa location Brazil.
- Gafisa location S%C3%A3o_Paulo.
- Gafisa netIncome "3.671E8".
- Gafisa numberOfEmployees "4500".
- Gafisa product House-building.
- Gafisa revenue "1.0E9".
- Gafisa subsidiary Construtora_Tenda.
- Gafisa type S.A._(corporation).
- Gafisa wikiPageExternalLink www.gafisa.com.br.
- Gafisa wikiPageID "23204584".
- Gafisa wikiPageRevisionID "606786766".
- Gafisa foundation "1954".
- Gafisa hasPhotoCollection Gafisa.
- Gafisa homepage www.gafisa.com.br.
- Gafisa industry "Real estate and residential construction".
- Gafisa keyPeople "Alceu Duilio Calciolari,".
- Gafisa keyPeople "Gary Garrabrant,".
- Gafisa location Brazil.
- Gafisa location São_Paulo.
- Gafisa logo File:Gafisa_logo.svg.
- Gafisa name "Gafisa SA".
- Gafisa netIncome "US$ 367.1 million".
- Gafisa numEmployees "4500".
- Gafisa products House-building.
- Gafisa revenue "US$ 1.0 billion".
- Gafisa subsid Construtora_Tenda.
- Gafisa type S.A._(corporation).
- Gafisa subject Category:Companies_based_in_São_Paulo.
- Gafisa subject Category:Companies_established_in_1954.
- Gafisa subject Category:Companies_listed_on_the_New_York_Stock_Exchange.
- Gafisa subject Category:Companies_listed_on_the_São_Paulo_Stock_Exchange.
- Gafisa subject Category:Real_estate_companies_of_Brazil.
- Gafisa type Abstraction100002137.
- Gafisa type CompaniesBasedInS%C3%A3oPaulo.
- Gafisa type CompaniesListedOnTheS%C3%A3oPauloStockExchange.
- Gafisa type CompaniesOfBrazil.
- Gafisa type Company108058098.
- Gafisa type Group100031264.
- Gafisa type Institution108053576.
- Gafisa type Organization108008335.
- Gafisa type RealEstateCompaniesOfBrazil.
- Gafisa type SocialGroup107950920.
- Gafisa type YagoLegalActor.
- Gafisa type YagoLegalActorGeo.
- Gafisa type YagoPermanentlyLocatedEntity.
- Gafisa type Agent.
- Gafisa type Company.
- Gafisa type Organisation.
- Gafisa type Organization.
- Gafisa type Agent.
- Gafisa type SocialPerson.
- Gafisa type Thing.
- Gafisa comment "Clarification to the Market The 4th Panel of the Superior Court of Justice ( STJ ) upheld the decision which appoints Gafisa S/A responsible for debts of over 50 million of its predecessor, Cimob Companhia Imobiliária S/A ("Cimob", current corporate name of Gafisa Imobiliária S/A).".
- Gafisa label "Gafisa".
- Gafisa label "Gafisa".
- Gafisa label "Gafisa".
- Gafisa label "ガフィーザ".
- Gafisa sameAs Gafisa.
- Gafisa sameAs ガフィーザ.
- Gafisa sameAs Gafisa.
- Gafisa sameAs m.065_m99.
- Gafisa sameAs Q3064078.
- Gafisa sameAs Q3064078.
- Gafisa sameAs Gafisa.
- Gafisa wasDerivedFrom Gafisa?oldid=606786766.
- Gafisa homepage www.gafisa.com.br.
- Gafisa isPrimaryTopicOf Gafisa.
- Gafisa name "Gafisa SA".