In the year in which the amount of the mandatory dividend, calculated in accordance with the articles of association or Article 202 of the SA Act, exceeds the realised part of the net profit for the financial year, the general meeting may, on a proposal from the administrative bodies, allocate the surplus to the formation of undistributed profits. In order to meet national biodiversity targets or reduce greenhouse gas emissions, the executive may, on the basis of the EES, increase the reserve up to 50% of the expected rates. Mandatory limit of the legal reserve: The legal reserve is obligatorily created by the company until its© limit reaches 20% of the realized capital, at which time it is no longer increased. Mandatory legal reserve limit = 20% of the share capital Mandatory legal reserve limit = 500,000 * 20% = R$ 100,000.00 If indicated by the EE (Ecological-Economic Zoning) of the State, the federal executive may reduce the reserve required in the Amazon in order to regularize the consolidated rural area. The index can be reduced from 80% to 50%, excluding priority areas for biodiversity conservation, water resources and ecological corridors. The landowner applying for CRA is responsible for conservation and can create a sustainable forest management plan to explore the area. The text of the new forestry law (PL 1876/99), adopted by Parliament on Tuesday, allows the regularization of the legal reserve in various ways, even without respecting the PRA (Environmental Regulation Program). The extinction of legal reserves will lead to a considerable increase in the loss of native vegetation, with obvious consequences for biodiversity conservation and the provision of ecosystem services. In order to define the area for legal reserve, the owner may fully include the Permanent Conservation Area (APP) in the calculation if this does not cause further deforestation, if the FPA is preserved or being restored, and if the property is registered in the CAR (Rural Environmental Register). Suppose the fictitious company XYZ Alimentos has a registered capital of 100 million reais. In 2019, it had a year of great performance and an estimated net profit of R$480 million.
Let`s say the company already has 8 million reais in its legal reserve account. The main function of the legal reserve is to protect the company`s share capital. It can only be used for two things: to compensate for losses or to increase social capital. I have an area of 6 Alqueels in Paraná, about this new forest law, what would be the reserve area I should have!!!?, For example, if the legal reserve balance is R$100 million, the capital reserve accounts have R$250 million and the registered capital is R$1 billion, You don`t need to get anything out of the bottom line in this fiscal year. Because the sum of the amounts exceeds 30% of the share capital. This reserve is obligatorily created by the company until its value reaches 20% of the capital realized, when it is no longer increased. “The Central African Republic is a more effective tool for controlling environmental reserve quotas than registration when registering the property, as it is managed in a computerized system,” said Jose Mario Schreiner. “It is inconsistent to allow control of the legal reserve only by the Central African Republic and to require land registration for the environmental reserve quota.” According to the rapporteur, the obligation to record quotas is not compatible with the simplified treatment whereby the forestry law bought a thousand-metre chacara with an additional 400 metres of legal reserve for the legal reserve. Can I surround the Chacara on the Legal Resaerva 400m? According to the text of the new Forest Act (PL 1876/99), which was approved by the Federal Chamber on Tuesday (24/05), landowners who explore land with up to four tax modules in the family regime will be able to maintain the area of native vegetation existing on 22 July 2008 for the purposes of the legal reserve. Hi Marcos, no, the legal reserve cannot consist of fruit. Contact your local environmental authority to find out how to proceed.
Remember that the capital reserve is a 4th option to compensate for accumulated prejudices, optional (the first 3 – profit, retained earnings and legal reserve©, ©in that order – are mandatory!). According to the law of S/A, they are classified as retained profits: the most important change took place in 2000 by MP 1.956-50, which required a legal reserve of 80% of the property in the legal Amazon instead of the previous 50%. The text also provides that the quota used to balance the legal reserve can only be cancelled if another reserve is made for the property.