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Calama, V. Meneses Falcão & Associados
Complaint regarding the endorsement given by the company manager.
Validity of the termination of a personal guarantee provided in a promissory note.
According to a ruling by the Supreme Court of Justice published on January 8th, the managing partner of a company is not liable to the bank or any other creditor for an open-ended guarantee on a blank promissory note if they have relinquished their liability before the note was completed, following the loss, for any reason, of their status as a partner or managing partner of the guaranteed company. However, the relinquishment will only have future effects; that is, the release will only be effective in relation to amounts claimed after the relinquishment takes effect.
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