Producers must be aware of the rules for granting credit under the Safra Plan

After the announcement of the Harvest Plan made by the federal government last Wednesday, June 29, the producer must now take some precautions regarding taking this credit, paying attention to practical issues and legal aspects when contracting with financial institutions. The statement was made by lawyer Frederico Buss, partner at HBS Advogados.

The specialist reinforces that rural credit must be released directly to the borrower in one go or in installments, according to the needs of the enterprise, with the payment term and schedule established depending on the beneficiary's payment capacity, so that the maturities coincide with the normal times for obtaining income from the assisted activity. "Guarantees, subject to certain standards specific to investment lines, must be adjusted in compatibility with the values, nature and term of the credit, with the requirement for abusive guarantees being prohibited", he highlights.

Regarding free or uncontrolled interest, Buss recalls that the courts, in several rulings, have maintained the understanding that, in the case of omission by the National Monetary Council (CMN), the limit of 12% per year prevails. Regarding insurance, the most comprehensive modality is agricultural insurance, intended to cover losses mainly arising from climatic factors that impact productivity. "It is important to highlight, at this point, the producer's right to choose, who is not obliged to accept the insurer linked to the financial institution, that is, he has the right to choose among the insurers qualified to operate with rural insurance", he notes.

The lawyer recommends that the producer, when taking out insurance, make a comparison between at least two insurance companies, paying attention to the peculiarities of their activity and details such as covered risks, excluded risks, level of coverage, premium payment, obligations of the insured, communication of accident (form, deadlines, inspection). The producer, in turn, when contracting, must ensure the accuracy of the information expressed in the policy relating to the insured crop and immediately communicate any changes.

Another point that deserves the producer's attention when taking out credit, according to the specialist, is the so-called tied sale, an illegal procedure that occurs when the financial institution, at the time of formalizing a rural credit contract, conditions the release of the resource or requires the financed to contract products. Examples include life insurance, home insurance, credit life insurance, capitalization bonds, consortiums, investment funds, private pension plans, among other services not related to rural credit.

Buss also highlights that the Rural Credit Manual prohibits the granting of rural credit in some situations. These include producers who are not registered or whose registration is canceled in the Rural Environmental Registry (CAR), enterprises wholly or partially included in a Conservation Unit, unless the economic activity is in accordance with the Unit's Management Plan. of Conservation.

Furthermore, producers with enterprises whose area is wholly or partially located on indigenous land cannot make use of this tool, highlighting that only lands traditionally occupied by Indians are considered to be those already approved by decree of the President of the Republic and enterprises whose total area is or partially inserted in lands occupied and titled by remnants of quilombo communities. "In conclusion, it is recommended that rural producers, in order to avoid future problems, have accurate information about their rights and duties when contracting financing", concludes the lawyer.