The Court of Justice of Minas Gerais published a new ordinance that provides for the registration of legal entities governed by private law to receive summonses electronically. The purpose of registration is to enable service of process electronically, without the need to send letters or court officials.
Term
In the case of TJMG, the deadline for registration ends in February 23rd, 2020.
Who should register
Registration is mandatory for any private companies that are not covered by the differentiated microenterprise (ME) or small business (EPP) regimes. For ME and EPP, registration is optional.
How it works
The company registers in the TJMG system, indicating who is responsible for receiving citations. After registration, citations are sent electronically in the name of the person responsible. From sending the summons, there is a period of 10 calendar days to access the system and register your awareness of the existence of the process. After this period has elapsed, the acknowledgment will be automatically registered, and the citation will be considered effective.
Advantages and disadvantages
In the case of companies, jurisprudence understands that the simple delivery of the postal letter of summons to the correct address is enough to consider the procedural act valid, making it capable of producing effects (presentation of defense, appeals, compliance with preliminary decisions, payments etc.). Registration concentrates the receipt of citations by a specific person and in a single way (electronically). This avoids the risk of the citation being delivered to the company, and not sent internally to the responsible sector. On the other hand, the total time for adopting the measures to be taken in the face of a legal action until, for example, the presentation of a defense tends to be reduced.
Civil and Business Content Team