Contrato de consórcio como objeto de perícia econômico-financeira

Abstract

The objective of this study was to revise a (real) Consortium agreement entered into between a large financial institution and a banking client through expert techniques to identify whether the contract administration rate converges with Decree No. 70.951 / 72, which provides that expenses of civilian purposes may not exceed twelve percent (12%) of the value of the good, when it is priced at up to fifty (50) times the local minimum wage, and at ten percent (10 %) for a price higher than this limit, and that if the companies that organize the consortium also market or manufacture the good, they will only be able to charge the costs of effective and proven management with the management of the consortium, up to half of the fees established above. The results indicate that the bank charged a rate of 14.5% at the beginning of the contract and 29% after the offer of the bid by the client. That is, administration fee charged in an abusive manner. The differences between what was paid - charged illegally by the institution - and what should actually be paid between the contract date (04/05/2013) and January 2017 (when the customer claimed the rights with the company) , updated by the National Indices of Consumer Prices - generate an amount of R $ 2,075.65, which double - Article 42 CDC - amounts to R $ 4,151.31, in the event of a return by the administrator of the consortium .