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While Eike Batista’s OSX Signs New Contract and Continues Operating at Porto do Açu, the Former Billionaire Battles to Save His Last Billion to Pay MMX Creditors

Written by Flavia Marinho
Published on 25/05/2022 at 15:50
Eike - china - chineses - mineração - óleo e gás - energia - infraestrutura - emprego - porto do açu
Eike segredo do sucesso – imagem Uol
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Eike Reached the Position of the Richest Person in Brazil and the Eighth Richest in the World, According to Forbes Magazine’s Ranking. In 2011, He Had a Fortune of US$ 31 Billion.

According to information from the newspaper Terceira Via, OSX – which has never left the Port of Açu, still controlled by Eike Batista, the project’s mentor, continues to operate the port complex. Last Friday (20), the start of the installation works of Go Tratch and Alíseo (Consortium 3T) in the OSX area at the Port of Açu was officially announced. Alíseo will build a flexible base, while Go Tratch operates in the environmental area. The two companies are investing over R$ 425 million and generating about 2,000 direct and indirect jobs, which will add to the current 7,000 workers at the Port of Açu. Definitely, in a more modest way, it is a return to the project he conceived in São João da Barra. Meanwhile, Eike Batista enters into a battle with a former OGX director to save his last billion. Conflict arose in a fund holding debentures given in guarantee to a plea bargain that could pay MMX creditors.

Eike Estimates He Can Get More Than R$ 1.5 Billion from the Sale of Anglo American Debentures

According to an article by Josette Goulart from Veja magazine, former billionaire Eike Batista is convinced that the fund holding the Anglo American debentures, resulting from the IronX deal, will be enough to pay all creditors of the MMX mining bankruptcy, the plea bargain agreements made with the Attorney General’s Office, and still leave him with some change.

The auction for the sale of the debentures has already been ordered by the MMX bankruptcy court. Eike estimates that he can get more than R$ 1.5 billion from this sale, even though the fund holding the debentures is valuing the asset at only R$ 200 million.

But in the meantime, Eike is in a dispute with Paulo Gouvêa, former EBX director and currently at the helm of the SPAC Itiquira. Gouveia holds a minority stake in the Botafogo fund, which holds the Anglo American debentures, and managed to legally prevent Eike from voting at the fund’s meetings.

According to Goulart, Gouvea’s participation in Botafogo is due to the Itaipava Fund, of which Eike claims Gouvea is the sole investor. The Itaipava fund, in turn, claims that it has the right of first refusal to buy the debentures after the MMX bankruptcy court ordered the dissolution of the Mercatto fund, which was the holder of the Botafogo fund, and the ownership was transferred to Eike.

At the last meeting, held last week, Eike did not vote, as ordered by the court, but included a question in the minutes to complicate Gouvea’s situation. Eike claims that Gouvêa is a director and one of the main partners of the resource management firm Ygeia, which managed the Botafogo fund. According to CVM rules, this would be a conflict of interest. The last meeting dealt precisely with the change of manager. Eike’s concern in his fight with Gouvêa is the risk of being diluted in the fund by not being able to vote at the meetings should contributions be approved that he cannot accompany. Meanwhile, the minority holders of the Botafogo fund want Eike’s shares in the fund to be sold instead of the debentures being auctioned.

Former Billionaire Gained in Court Debt Forgiveness of R$ 47 Million in Taxes in RJ and Appeals to Suspend Auction on His Restaurant’s Land.

According to information from columnist Guilherme Amado from Metrópoles, Eike Batista’s defense is trying to suspend the auction of the land where his Chinese restaurant, Mr. Lam, is located, situated in Lagoa, south zone of Rio de Janeiro. The request to suspend the auction was sent to the 1st Regional Labor Court.

The restaurant, currently one of the most expensive and sophisticated in Rio, facing Lagoa Rodrigo de Freitas, was created by Eike Batista in partnership with Chinese chef Sik Chung Lam.

According to the columnist, the three-story establishment is one of the few remaining assets of the businessman in the marvelous city, and the defense claims that selling the land will cause “a great financial loss at a time when [Eike] is trying to recover financially.” According to Veja magazine, the court has scheduled the auction of the property for April 26.

In December 2021, businessman Eike Batista won the right in court to stop paying approximately R$ 47 million in taxes owed to the government of the state of Rio de Janeiro.

Unanimously, the judges of the 5th Civil Chamber of TJ-RJ (Tribunal de Justiça do Rio de Janeiro) understood that the State Treasury Department missed the deadline to collect the debt. The decision was revealed by the newspaper “Valor Econômico” and confirmed by UOL at the time.

Eike stopped paying the million-dollar ITD (Tax on Transmission of Cause Mortis and Donation) after separating from Luma de Oliveira in 2004. According to the judges, the state of Rio had five years to collect the tax debt. However, it took more than eight years, only initiating collection in December 2012.

During the period in which the collection should have been made, Eike reached the position of the richest person in Brazil and the eighth richest in the world, according to Forbes magazine’s ranking. In 2011, he had a fortune of US$ 31 billion.

Flavia Marinho

Flavia Marinho é Engenheira pós-graduada, com vasta experiência na indústria de construção naval onshore e offshore. Nos últimos anos, tem se dedicado a escrever artigos para sites de notícias nas áreas militar, segurança, indústria, petróleo e gás, energia, construção naval, geopolítica, empregos e cursos. Entre em contato com flaviacamil@gmail.com ou WhatsApp +55 21 973996379 para correções, sugestão de pauta, divulgação de vagas de emprego ou proposta de publicidade em nosso portal.

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