Questão jurídica principal
Whether a board member with sole signatory power was still in an employer-like position until bankruptcy.
Decisão extraída
Yes. A working member of the board retains an employer-like status until the bankruptcy opening; the mere insolvency notice did not end that status.
Fundamentação extraída
For board members, the relevant decision-making power follows directly from corporate law and no further inquiry into internal responsibilities is needed. Filing an overindebtedness notice under Art. 725(2) OR does not automatically eliminate the ability to influence the company before bankruptcy.