Regulatory Alerts2020-04-30 | Resolução CMN 4812CMN Resolution No. 4812 - Governs the fundraising instruments for credit, financing, and investment companies
The National Monetary Council, through the Central Bank of Brazil, authorizes credit, financing, and investment companies to issue Certificates of Bank Deposit (CDB) and utilize eight specific instruments for raising funds. These instruments include interbank deposits, special guarantee time deposits, bills of exchange, agricultural and real estate credit letters, financial letters, committed operations, and bank deposit receipts. The resolution updates Resolution No. 3,454 of 2007 to align with these new provisions and revokes specific prior clauses, entering into force upon publication.
The Central Bank of Brazil, in accordance with Article 9 of Law No. 4,595 of December 31, 1964, makes public that the National Monetary Council, in a session held on April 30, 2020, based on Articles 4, items VI, VIII, and XXXII, of the aforementioned Law, 14, items II and III, of Law No. 4,728 of July 14, 1965, 49 of Law No. 11,076 of December 30, 2004, 41, item I, of Law No. 12,249 of June 11, 2010, 91, item II, of Law No. 13,097 of January 19, 2015, and 40, item II, of Law No. 13,986 of April 7, 2020,
R E S O L V E D:
Art. 1 Credit, financing, and investment companies are authorized to issue Bank Deposit Certificates (CDB).
Art. 2 In addition to what is provided in Article 1, credit, financing, and investment companies may raise funds through the following instruments:
I - interbank deposit;
II - time deposit with special guarantee;
III - bill of exchange;
IV - Agricultural Credit Note (LCA);
V - Financial Note (LF);
VI - Secured Real Estate Note (LIG);
VII - committed operation; and
VIII - bank deposit receipt.
Art. 3 Credit, financing, and investment companies must observe the conditions, requirements, and formalities provided for in the current legislation and regulation regarding the fundraising instruments mentioned in Articles 1 and 2.
Art. 4 Resolution No. 3,454 of May 30, 2007, shall enter into force with the following alterations:
"Art. 1 Multiple banks, commercial banks, investment banks, development banks, savings banks, and credit, financing, and investment companies may raise funds under the modality of time deposits from natural and legal persons, with or without the issuance of a certificate, under the conditions stipulated in this Resolution.
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Art. 5 Item I of Article 2 of Resolution No. 3,454 of 2007 is hereby repealed.
Art. 6 This Resolution enters into force on the date of its publication.
Roberto de Oliveira Campos Neto President of the Central Bank of Brazil