2014-10-25
The Brazilian Securities and Exchange Commission (CVM) issued Instruction No. 274 to amend Articles 18, 22, and 23 of CVM Instruction No. 202/93 and revoke specific provisions of CVM Instruction No. 245/96 and CVM Deliberation No. 210/97. The regulation establishes daily monetary fines for publicly-held companies failing to submit required financial statements and reports, with penalties ranging from R$200 to R$500 depending on the specific omission. It further mandates that standardized financial statements, annual information, and quarterly information be submitted via magnetic media using CVM-provided software, while other periodic and occasional information must be printed on A4 paper in duplicate.
CVM INSTRUCTION NO. 274, OF MARCH 12, 1998.
Amends Articles 18, 22, and 23 of CVM Instruction No. 202, of December 6, 1993, and revokes item I, letter "a", of Article 1 of CVM Instruction No. 245, of March 1, 1996, and CVM Deliberation No. 210, of February 13, 1997.
THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION - CVM makes public that the Collegiate Body, in a meeting held on this date, based on the provisions of Article 9, II, of Law No. 6.385, of December 7, 1976, with the wording given by Article 2 of Provisional Measure No. 1.637-2, of January 8, 1998; Article 21 and § 1, I, of Article 22, of the same law, with the wording given by Article 2 of Law No. 9.457, of May 5, 1997; in Vote No. 426 of the National Monetary Council of December 21, 1978, and in item II of Resolution of the National Monetary Council No. 1.657, of October 26, 1989, HAS RESOLVED to issue the following Instruction:
Article 1. Articles 18, 22, and 23 of CVM Instruction No. 202/93 shall enter into force with the following wording:
"Article 18. Without prejudice to the liability of administrators under Articles 9, V, and 11 of Law No. 6.385/76, with the wording given by Article 2 of Law No. 9.457/97, the publicly-held company that does not maintain its registration updated, in accordance with Articles 13, 16, and 17 of this Instruction, shall be subject to a daily fine, according to the values listed below:
I - fine of R$ 500.00 (five hundred reais), for failure to submit Financial Statements, Article 16, item I; II - fine of R$ 500.00 (five hundred reais), for failure to submit Standardized Financial Statements - DFP - Article 16, item II; III - fine of R$ 200.00 (two hundred reais), for failure to submit the documents and information provided for in Article 16, items III to VII; IV - fine of R$ 500.00 (five hundred reais), for failure to submit Quarterly Information - ITR - Article 16, item VIII; V - fine of R$ 200.00 (two hundred reais), for failure to submit the documents and information provided for in Article 17, items I to X."
"Article 22. The following information shall be submitted via magnetic media, according to computer programs provided by the CVM:
I - Standardized Financial Statements - DFP (Article 16, II);
II - Annual Information - IAN (Article 16, IV); III - Quarterly Information - ITR (Article 16, VIII)."
"Article 23. The other periodic and occasional information required from publicly-held companies shall be submitted printed on A4 paper, in two copies."
Article 2. Revoke item I, letter "a", of Article 1 of CVM Instruction No. 245/96, and CVM Deliberation No. 210/97.
Article 3. This Instruction enters into force on the date of its publication in the Official Gazette of the Union.
Original signed by FRANCISCO DA COSTA E SILVA President