BCB Normative Instruction No. 42 — Discloses procedures for transmitting information that may affect the reputation of persons specified in items I and II of Article 1 of CMN Resolution No. 4,859

BCB NORMATIVE INSTRUCTION NO. 42, OF NOVEMBER 11, 2020

Discloses procedures for transmitting information that may affect the reputation of persons specified in items I and II of Article 1 of CMN Resolution No. 4,859, of October 23, 2020.

The Head of the Department of Organization of the Financial System (Deorf), using the attribution conferred by him by art. 23, item I, letter “a”, of the Internal Regulations of the Central Bank of Brazil, annexed to Ordinance No. 84.287, of February 27, 2015, based on art. 1 of CMN Resolution No. 4,859, of October 23, 2020,

RESOLVES:

Art. 1 The communication referred to in art. 1 of CMN Resolution No. 4,859, of October 23, 2020, must be sent by financial institutions and other institutions authorized to operate by the Central Bank of Brazil to the Department of Organization of the Financial System (Deorf), through the Central Bank's Digital Protocol system (Digital Protocol), available on this Autarchy's website on the internet.

Art. 2 Access to the Digital Protocol must be carried out through the institutional user account registered in the Central Bank Information System (Sisbacen), and the sending of information must be carried out by filling in the following fields on the system's initial screen:

I - "Description": fill in with "Information related to the reputation of a person linked to the institution - Res. CMN 4859";

II - "Subject": select "Authorizations and Licensing for Supervised Institutions and for SPB Members"; and

III - "Destination": indicate the organizational component of Deorf that has jurisdiction over the institution, according to the list contained in Subsection 3.4.30.12 of the Manual of Organization of the Financial System (Sisorf), available on the Central Bank of Brazil's page on the internet.

Art. 3 The communication referred to in art. 1 must contain, at minimum, the identification of the person to whom it refers and the information relating to the situations and occurrences that may affect their reputation.

Sole Paragraph. Documents related to the same communication must be associated by using the linking functionality available in the Digital Protocol.

Art. 4 Sending the communication to Deorf does not exempt the institution from adopting the other measures listed in CMN Resolution No. 4,859, of October 23, 2020.

Art. 5 Communication No. 31.156, of September 5, 2017, is rendered without effect, as of December 1, 2020.

Art. 6 This Normative Instruction enters into force on December 1, 2020.

José Reynaldo de Almeida Furlani