2020-06-24 | Circular 4033

Central Bank Circular No. 4033 - Amends Circular No. 3,975 to Establish Deductibility of Working Capital Credit Balances and Special Guarantee Time Deposit Applications for Compulsory Reserve Requirements

The Central Bank of Brazil issued Circular No. 4033 to amend Circular No. 3,975, allowing financial institutions to deduct balances from working capital credit operations and Special Guarantee Time Deposits (DPGE) from their compulsory reserve requirements on savings deposits. These deductions are subject to strict eligibility criteria, including minimum loan terms and specific institutional segments, and are capped at 30% of the calculated liability while meeting minimum thresholds of 5% to 10%. The measure applies to operations and applications made between June 22 and December 31, 2020, with penalties for non-compliance regarding the minimum deduction amounts.

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The Collegiate Board of the Central Bank of Brazil, in an extraordinary session held on June 24, 2020, based on art. 10, items III and IV, of Law No. 4,595, of December 31, 1964, and art. 66 of Law No. 9,069, of June 29, 1995,

R E S O L V E:

Art. 1º Circular No. 3,975, of January 8, 2020, shall be amended as follows:

“Art. 5º-A Regarding the liabilities of savings deposit resources, in the free and rural modalities, calculated in accordance with arts. 4º and 5º, the following deductions shall apply, with respect to operations contracted and applications made from June 22, 2020, until December 31, 2020:

I - of the balance of credit operations for working capital financing for companies with annual revenue up to R$50,000,000.00 (fifty million reais), excluding refinancing; and

II - of the balance of applications in Special Guarantee Time Deposits (DPGE) from institutions that do not belong to the same conglomerate.

§ 1º The sum of the deductions referred to in items I and II of the main text shall be distributed between the two savings modalities, free and rural, in proportion to their VSRs.

§ 2º The sum of the deductions referred to in items I and II of the main text may not exceed 30% (thirty percent) of the liability for the compulsory levy on savings deposit resources, in the free and rural modalities, calculated in accordance with arts. 4º and 5º.

§ 3º The sum of the deductions referred to in items I and II of the main text must correspond to, at minimum, 5% (five percent), starting from the calculation period beginning on August 10, 2020, and 10% (ten percent), starting from the calculation period beginning on September 8, 2020, and until the calculation period ending on December 31, 2020, of the liability for the compulsory levy on savings deposit resources, in the free and rural modalities, calculated in accordance with arts. 4º and 5º.

§ 4º The deductions referred to in items I and II of the main text exclude Savings and Loan Associations, Real Estate Credit Societies, and Credit Cooperatives.

§ 5º The deductions referred to in items I and II of the main text shall apply until the calculation period beginning on June 5, 2023, and ending on June 9, 2023, whose adjustment will occur on June 19, 2023, or until the maturity of the operations, whichever occurs first.

§ 6º The credit operations for working capital financing referred to in item I of the main text shall only be considered for deduction if they meet the following conditions:

I - minimum term of 365 (three hundred and sixty-five) days; and

II - minimum grace period for principal payment of 180 (one hundred and eighty) days.

§ 7º The applications in DPGE referred to in item II of the main text shall only be considered for deduction if they meet the following conditions:

I - having as depositary institutions that belong to the prudential regulation segments S3, S4, and S5, as defined in art. 2º of Resolution No. 4,553, of January 30, 2017; and

II - including institutions from segments S4 and S5, considered jointly, with at least 30% (thirty percent) of the balance of applications that will be used as a deduction until December 31, 2020.” (NR)

“Art. 7º .......................................................

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§ 3º In case of non-compliance with the minimum deduction amounts referred to in § 3º of art. 5º-A, the amount equivalent to 30% (thirty percent) of the balance of the liability for the compulsory levy on savings deposit resources, in the free and rural modalities, calculated in accordance with arts. 4º, 5º, and 5º-A, shall not be entitled to remuneration.

§ 4º The control of the provisions of § 3º shall be carried out on the last day of each calculation period and will imply effects on the remuneration of all days of the respective movement period.” (NR)

Art. 2º This Circular enters into force on the date of its publication, producing effects starting from the calculation period beginning on June 22, 2020, and ending on June 26, 2020, whose adjustment will occur on July 6, 2020.

Bruno Serra Fernandes Director of Monetary Policy