BCB Normative Instruction No. 301

BCB NORMATIVE INSTRUCTION No. 301, OF 1 September 2022

Normative document repealed, as of 1/1/2023, by BCB Normative Instruction No. 335, of 8/12/2022, producing effects for data referring to the first quarter of 2022 and subsequent quarters.

Establishes the content and the form of providing information relating to retail payments and service channels by institutions authorized to operate by the Central Bank of Brazil.

The Head of the Department of Competition and Structure of the Financial Market (Decem), using the attributions conferred upon him by art. 97-A, items V and IX, subitem “a”, of the Internal Regulations of the Central Bank of Brazil, annexed to Portaria No. 84.287, of 27 February 2015, and taking into account the provisions of art. 37 of Law No. 4.595, of 31 December 1964, in § 3 of art. 9 of Law No. 12.865, of 9 October 2013, and in articles 24 and 25 of the Regulation annexed to BCB Resolution No. 150, of 6 October 2021.

R E S O L V E S :

Art. 1 The content and the form of the periodic provision of information on retail payments and service channels to the Department of Competition and Structure of the Financial Market (Decem) are established, by multiple banks, cooperative multiple banks, commercial banks, savings banks, direct credit companies, microentrepreneur and small business credit companies, peer-to-peer lending companies, and payment institutions authorized to operate by the Central Bank of Brazil.

Art. 2 The institutions listed in Art. 1 must send information about their relationships and operations according to models and instructions available on the Central Bank of Brazil's internet page, at the address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd.

Sole paragraph. The information sent must be consolidated by calendar quarter and sent by the last business day of the month following the end of the reference quarter.

Art. 3 This Normative Instruction enters into force on 1 January 2023. producing effects for data referring to the first quarter of 2022 and subsequent quarters.

Ângelo José Mont’Alverne Duarte

NOTE

This Note provides the basis for the issuance of a Normative Instruction within the competence of the Department of Competition and Structure of the Financial Market (Decem), using the attribution conferred upon it by art. 97-A, items V and IX, of the Internal Regulations of the Central Bank of Brazil, annexed to Portaria No. 84.287, of 27 February 2015.

2. As a direct result of a demand from this autarchy, a set of institutions sends document 6209 to the Central Bank of Brazil, containing aggregated information referring to retail payments and service channels.

3. The issuance of this Normative Instruction improves the collection of data contained in document 6209 by expanding the obligation to send it to all multiple banks, cooperative multiple banks, commercial banks and authorized payment institutions.

4. Decree No. 10.411, of 30 June 2020, regulates the carrying out of regulatory impact analysis (RIA) as a prerequisite for the issuance of a normative act. It should be noted that in its art. 3, it determines that the issuance of normative acts of general interest to economic agents formulated by bodies and entities of the direct, autarchic and foundational federal public administration be preceded by RIA. However, as provided in item III of art. 4 of the aforementioned Decree, by means of a reasoned decision, the RIA may be waived in the event that the normative act is considered to be of low impact.

5. Considering that the obligation established in this Normative Instruction does not affect public policies, nor does it imply a significant increase in costs for the Central Bank of Brazil, nor for the regulated agents, since they are information inherent to the institutions' business, our understanding is that the normative act gathers the necessary aspects for its classification as being of low impact and, therefore, waived from RIA.

Ângelo José Mont’Alverne Duarte Head of the Department of Competition and Structure of the Financial Market