BCB Resolution No. 127 — Calculation of the Tax Base and Payment of the Ordinary Contribution for Institutions Associated with the FGCoop

BCB RESOLUTION NO. 127, OF AUGUST 11, 2021

Provides for the calculation of the tax base and the payment of the ordinary contribution of institutions associated with the Credit Cooperativism Guarantee Fund (FGCoop).

The Collegiate Board of the Central Bank of Brazil, in a session held on August 11, 2021, based on Art. 9 of Law No. 4,595, of December 31, 1964, and considering the provisions of CMN Resolution No. 4,933, of July 29, 2021,

RESOLVES:

Art. 1 This Resolution provides for the calculation of the tax base and the payment of the ordinary contribution of institutions associated with the Credit Cooperativism Guarantee Fund (FGCoop).

Art. 2 The value of the ordinary contribution must be calculated based on the balances, as of the last day of each month, of the accounts and financial instruments representing the credits subject to guarantee, registered by the institutions associated with FGCoop in the titles and subtitles of the Accounting Plan of the Institutions of the National Financial System (Cosif) published by the Central Bank of Brazil.

Art. 3 Single cooperatives not affiliated with central cooperatives, cooperative banks, and confederations or central cooperatives, with respect to their affiliates, must prepare and send to FGCoop, by the 20th (twenty) day of each month, the information necessary for the calculation of the ordinary contribution relating to the immediately preceding month.

§ 1 In the absence of the information provided for in the caput, the value of the ordinary contribution due must be the same value assessed and paid to FGCoop in the immediately preceding month, without prejudice to the imposition of possible sanctions.

§ 2 At the time of regularizing the missing information referred to in § 1 of this article, the following applies:

I - to the value of the complementation of the contribution, update, based on the Selic rate, and fine, observing the provisions of Art. 5 of this Resolution; and

II - to the value of the return of the contribution, update based on the Selic rate.

Art. 4 The payment of the ordinary contribution must be made at financial institutions accredited by FGCoop by the 25th (twenty-fifth) day of each month, relating to the immediately preceding month.

Art. 5 Delay in the payment of the contributions due subjects the associated institution to a fine of 2% (two percent) on the value of the contribution, plus update based on the Selic rate.

§ 1 For the purpose of calculating the fine, the value of the contribution will be updated from the first day of delay until the day prior to the effective payment.

§ 2 It is the responsibility of the financial institutions accredited by FGCoop, referred to in Art. 4 of this Resolution, to adopt the measures regarding the payment to FGCoop of the amount corresponding to the fine and the complementation referred to in § 2 of Art. 3 of this Resolution, observing the conditions established by it.

Art. 6 Single cooperatives not affiliated with central cooperatives and cooperative banks must make the payment of the amounts due by them, provided for in this Resolution.

§ 1 Central cooperatives must make the payment of the amounts due by single cooperatives affiliated with them.

§ 2 The payment is optional:

I - by the cooperative bank, of the amounts due by single cooperatives affiliated with central cooperatives that are shareholders of this bank; and

II - by the confederation of central cooperatives, of the amounts due by single cooperatives affiliated with a central cooperative linked to this confederation.

Art. 7 The payment of the amounts provided for in this Resolution must be processed, preferably, within the Brazilian Payments System (SPB), through the Reserve Transfer System (STR).

Sole Paragraph. The financial institutions accredited by FGCoop, referred to in Art. 4 of this Resolution, are authorized to adopt the necessary procedures to comply with the provisions of this article.

Art. 8 Associated institutions must keep available to the Central Bank of Brazil and FGCoop, for a minimum period of 5 (five) years, the statements of the calculations made for the purposes of this Resolution.

Art. 9 The provision of the information referred to in this Resolution must observe the form and operational conditions published by FGCoop.

Art. 10 The Department of Resolution and Sanctioning Action (Derad) is authorized to publish the titles and subtitles of Cosif to be used as the tax base for the ordinary contribution of institutions associated with FGCoop.

Art. 11 Circular No. 3,700, of March 6, 2014, is revoked.

Art. 12 This Resolution enters into force on September 1, 2021.

Paulo Sérgio Neves de Souza

Director of Supervision

Director of Organization of the Financial System and Resolution, substitute