BCB Resolution No. 161 — Amends the Regulation annexed to BCB Resolution No. 1 of August 12, 2020, which governs the operation of the Pix payment arrangement

BCB RESOLUTION NO. 161, OF NOVEMBER 10, 2021

Amends the Regulation annexed to BCB Resolution No. 1, of August 12, 2020, which governs the operation of the Pix payment arrangement.

The Collegiate Board of Directors of the Central Bank of Brazil, in a session held on November 10, 2021, based on art. 10, item IV, of Law No. 4.595, of December 31, 1964, on art. 10 of Law No. 10.214, of March 27, 2001, on arts. 6, 7, 9, 10, 14 and 15 of Law No. 12.865, of October 9, 2013, on Resolution No. 4.282, of November 4 2013, on Communication No. 32.927, of December 21, 2018, and on Communication No. 34.085, of August 28, 2019,

RESOLVES
:

Art. 1 The Regulation annexed to BCB Resolution No. 1, of August 12, 2020, shall enter into force with the following changes:

“CHAPTER
XIX

OF
THE VERIFICATION OF ADHERENCE OF PARTICIPANTS’ ACTIVITIES TO THE REGULATION AND OF THE APPLICABLE PENALTIES” (NR)

“Art.
91-A. Pix participants are subject to verification of adherence by the Central Bank of Brazil regarding compliance with the provisions of this Regulation.” (NR)

“Art.
91-B. The Central Bank of Brazil may, at any time, notify Pix participants to adopt or cease certain practices with a view to ensuring the maintenance of adherence of their activities to the terms of this Regulation.

§
1 The notification referred to in the caput shall include:

I - the indication of the practice to be adopted or ceased and the deadline granted to the participant; and

II - the need to implement measures that prevent recurrence of the conduct or omission, when applicable.

§
2 In the case referred to in item II, the participant shall have a period of up to 5 (five) business days from receipt of the notification to submit to the Central Bank of Brazil an action plan including the proposed measures and the corresponding deadlines for their implementation.

§
3 The action plan referred to in § 2 must be approved by the Central Bank of Brazil, which, in its analysis, shall take into account the impact and severity of the conduct or omission on the regular operation of Pix.

§
4 Compliance with the determination referred to in the caput must be proven unequivocally by the participant.” (NR)

“Art.
93-A. The fine provided for in item I of art. 93 shall be exempted for the infractions provided for in item I and in the letter “g” of item III of art. 5 of the Pix Penalties Manual, annexed to BCB Resolution No. 31, of October 29, 2020, which, in theory, would justify the application of this penalty, provided that:

I - the requirements set forth in the notification referred to in art. 91-B are met; and

II - the participant voluntarily adopts the repair of any damages caused to other Pix participants, when applicable.

§ 1
The provisions of the caput shall not apply in case of recurrence of the same conduct or omission within a period of less than 360 (three hundred and sixty) days.

§ 2
The provisions of this article do not preclude the application of other penalties provided for in this Regulation.” (NR)

Art. 2 This Resolution shall enter into force on the date of its publication.

João
Manoel Pinho de Mello
Director of Organization of the
Financial System and Resolution