BCB Resolution No. 176 — Amending the Regulation of Pix Payment Arrangement Regarding Penalties

BCB Resolution No. 176, DECEMBER 22, 2021

Amends the Regulation attached to BCB Resolution No. 1, of August 12, 2020, which regulates the functioning of the Pix payment arrangement, to adjust provisions regarding penalties.

The Collegiate Board of Directors of the Central Bank of Brazil, in a session held on December 22, 2021, based on art. 10, item IV, of Law No. 4.595, of December 31, 1964, art. 10 of Law No. 10.214, of March 27, 2001, arts. 6, 7, 9, 10, 14 and 15 of Law No. 12.865, of October 9, 2013, Resolution No. 4.282, of November 4, 2013, Communication No. 32.927, of December 21, 2018, and Communication No. 34.085, of August 28, 2019,

RESOLVES:

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

“Art. 91-B ........................................................................................................

§ 1. The notification referred to in the main text shall include the indication of the practice to be adopted or ceased, the deadline granted to the participant to remedy the problem, and, where applicable:

I - the need to implement measures to avoid recurrence of the conduct; and

II - the requirement that emergency measures be promptly adopted to mitigate the risk of damage to Pix or its users.

§ 2. In the case referred to in item I of §1, the participant shall have a deadline of up to 5 (five) business days from receipt of the notification to submit to the Central Bank of Brazil an action plan containing the proposed measures and the corresponding deadlines for their implementation.

§3. In the case referred to in item II of §1, the participant must communicate to the Central Bank of Brazil the emergency measures adopted as soon as they are implemented.

§ 4. Compliance with the provisions of the notification referred to in § 1 must be unequivocally proven by the participant within 15 (fifteen) days, calculated from the final term established by the Central Bank of Brazil for compliance with the last measure provided in the notification.” (NR)

“Art. 92 ...........................................................................................................

.........................................................................................................................

III - non-compliance with the service level agreements provided for in the Pix Times Manual;

................................................................................................................”
(NR)

“Art. 93-A Fines provided for in item I of art. 93 are exempted from the infractions provided for in item I of art. 5 of the Pix Penalties Manual, which, in theory, would justify the application of this penalty, provided that:

I - the irregularity is remedied before its detection by the Central Bank of Brazil or the requirements contained in the notification referred to in art. 91-B are met; and

................................................................................................................”
(NR)

“Art. 93-B. The optional participant who is notified twice in the same calendar year, in accordance with art. 91-B, due to the identification of the conduct provided for in item “c” of item I of art. 5 of the Penalties Manual, may request, within 15 (fifteen) days, its exit from the arrangement, being exempt from compliance with the deadline provided for in art. 30 of this Regulation.

Sole paragraph. Upon completion of the participant's exit within 15 (fifteen) days following the request, the application of a penalty for the conduct that prompted the notification referred to in the main text is waived.” (NR)

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

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