Rule · BCB · 15 Feb 2022 · Resolução BCB 184
Federal government institutions of the Legislative, Executive and Judicial branches or the Public Ministry of the Union must not provide for stop-loss coverage limitations in payroll credit operations involving transfer of payroll discounts or retirement and death pension benefits. Linked benefits must be subject to withdrawal blocking, destined for direct FGTS transfer to the lending institution on due dates, and sufficient to pay principal and interest. This resolution replaces Circular No. 3,809 of August 25, 2016, and enters into force on April 1, 2022.
VOTE
BCB RESOLUTION
NO. 184, OF FEBRUARY 15, 2022
Amends Circular
No. 3,809, of August 25, 2016.
The Collegiate Board of the Central Bank of Brazil, in a session held on February 15, 2022, based on the provisions of Arts. 9, 10, item IX, and 11, item VII, of Law No. 4,595, of December 31, 1964, and Art. 3, § 2, of Resolution CMN No. 4,958, of October 21, 2021,
RESOLVES:
Art. 1 The Circular No. 3,809, of August 25,
2016, shall enter into force with the following alteration:
“Art. 30.
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II -
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d) do not provide for a limitation on the coverage of non-performance supported by the fund (stop-loss);
III - transfer of payroll discounts or retirement and death pension benefits, carried out by federal government institutions of the Legislative, Executive and Judicial branches or by the Public Ministry of the Union, linked to payroll credit operations; and
IV - rights to annual withdrawals (anniversary withdrawals) on balances in an account linked to the Time Service Guarantee Fund (FGTS) alienated or ceded fiduciarily, in favor of the holder of the exposure, under the protection of § 3 of Art. 20-D of Law No. 8,036, of May 11, 1990, whose balances in the linked FGTS account, cumulatively:
a) have been subject to withdrawal blocking by the account holder with a view to fulfilling their financial obligations to the lending institution;
b) are destined for the transfer of the linked FGTS account directly to the lending institution on the due date of the loan without the intervention of the loan borrower; and
c) are sufficient and available to pay the principal and interest of the loan on the due dates.
................................................................................................................” (NR)
Art. 2 This Resolution enters into force on April 1 of 2022.
Otávio
Ribeiro Damaso
Director of Regulation
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“Art. 1 The Circular No. 3,809, of August 25, 2016, shall enter into force with the following alteration:”
“and BCB Resolutions Nos. 184, of February 15, 2022”
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