BCB Resolution No. 217 — Conditions for Registering Information on Guarantees over Motor Vehicles and Real Estate and Vehicle Ownership

Resolution No. 217

BCB RESOLUTION NO. 217, OF
MARCH 30, 2022

Establishes the conditions for the registration of information relating to guarantees constituted on motor vehicles and real estate, as well as information on the ownership of motor vehicles, related to the operations it specifies.

The Collegiate Board of the Central Bank of Brazil, in a session held on March 30, 2022, based on arts. 9, 10, items VI and IX, and 37 of Law No. 4,595, of December 31, 1964, and on art. 28 of Law No. 12,810, of May 15, 2013, and having in view the provisions of art. 3 of Resolution No. 4,088, of May 24, 2012,

R E S O L V E:

CHAPTER I
SUBJECT MATTER AND SCOPE OF APPLICATION

Art. 1 This Resolution establishes the conditions for the registration, in an entity authorized by the Central Bank of Brazil to exercise the activity of financial asset registration, of information relating to:

I - guarantees constituted on motor vehicles in financing operations for the acquisition of these vehicles;

II - guarantees constituted on urban real estate, except for undeveloped land, in operations:

a) financing for the acquisition of residential real estate; and

b) loan to a natural person secured by residential real estate (home equity); and

III - ownership of motor vehicles subject to leasing operations.

CHAPTER II
REGISTRATION OF INFORMATION RELATING TO MOTOR VEHICLES

Art. 2 The registration, by financial institutions and leasing companies, regarding the operations mentioned in Art. 1, items I and III, in a system of a financial asset registration entity, must contain, at a minimum, the following information relating to the(s):

I - creditor or lessor: National Registry of Legal Entities (CNPJ) registration number;

II - seller(s): Individual Taxpayer Registry (CPF) or CNPJ registration number;

III - debtor or lessee: CPF or CNPJ registration number;

IV - motor vehicle:

a) chassis number and identification of any re-marking;

b) license plate and federation unit, in the case of a used vehicle;

c) federation unit of licensing of the encumbrance registration, in the case of a new vehicle;

d) code in the National Registry of Motor Vehicles (Renavam);

e) year of manufacture; and

f) model year;

V - contract of the credit or leasing operation or credit instrument representing the credit operation:

a) date of contracting the operation;

b) contract code in the Credit Information System (SCR);

c) type of financial encumbrance;

d) annual interest rate;

e) contracted value;

f) due date of the first installment of the operation;

g) due date of the last installment of the operation;

h) date of release of funds;

i) city and federation unit of release of funds; and

j) Standardized Credit Operation Identifier (IPOC).

Sole Paragraph. The registration of the information mentioned in item II of the caput may occur within thirty days after the registration of the other information, if not immediately available.

CHAPTER III
REGISTRATION OF INFORMATION RELATING TO REAL ESTATE

Art. 3 The registration, by financial institutions and other institutions authorized to operate by the Central Bank of Brazil, regarding the operations mentioned in Art. 1, item II, including operations resulting from portability, in a system of a financial asset registration entity, must contain the following information relating to the(s):

I - creditor:

a) corporate name; and

b) CNPJ registration number;

II - seller(s), where applicable:

a) name or corporate name; and

b) CPF or CNPJ registration number;

III - debtor(s):

a) name or corporate name; and

b) CPF or CNPJ registration number;

IV - credit operation contract:

a) contract code in the SCR;

b) modality and submodality codes in the SCR;

c) contracted value; and

d) IPOC; and

V - real estate on which the guarantee was constituted:

a) registration number at the Real Estate Registry Office;

b) identification of the Real Estate Registry Office;

c) date and number of the guarantee registration at the Real Estate Registry Office;

d) grade of the guarantee constituted at the Real Estate Registry Office, where applicable;

e) full address, with Postal Addressing Code (CEP);

f) date and value of the appraisal;

g) date and purchase and sale value, where applicable;

h) type of property, classified as:

1. house; or

2. apartment;

i) type of implantation, classified as:

1. condominium; or

2. isolated;

j) state of conservation, classified as:

1. good;

2. regular;

3. poor; or

4. under construction;

k) finish standard, classified as:

1. high;

2. normal;

3. low; or

4. minimum;

l) total and private use areas, in square meters;

m) number of bedrooms;

n) number of private parking spaces; and

o) state of conservation of the condominium, if existing, classified as:

1. good;

2. regular;

3. poor; or

4. under implementation.

§ 1 In the event of a guarantee constituted on a property classified, regarding the type of implantation, as isolated, the registration referred to in the caput must additionally contain the following information relating to the topography of the land where the property is located:

I - land area, in square meters; and

II - frontage(s), in meters.

§ 2 The information referred to in item V and § 1 of the caput must be registered in accordance with the information contained in the property appraisal report, or equivalent document, if any, with the institutions mentioned in the caput being responsible for ensuring conformity between the information registered in their books and systems and that forwarded to the registration entity.

§ 3 The institutions mentioned in the caput must, by the last business day of each month:

I - carry out the registration, referred to in the caput, of guarantees registered at the Real Estate Registry Office in the previous month; and

II - inform the registration entity of previously registered operations that were settled in the previous month.

§ 4 For the purposes of the reconciliation referred to in the regulation governing the activity of financial asset registration, with respect to the registration referred to in the caput, the information contained in item IV is sufficient.

§ 5 The institutions mentioned in the caput are exempt from forwarding the information referred to in items "j", "k" and "o" of item V, in cases where a pricing model has been used, in accordance with art. 11, § 4, of Resolution No. 4,676, of July 31, 2018.

CHAPTER IV
GENERAL PROVISIONS

Art. 4 The registration referred to in this Resolution must be carried out in a system of a financial asset registration entity that ensures the exchange of information with other similar systems, allowing for consultation with a single and automatic response, covering information of national scope.

Art. 5 The registration entities responsible for the registration systems mentioned in Art. 1 must forward to the Central Bank of Brazil, by the tenth business day of each month, the information referred to in Art. 3, caput and § 1.

Art. 6 The format of the information described in Arts. 2 and 3 must be compatible with the format of that sent to the SCR, even if this information is not provided to this system individually.

Art. 7 The Central Bank of Brazil will publish the procedures necessary to comply with the provisions of this Resolution.

Art. 8 The following are revoked:

I - Art. 8 of Circular No. 4,036, of July 15, 2020;

II - Circular No. 3,616, of November 30, 2012;

III - Circular No. 3,747, of February 27, 2015;

IV - Circular No. 3,767, of October 7, 2015;

V - Circular No. 3,793, of June 2, 2016;

VI - Circular No. 3,828, of February 15, 2017; and

VII - Circular No. 3,967, of October 9, 2019.

Art. 9 This Resolution enters into force on May 1, 2022.

Otávio Ribeiro Damaso Paulo Sérgio Neves de Souza Director of Regulation Director of Supervision