Rule · BCB · 16 Nov 2022 · Resolução BCB 257
Direct credit, peer-to-peer lending, and microentrepreneur societies must request authorization to operate within ninety days of achieving specified financial movement thresholds between 2022 and 2029. This resolution amends Resolution BCB No. 80 of March 25, 2021, and enters into force on December 1, 2022. The establishment of a payment institution with a natural person as the sole partner is prohibited.
Financial statements publication ip and consortium - consolidation
BCB RESOLUTION NO. 257, OF NOVEMBER 16, 2022
Amends Resolution BCB No. 80, of March 25, 2021, which regulates the establishment and operation of payment institutions, establishes the parameters for submitting requests for authorization to operate by these institutions, and provides for the provision of payment services by other institutions authorized to operate by the Central Bank of Brazil.
The Collegiate Board of the Central Bank of Brazil, in a session held on November 16, 2022, based on the provisions of Arts. 6, §§ 1 and 4, and 9 of Law No. 12,865, of October 9, 2013, and having in view the provisions of Resolution No. 4,282, of November 4, 2013,
RESOLVES:
Art. 1. Resolution BCB No. 80, of March 25, 2021, shall enter into force with the following alterations:
“Art. 4. ...........................................................................................................
Sole Paragraph. ..............................................................................................
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III - the Open Finance System.” (NR)
“Art. 5. ............................................................................................................
§ 1. The establishment of a payment institution in which a natural person appears as the sole partner is prohibited.
................................................................................................................” (NR)
“Art. 10. ..........................................................................................................
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II - if it achieves, between January 1, 2022 and December 31, 2024, financial movements superior to at least one of the following values:
a) R$300,000,000.00 (three hundred million reais) in payment transactions; or
b) R$30,000,000.00 (thirty million reais) in resources held in a prepaid payment account;
III - if it achieves, between January 1, 2025 and December 31, 2025, financial movements superior to at least one of the following values:
a) R$250,000,000.00 (two hundred and fifty million reais) in payment transactions; or
b) R$25,000,000.00 (twenty-five million reais) in resources held in a prepaid payment account;
IV - if it achieves, between January 1, 2026 and December 31, 2026, financial movements superior to at least one of the following values:
a) R$200,000,000.00 (two hundred million reais) in payment transactions; or
b) R$20,000,000.00 (twenty million reais) in resources held in a prepaid payment account;
V - if it achieves, between January 1, 2027 and December 31, 2027, financial movements superior to at least one of the following values:
a) R$150,000,000.00 (one hundred and fifty million reais) in payment transactions; or
b) R$15,000,000.00 (fifteen million reais) in resources held in a prepaid payment account;
VI - if it achieves, between January 1, 2028 and December 31, 2028, financial movements superior to at least one of the following values:
a) R$100,000,000.00 (one hundred million reais) in payment transactions; or
b) R$10,000,000.00 (ten million reais) in resources held in a prepaid payment account; and
VII - by March 31, 2029, if it does not achieve the financial movements provided for in items I to VI.
§ 1. The authorization to operate referred to in the main text must be requested within ninety days, counted from the date on which the institution achieves one of the values established in items I to VI of the main text, observed the provisions of Art. 14.
§ 2. The values referred to in item “a” of item I, item “a” of item II, item “a” of item III, item “a” of item IV, item “a” of item V and item “a” of item VI of the main text must be calculated based on the sum of the values corresponding to payment transactions executed in the last twelve months.
§ 3. In the transfer of resources between prepaid payment accounts held in the same payment institution, the value corresponding to the operation must be considered as a single transaction in the calculation of the values referred to in item “a” of item I, item “a” of item II, item “a” of item III, item “a” of item IV, item “a” of item V and item “a” of item VI of the main text.
§ 4. The values referred to in item “b” of item I, item “b” of item II, item “b” of item III, item “b” of item IV, item “b” of item V and item “b” of item VI of the main text must be calculated based on the arithmetic mean of the thirty highest daily balances in electronic currency held in prepaid payment accounts in the last twelve months.
§ 5. For the purpose of calculating the financial values mentioned in items I to VI of the main text, transactions carried out within the scope of payment arrangements and benefit programs mentioned in Art. 2 shall not be considered.” (NR)
“Art. 16. ..........................................................................................................
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IV - direct credit societies, for the provision of the payment services mentioned in items I, II and IV of Art. 3, observed their specific regulation;
V - peer-to-peer lending societies, for the provision of the payment services mentioned in items I and IV of Art. 3, observed their specific regulation;
VI - microentrepreneur and small business credit societies, for the provision of the payment services mentioned in items I and IV of Art. 3, observed their specific regulation; and
................................................................................................................” (NR)
“Art. 18. ..........................................................................................................
Sole Paragraph. In the case of societies in operation, the provisions of the main text do not apply to capital integrations effected in a period prior to the requirement for authorization to operate, in accordance with Chapter IV.” (NR)
Art. 2. This Resolution enters into force on December 1, 2022.
Otávio Ribeiro Damaso
Regulation Director
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“Amends Resolution BCB No. 80, of March 25, 2021, which regulates the establishment and operation of payment institutions”
“based on the provisions of Arts. 6, §§ 1 and 4, and 9 of Law No. 12,865, of October 9, 2013”
This document amends: BCB Resolution No. 80 — Regulation of Payment Institutions
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