BCB Resolution No. 284 — Procedures for Salary Portability Execution under CMN Resolution No. 5,058

Resolution No. 284

RESOLUTION
BCB NO. 284, OF JANUARY 4, 2023

Provides for the procedures necessary for the execution of salary portability governed by CMN Resolution No. 5,058, of December 15, 2022.

The Collegiate Board of the Central Bank of Brazil, in a session held on January 4, 2023, based on arts. 9 of Law No. 4,595, of December 31, 1964, 9, items II and X, of Law No. 12,865, of October 9, 2013, and 14 of CMN Resolution No. 5,058, of December 15, 2022,

R E S O L V E:

CHAPTER I
OBJECTIVE

Art. 1. This Resolution provides for the procedures necessary for the execution of salary portability, governed by CMN Resolution No. 5,058, of December 15, 2022, to be observed by financial institutions and by payment institutions authorized to operate by the Central Bank of Brazil.

CHAPTER II
TRANSFER OF RESOURCES

Art. 2. The transfer of resources from the salary account for the purposes of salary portability governed by art. 7 of CMN Resolution No. 5,058, of 2022, must be carried out by means of:

I - Electronic Available Transfer (TED); or

II - Special Credit Transfer (TEC).

Art. 3. The transfer referred to in art. 2 must occur by 12:00, Brasília time, on the day of the credit of the resources in the salary account.

CHAPTER III
REQUEST FOR SALARY PORTABILITY

Art. 4. The indicative communication of the beneficiary's account to be credited, governed by art. 7 of CMN Resolution No. 5,058, of 2022, for the purposes of salary portability, must contain the following information:

I - name and registration number in the Register of Legal Entities (CPF) of the beneficiary;

II - registration number in the National Register of Legal Entities (CNPJ) of the financial institution contracted to provide salary, pension, salary, wages, retirement, pension and similar payment services;

III - trade name or corporate name and registration number in the CNPJ of the contracting entity for the payment services mentioned in item II; and

IV - registration number in the CNPJ of the destination financial institution or payment institution, agency number, if any, and account number to be credited at the destination institution.

Sole paragraph. The communication referred to in the main text must be kept available to the Central Bank of Brazil for a minimum period of five years after its submission.

Art. 5. The institution that sends the communication referred to in art. 4, in accordance with art. 7 of CMN Resolution No. 5,058, of 2022, must:

I - perform and confirm the identification of the beneficiary; and

II - guarantee the legitimacy of the communication and the authenticity of the required information.

Art. 6. Financial institutions contracted to provide salary, pension, salary, wages, retirement, pension and similar payment services must define the electronic channel for receiving the communication referred to in art. 4.

Sole paragraph. The channel referred to in the main text:

I - cannot restrict the salary portability process, including in terms of accessibility to destination institutions; and

II - must be disclosed to other institutions interested in the salary portability process.

CHAPTER IV
FINAL PROVISIONS

Art. 7. The following are revoked:

I - Circular No. 3,338, of December 21, 2006; and

II - Circular No. 3,900, of May 17, 2018.

Art. 8. This Resolution enters into force on March 1, 2023.

Otávio Ribeiro Damaso
Regulation Director