BCB Resolution No. 346 of October 5, 2023, amending Resolution BCB No. 229 of May 12, 2022, regarding standardized approach risk-weighted assets for credit risk exposures

Voto

resolution
BCB No. 346, OF October 5, 2023

Amends
Resolution BCB No. 229, of May 12, 2022, which establishes the procedures for calculating the portion of risk-weighted assets (RWA) related to exposures to credit risk subject to the calculation of capital requirements using the standardized approach (RWACPAD), as provided for in Resolution CMN No. 4,958, of October 21, 2021, and Resolution BCB No. 200, of March 11, 2022.

The Collegiate Board of Directors of the Central Bank of Brazil, in a session held on October 4, 2023, based on the provisions of arts. 9, 10, item IX, and 11, item VII, of Law No. 4,595, of December 31, 1964, as well as on the provisions of arts. 9 and 15 of Law No. 12,865, of October 9, 2013, and taking into account the provisions of art. 3, § 2, of Resolution CMN No. 4,958, of October 21, 2021, in arts. 3, item III, and 14 of Resolution No. 4,282, of November 4, 2013, and in art. 3, § 2, of Resolution BCB No. 200, of March 11, 2022,

R E S O L V E :

Art.
1º Resolution BCB No. 229, of May 12, 2022, shall enter into force with the following amendments:

“Art. 84-A. Subject to the limit of 10% (ten percent) of Principal Capital, apply:

I - FPR of 100% (one hundred percent) to the portion of exposure related to precatórios issued against the Union, which does not exceed the limit provided in the caput;

II - FPR of 150%
(one hundred and fifty percent) to the portion of exposure related to precatórios issued against states, the Federal District, and municipalities, which does not exceed the limit provided in the caput;

III - FPR of 200%
(two hundred percent) to the portion of exposure related to credit rights in execution proceedings or in the enforcement phase against the Union, which does not exceed the limit provided in the caput;

IV - FPR of 300%
(three hundred percent) to the portion of exposure related to credit rights in execution proceedings or in the enforcement phase against states, Federal District, and municipalities, which does not exceed the limit provided in the caput;

V - FPR of 600%
(six hundred percent) to the portion of exposure related to precatórios issued against the Union, states, Federal District, and municipalities, which exceed the limit provided in the caput;

VI - FPR of 1,250%
(one thousand two hundred and fifty percent) to the portion of exposure related to:

a) credit rights in execution proceedings or in the enforcement phase against Union, states, Federal District, and municipalities, which exceed the limit provided in the caput; and

b) precatórios or credit rights in execution proceedings or in the enforcement phase against Union, states, Federal District, and municipalities, arising from assignment, which have not been subject to public registration.

§ 1º The provisions in the caput include precatórios issued or credit rights in execution proceedings or in the enforcement phase against autonomous entities, foundations, public companies, and mixed-economy companies subject to a precatórios regime, observing the provisions of this article regarding the respective federated entity.

§ 2º For purposes of compliance with the limit established in the caput, exposures related to precatórios issued or credit rights in execution proceedings or in the enforcement phase must be considered in an aggregated manner.

§ 3º In cases where the aggregate of exposures related to precatórios issued or credit rights in execution proceedings or in the enforcement phase exceeds the limit established in the caput, for purposes of applying the FPR, the portions mentioned in items I to IV of the caput must be considered proportionally to the relative participation of the respective exposures in relation to the aggregate.

§ 4º The treatment provided for in this article does not apply to precatórios issued or credit rights in execution proceedings or in the enforcement phase registered in the balance sheet by the reference date of June 30, 2023:

I - resulting from own judicial actions; or

II - acquired from third parties, whose assignment was subject to public registration by June 30, 2023.

§ 5º The application of the provisions of § 4º to precatórios issued after June 30, 2023 is permitted, provided that:

I - the credit rights that gave rise to these precatórios were registered in the asset by June 30, 2023; and

II - the assignment of the credit rights that gave rise to these precatórios was subject to public registration by June 30, 2023, in the case of assets acquired from third parties.

§ 6º Regardless of the acquisition date of the precatórios or the credit rights in execution proceedings or in the enforcement phase by an unconsolidated investment fund, the FPRs established in the caput apply to the portions of the fund's exposures, observing the provisions of arts. 17, 18, and 59, item I.” (NR)

Art. 2º This Resolution enters into force on January 2, 2024.

OTÁVIO RIBEIRO DAMASO
Director of Regulation