BCB Resolution No. 349 — Amends Resolution BCB No. 264 Regarding the Registration of Receivables from Payment Arrangements

RESOLUTION
BCB NO. 349, OF OCTOBER 31, 2023

Amends Resolution BCB No. 264, of November 25, 2022, which provides for the registration of receivables arising from transactions within the scope of a payment arrangement based on a post-paid account and a demand deposit integral to the Brazilian Payments System.

The Collegiate Board of the Central Bank of Brazil, in a session held on October 30, 2023, based on arts. 9 of Law No. 4.595, of December 31, 1964, 28, item II, of Law No. 12.810, of May 15, 2013, 9, items I and X, of Law No. 12.865, of October 9, 2013, and 8 of Resolution No. 4.734, of June 27, 2019, and having in view the provisions of arts. 2, item II, letter “b”, of Resolution No. 4.593, of August 28, 2017, and 2, 4 and 5 of Resolution No. 4.734, of 2019,

RESOLVES:

Art. 1º Resolution BCB No. 264, of November 25, 2022, shall enter into force with the following alterations:

"Art. 7º Accredited institutions must request from the registration systems the dissolution of liens and encumbrances associated with contracts for the promise of assignment of receivables of a payment arrangement or contracts that produce equivalent effects entered into with end-user payees within two business days after the communication of rescission of the contract made by these users has been delivered to the accredited institution.

§ 1º The communication referred to in the caput may be made by a participant of the registration system, with the authorization of the end-user payee, through the registration system with which the accredited institution has a relationship.

§ 2º After the period mentioned in the caput has elapsed following the communication made in the manner referred to in § 1º without the request by the accredited institution for the dissolution of liens and encumbrances having occurred, it shall be the responsibility of the registration system, from the next business day, to automatically adjust the priority of the other contracts applied to the receivables agenda in relation to the contract for the promise of assignment subject to rescission." (NR)

"Art. 15.
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XII - prepare monthly reports on the evaluation of compliance, by the accredited institutions and the sub-accredited entities connected to them, with the rules set forth in this Resolution and in the convention referred to in art. 18;

XIII - observe the schedule established for interoperability services; and

XIV - make adjustments to the priorities of the contracts registered in the manner provided for in § 2º of art. 7º.

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"Art. 26. The convention referred to in art. 18, with the alterations resulting from the commands mentioned in items I, II and III of art. 27, shall be sent to the Central Bank of Brazil by:

I - May 2, 2023, regarding the commands mentioned in item I of art. 27;

II - October 2, 2023, regarding the commands mentioned in item II of art. 27; and

III - March 1, 2024, regarding the command mentioned in item III of art. 27.

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"Art. 27.
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II - April 1, 2024, regarding the commands contained in the articles:

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b) 7º, § 2º;

c) 8º; and

d) 13; and

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Art. 2º The sole paragraph of art. 7º of Resolution BCB No. 264, of 2022, is hereby revoked.

Art. 3º This Resolution enters into force on the date of its publication.

OTÁVIO RIBEIRO DAMASO RENATO DIAS DE BRITO GOMES Director of Regulation Director of Organization of the System Financial and of Resolution