BCB Resolution No. 35 — Amends Circular No. 3,952 of June 27, 2019, Regarding the Registration of Receivables from Payment Arrangements Based on Postpaid Accounts and Demand Deposits in the Brazilian Payments System

Resolution No. 35

BCB RESOLUTION
NO. 35, OF OCTOBER 29, 2020

Amends Circular No. 3,952, of June 27, 2019, which provides for the registration of receivables arising from transactions within the scope of a payment arrangement based on a postpaid account and a demand deposit that is part of the Brazilian Payments System.

The Collegiate Board of the Central Bank of Brazil, in a session held on October 29, 2020, 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,

R E S O L V E:

Art. 1 The Circular No. 3,952, of June 27, 2019, shall enter into force with the following alterations:

“CHAPTER VI

FINAL PROVISIONS

Art. 15-A The registrar entities responsible for receivables registration systems of payment arrangements and the acquiring institutions must participate in homologation integration tests between their systems.

§ 1 The entities and institutions referred to in the main text must appoint a director responsible for carrying out the homologation tests.

§ 2 The director mentioned in § 1 may perform other functions in the entity or institution, provided there is no conflict of interest.

§ 3 The acquiring institutions must ensure that the sub-acquiring institutions linked to them participate in the tests referred to in the main text.

§ 4 The registrar entities responsible for payment arrangement receivables registration systems must submit a test plan for approval by the Central Bank of Brazil.

§ 5 Failure to comply with the tests established in the main text subjects the registrar entities, regarding their registration and creation of liens on receivables from payment arrangements activities, and the acquiring institutions to the provisional suspension of the conduct of their operations, from the date mentioned in item II of art. 17.

§ 6 In the event that the Central Bank of Brazil determines the suspension treated in § 5, the conditions under which this suspension will be lifted must be established.” (NR)

“Art. 15-B. A normative instruction will establish the procedures necessary to comply with the provisions of this Circular, including regarding the definition:

I - of the schedule and documentation necessary for the performance of the homologation tests referred to in art. 15-A;

II - of the measures to be adopted by the registrar entities and the acquiring institutions that do not comply with the test schedule referred to in item I of the main text, especially aiming to give publicity to this fact; and

III - of the measures to be adopted by the acquiring institutions in relation to the sub-acquiring institutions for which it provides service that have not complied with the test schedule referred to in item I of the main text, especially aiming to give publicity to this fact.” (NR)

“Art. 17. ..........................................................................................................

I - on the date of its publication, regarding Chapter V and arts. 15-A and 15-B;

II - on February 17, 2021, regarding the remaining provisions.” (NR)

Art. 2 This Resolution enters into force on the date of its publication.

Otávio
Ribeiro Damaso