BCB Resolution No. 365 — Amending Resolution BCB No. 96 of May 19, 2021, Regarding the Opening, Maintenance, and Closure of Payment Accounts

RESOLUTION
BCB NO. 365, OF DECEMBER 21, 2023

Amends Resolution BCB No. 96, of
May 19, 2021, which provides for the opening, maintenance, and closure of payment accounts.

The Collegiate Board of the Central Bank of Brazil, in a session held on December 14, 2023, based on arts. 6, § 1, 9, item II, and 15 of Law No. 12,865, of October 9, 2013, and having in view the provisions of art. 13 of Resolution No. 4,282, of November 4, 2013,

R E S O L V E:

Art. 1. Resolution BCB No. 96, of May 19, 2021, shall enter into force with the following alterations:

“Art. 6
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VIII - the forms and channels for sending or making available the statements and invoices, when applicable;

IX - the charges applicable to credit operations and resulting from non-compliance with obligations, as well as the criteria and procedures for their collection, in the case of services related to post-paid payment accounts; and

X - the forms and options for settling and financing the outstanding balance of the invoice of post-paid payment instruments, with the standard form for financing the outstanding balance of revolving credit provided by the institution highlighted in the contract.

.........................................................................................................................” (NR)

“Art. 6-A. In the contracting of post-paid payment instruments, the institution must offer the account holder the option of at least three billing due dates, with a difference of at least seven days between them.

Sole Paragraph.
The provisions of the main text do not apply to post-paid payment accounts whose contracts provide for payment of the invoice through payroll deduction.” (NR)

“Art. 9. The invoice of a post-paid payment account made available to the account holder by physical or electronic means must present the information in an orderly manner according to the following groups of information:

I - highlight area;

II - payment alternatives; and

III - complementary information.

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§ 3. The group of information regarding the highlight area must contain exclusively the following information:

I - total invoice value;

II - due date of the invoice for the current period; and

III - total credit limit.

§ 4. The group of information regarding payment alternatives must contain exclusively the following information:

I - value of the mandatory payment referred to in art. 11, indicating in current currency the total and individual values of each component as set forth in items I to III of art. 11;

II - value of the charges to be charged in the following period, in the case of making only the mandatory payment referred to in art. 11;

III - options for financing the outstanding balance of the invoice; and

IV - effective monthly and annual interest rates and the Effective Total Cost (CET) related to the credit operations eligible for contracting referred to in item III.

§ 5. The group regarding complementary information must contain, at a minimum, the following information:

I - transactions posted in the payment account, by event, including when installment payments;

II - identification of credit operations contracted and respective values;

III - value of each installment of the credit operations contracted, including the installment number in relation to the total, in case of installment billing;

IV - values related to interest and financial charges charged in the current period, segregated according to the types of credit operations contracted;

V - total value of interest and financial charges charged related to the credit operations contracted;

VI - identification of the tariffs charged, in accordance with the rules set forth in current regulation, including the installment number in relation to the total, in case of installment billing;

VII - date of closing of the postings in the invoice for the following period;

VIII - identification of the final users beneficiaries of payment or transfer, including in situations where the payment service involves institutions participating in different payment arrangements;

IX - individual limits for each type of operation, including the credit limits used and available; and

X - total consolidated balance of future obligations, including those related to purchase installments, credit operations, and tariffs.

§ 6. The group of information regarding payment alternatives referred to in § 4 must be presented in a manner that allows the account holder to compare the options made available for the settlement of the invoice obligations.

§ 7. The financing options referred to in item III of § 4 must inform the total costs borne by the account holder and be presented in order from the lowest to the highest total value to be paid by the holder.

§ 8. For the purposes of identification referred to in item VIII of § 5, the trade name of final users who are legal entities and sole proprietors must be made available in the invoices of the post-paid payment account, when applicable.

§ 9. Payment transactions and other obligations carried out in the post-paid payment account in an installment manner must be presented in the invoices made available by any means to the account holder within two business days from the date of opening of the invoice for the current period.” (NR)

“Art.
10. The granting of credit limits
associated with a post-paid payment account must, with respect to the holders of the accounts, be compatible with, at a minimum:

I

• the risk profile;

II

• the qualification, including its financial capacity, in accordance with the
  current regulation that disciplines the procedures intended to know the clients;

III

• the existence of associated vulnerabilities; and

IV

• other products and services and credit operations contracted by the holder,
  including at other institutions, to the extent applicable.

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§
4. The consent of the holder for
increasing credit limits must be obtained for each event, observing also the need to communicate the limit adjustment to the holder at the time of its realization.

§
5. The institution must comply within
two business days with the request, made at any time, of the account holder for the reduction of the credit limit.

§
6. The compatibility in the granting of
credit limits referred to in the main text must be periodically reevaluated, including in the case of effective portability of credit of the operations associated with the post-paid payment account of the holder.” (NR)

“CHAPTER
V

OF
THE PAYMENT OF THE INVOICE OF THE POST-PAID PAYMENT ACCOUNT” (NR)

“Art. 11-A. For the purposes of payment of the invoice of the post-paid payment account, the total value of the invoice must appear initially as the standard payment option in the settlement options, including in any field to be filled in the billing document or in the form of payment.” (NR)

“Art. 11-B. The institution issuing a post-paid payment instrument must, through agile and easily accessible service channels, make available to the account holder:

I - the option to request payment of the invoice by debit to an account or recurring payment, respecting the current regulation, in the case of the institution issuing the post-paid payment instrument that maintains checking accounts or pre-paid payment accounts;

II - the information on the forms and options available for settlement, including in advance, and the financing of the outstanding balance of the invoice; and

III - the information on the possibility of credit portability, in accordance with the current regulation, including guidance on obtaining information on the procedures necessary for its request.

Sole Paragraph. The provisions of item I of the main text apply even to institutions belonging to the same prudential conglomerate, encompassing institutions that maintain checking accounts or pre-paid payment accounts.” (NR)

“Art. 11-C. The institution issuing a post-paid payment instrument must send to the account holder, through electronic channels, free of charge, notifications with information on:

I - the due date of the invoice, with at least two days in advance of the due date, including clarifications that non-payment of the total value of the invoice results in the charging of interest and charges;

II - the consequences of eventual non-payment of the mandatory value of the invoice and of late payment, as well as guidance for access to the information referred to in item II of art. 11-B, from the next business day immediately following the due date of the invoice;

III - the start of any installment payment of the balance of revolving credit and the corresponding invoice; and

IV - the start of the charging of the annual fee tariff, after any period of exemption from charging, if applicable, with at least one month in advance counted from the date of start of the charging.” (NR)

Art.
2. Items IV to XIII of the main text and § 2 of art. 9 of Resolution
BCB No. 96, of 2021, are hereby repealed.

Art. 3. This Resolution enters into force on July 1, 2024.

OTÁVIO
RIBEIRO DAMASO
Director of Regulation