BCB Resolution No. 372 — Amends BCB Resolution No. 339 to establish quorum for decision-making in the drafting and amendment of the convention for the exercise of bookkeeping, registration, and centralized deposit activities for book-entry bills of exchange

BCB RESOLUTION NO. 372, OF MARCH 26, 2024

Amends
BCB Resolution No. 339, of August 24, 2023, to establish quorum for decision-making in the drafting and amendment of the convention for the exercise of activities of bookkeeping, registration, and centralized deposit of book-entry bills of exchange.

The Collegiate Board of the Central Bank of Brazil, in a session held on March 26, 2024, based on arts. 9 of Law No. 4.595, of December 31, 1964, 22, item II, and 28, item II, of Law No. 12.810, of May 15, 2013, 3, § 1, 4, § 2, and 11 of Law No. 13.775, of December 20, 2018, combined with the provisions of Decree No. 9.769, of April 16, 2019, and having in view the provisions of Resolution No. 4.815, of May 4 2020,

R E S O L V E :

Art. 1 BCB Resolution No. 339, of August 24, 2023, shall enter into force with the following amendments:

“Art. 30. ..........................................................................................................

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§ 7 Registered entities, central depositories of financial assets, and bookkeepers that are not signatories to the convention must adhere to the terms agreed therein as a condition for the exercise of registration, centralized deposit or bookkeeping activities for book-entry bills of exchange, upon request for authorization sent to the Central Bank of Brazil.

§ 7-A Upon adhering to the convention, in accordance with § 7, registered entities, central depositories of financial assets, and bookkeepers are equated to the respective signatories for the purposes of this Resolution.

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“Art. 33.
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§ 3 The processes of drafting and amending the convention, and the respective manuals, must observe the following quorums for the purpose of decision-making on the content to be submitted for approval to the Central Bank of Brazil or communicated to it:

I - a qualified majority of two-thirds of the institutions eligible to participate in the drafting or amendment process, in the case of matters listed in items VI, VIII and XI of § 1 of art. 30; and

II - an absolute majority of the institutions eligible to participate in the drafting or amendment process, in all other cases.

§ 4 The conventions and their amendments, including their manuals, submitted for approval to the Central Bank of Brazil, or communicated to it, without compliance with the provisions of § 3 and art. 30 shall be returned without merit analysis, in which case the Central Bank of Brazil shall set a deadline of up to ninety days to resolve the identified pending issues, without prejudice to the eventual application of coercive and sanctioning measures provided for in the legislation.

§ 5 Signatory institutions must present, upon submission of the convention, including its manuals, and their respective amendments for approval to the Central Bank of Brazil, or communicated to it, the following documents:

I - minutes or equivalent documents that record the votes cast in the decision-making process, in accordance with the quorums provided for in § 3, items I and II, of this article; and

II - documents proving the legitimacy and full powers, without restrictions or limits, of the representatives of the signatories to the convention, designated in the bylaws or articles of association.” (NR)

“Art. 35. The signatory entities to the convention referred to in Chapter VII must participate in the homologation testing cycle of their systems.

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“Art. 36. The homologation tests necessary for the evaluation of authorization requests or communications referred to in art. 35, sent by a signatory entity to the convention after the deadline provided for in § 1 of art. 35, and of authorization requests or communications related to the exercise of registration, centralized deposit or bookkeeping activities for book-entry bills of exchange sent by entities that are not signatories to the convention shall be carried out according to their own schedules, to be established jointly with the Central Bank of Brazil.” (NR)

Art. 2 The provisions of this Resolution also apply to the processes of approval of convention under review at the Central Bank of Brazil.

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

RENATO DIAS DE BRITO GOMES OTÁVIO RIBEIRO DAMASO
Director of System Organization Director of Regulation

Financial and Resolution