BCB Resolution No. 38 — Consolidates the submission of information regarding investors in investment funds

BCB RESOLUTION NO. 38, OF NOVEMBER 11, 2020

Consolidates the submission of information regarding investors in investment funds.

The Collegiate Board of the Central Bank of Brazil, in a session held on November 11, 2020, considering the provisions of Article 106 of Law No. 13,097, of January 19, 2015, and Article 37 of Law No. 4,595, of December 31, 1964,

RESOLVES:

Art. 1 Investment fund administrators and financial institutions that act, in the manner regulated by the Securities and Exchange Commission (Comissão de Valores Mobiliários), as distributors of investment fund shares on behalf and in the name of clients must submit to the Central Bank of Brazil information regarding the investors and the respective investment funds.

Sole Paragraph. The information referred to in the caput must be submitted monthly, based on the last business day of each month, with the following content:

I - regarding the investment fund, its classes, and its subclasses: (Wording given, effective from 10/01/2024, BCB Resolution No. 414, of 09/19/2024.)

a) identification;

b) net assets;

c) number of shares;

d) number of investors;

II - regarding the investors:

a) investor identification; (Wording given, effective from 10/01/2024, BCB Resolution No. 414, of 09/19/2024.)

b) classification;

c) type of share;

d) number of shares;

e) value of shares.

Art. 2 The Department responsible for the curation of databases regarding investors in investment funds is authorized to establish the operational procedures necessary to comply with the provisions of this Resolution, including regarding the form, deadline, and conditions for the submission of the information referred to in Art. 1, as provided in the Internal Regulations of the Central Bank of Brazil.

Art. 3 The following are revoked:

I - Circular No. 3,945, of June 12, 2019; and

II - Article 2 of Circular No. 4,010, of April 28, 2020.

Art. 4 This Resolution enters into force on January 1, 2021.

Paulo Sérgio Neves de Souza

Director of Supervision