Rule · BCB · 5 Jun 2024 · Resolução BCB 384
Institutions must update debtor balances and sums of exposures secured by fiduciary alienation at least in June and December of each calendar year. Updates may use information from creditor consultations with grantor authorization or public registry data assuming normal operation. This resolution replaces Article 1 of BCB Resolution No. 229 of May 12, 2022, and enters into force on the date of its publication.
Resolution No. 384
BCB RESOLUTION
NO. 384, OF JUNE 5, 2024
Amends BCB Resolution No. 229, of May 12, 2022, which establishes the procedures for calculating the portion of risk-weighted assets – RWA – related to credit risk exposures subject to the calculation of the capital requirement through the standardized approach – RWACPAD, as provided for in CMN Resolution No. 4,958, of October 21, 2021, and BCB Resolution No. 200, of March 11, 2022.
The Collegiate Board of the Central Bank of Brazil, in a session held on June 5, 2024, based on the provisions of Arts. 9, 10, caput, item IX, and 11, caput, item VII, of Law No. 4,595, of December 31, 1964, and Art. 9, caput, item II, of Law No. 12,865, of October 9, 2013, and considering the provisions of Art. 3, § 2, of CMN Resolution No. 4,958, of October 21, 2021, Arts. 3, caput, items III and VIII, and 14 of Resolution No. 4,282, of November 4, 2013, and Art. 3, § 2, of BCB Resolution No. 200, of March 11, 2022,
R E S O L V E:
Art. 1 BCB Resolution No. 229, of May 12, 2022, shall enter into force with the following alterations:
“Art. 49. ....................................................................................................................
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§ 1 ...........................................................................................................................
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III - .............................................................................................................................
b) in the form of fiduciary alienation of the property, provided that the institution can, under the applicable legislation, initiate the foreclosure procedure of the property independently of any other fiduciary creditors, observing the provisions of § 11;
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§ 8 In the case of multiple credit operations secured by the same property, including those granted by other institutions, the value of the debtor balance, when necessary for the determination of the Fund for Risk Provision (FPR), must be calculated separately for each exposure and include the sum of the amounts due in all operations that have collateral with equal or higher priority regarding the proceeds from the foreclosure of the collateral under the applicable legislation.
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§ 11. If the institution cannot, under the applicable legislation, initiate the foreclosure procedure of the property independently of any other fiduciary creditors, it is permitted as an alternative criterion, for the purposes of item III, letter “b” of § 1, to consider as its own exposure the sum of the exposures secured in the form of fiduciary alienation of the respective property with priority over the institution's exposure and include it in the calculation of the metrics applicable for the duration of the contract related to the exposure held by the institution.
§ 12. In the calculation of the debtor balance mentioned in § 8 and the sum referred to in § 11, the values related to credit operations granted by other institutions must be updated, at least, in the months of June and December of each calendar year, allowing the use of information:
I - obtained from consultation with other creditor institutions, with the authorization of the grantor; or
II - registered in the public registry, with the institution updating the values assuming the normal course of the operation.” (NR)
Art. 2 This Resolution enters into force on the date of its publication.
Otávio
Ribeiro Damaso
Director of Regulation
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“Amends BCB Resolution No. 229, of May 12, 2022, which establishes the procedures for calculating the portion of risk-weighted assets”
“and Art. 9, caput, item II, of Law No. 12,865, of October 9, 2013”
“based on the provisions of Arts. 9, 10, caput, item IX, and 11, caput, item VII, of Law No. 4,595, of December 31, 1964”
“and BCB Resolution No. 200, of March 11, 2022.”
“as provided for in CMN Resolution No. 4,958, of October 21, 2021”
“considering the provisions of Art. 3, § 2, of CMN Resolution No. 4,958, of October 21, 2021, Arts. 3, caput, items III and VIII, and 14 of Resolution No. 4,282, of November 4, 2013”
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