Resolution No. 42

RESOLUTION

BCB NO. 42, OF NOVEMBER 19, 2020

Amends the Regulation annexed to BCB Resolution No. 1, of August 12, 2020, which governs the operation of the Pix payment arrangement.

The Collegiate Board of the Central Bank of Brazil, in a session held on November 18, 2020, based on Art. 10, item IV, of Law No. 4.595, of December 31, 1964, Art. 10 of Law No. 10.214, of March 27, 2001, Arts. 6, 7, 9, 10, 14, and 15 of Law No. 12.865, of October 9, 2013, Resolution No. 4.282, of November 4, 2013, and considering the provisions of Communication No. 32.927, of December 21, 2018, and Communication No. 34.085, of August 28, 2019,

RESOLVES:

Art. 1. The Regulation annexed to BCB Resolution No. 1, of August 12, 2020, shall enter into force with the following alterations:

“Art. 3. ............................................................................................................

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VI - transactional account:

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c) PI account of the financial institution or payment institution, if it is a direct participant in the SPI, for payments or receipts resulting exclusively from its own obligations and rights;

d) deposit account or prepaid payment account of the financial institution or payment institution, if it is an indirect participant in the SPI, for payments or receipts resulting exclusively from its own obligations and rights; or

e) accounting account maintained at Caixa Econômica Federal in the name of lottery units for the movement of values corresponding to the permitted services, provided it is used only to receive funds;

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(NR)

“Art. 4-A. ........................................................................................................

I - transactional account, as referred to in Art. 3, item VI, items “b” and “e”; or

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(NR)

“Art. 112. ........................................................................................................

Sole Paragraph. The provisions in the main text do not apply to the case referred to in item II of Art. 110.” (NR)

“Section VI

Exemption from the fine penalty provided for in item I of Art. 93

Art. 113. Conducts that, in theory, would warrant the application of this penalty are exempt from the fine provided for in item I of Art. 93, provided that:

I - they are practiced during the period between November 3, 2020, and May 15, 2021;

II - there is cessation of the practice, within a timeframe to be established by the Central Bank of Brazil in a normative instruction, proven unequivocally by the participant; and

III - an alternative measure is adopted, at the initiative of the participant, involving, at minimum, the remediation of the irregularity, the implementation of measures to prevent its recurrence, and the repair of any damages.

§ 1. The provisions in the main text do not apply in cases where the participant repeatedly commits the infraction.

§ 2. The provisions of this article do not rule out the possibility of applying the other penalties provided for in this Regulation.” (NR)

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

João Manoel Pinho de Mello

Director of Organization of the Financial System and Resolution