BCB Resolution No. 89 of April 22, 2021

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RESOLUTION
BCB NO. 89, OF APRIL 22, 2021

Revoked normative document, as of 11/01/2021, by BCB Resolution No. 150, of 10/06/2021.

Amends Circular No. 3,682, of November 4, 2013, and its attached Regulation, to provide for interoperability between open payment arrangements and closed payment arrangements; the clearing and settlement of operations between participants of the same payment arrangement integrated into the Brazilian Payments System (SPB); the arrangements that do not integrate the SPB; and the inclusion of a new criterion for exemption from authorization of closed arrangements.

The Collegiate Board of the Central Bank of Brazil, in a session held on April 20, 2021, based on the provisions of arts. 6, § 4, 9, item I, and 15 of Law No. 12,865, of October 9, 2013, and having in view the provisions of arts. 6 and 9 of Resolution No. 4,282, of November 4, 2013,

R E S O L V E:

Art.
1º Circular No. 3,682, of November 4, 2013, shall enter into force with the following alterations:

“Art. 1º The Regulation on the Provision of Payment Services within the Scope of Payment Arrangements Integrated into the Brazilian Payments System (SPB), as set forth in Annex I, is hereby approved.” (NR)

“Art. 2º The following payment arrangements (arrangements) do not integrate the SPB:

I - of limited purpose, when the payment instruments are:

a) accepted only in the network of establishments of the same business entity, when not issued by it, or in the store networks of entities belonging to the same business group, regardless of the issuer;

b) accepted only in a network of establishments for the distribution and sale of products or services that clearly present the same visual identity among themselves, under the regime of business franchising or through a brand use agreement;

c) intended exclusively for the payment of public services provided directly by the public authority or under a legal regime of grant, concession, permission, or authorization; or

d) issued and accepted exclusively within the scope of a closed arrangement, in accordance with item I of art. 2 of Annex I to this Circular, and which are intended exclusively for the payment:

1. of a specific type of product or service;

2. of a restricted set of products; or

3. of services intended to meet a specific economic activity or specialized markets;

II - in which the set of participants presents, in a consolidated and accumulated manner over the last twelve months, volumes lower than:

a) R$20,000,000,000.00 (twenty billion reais) in total transaction value; and

b) 100,000,000 (one hundred million) transactions;

......

§ 3º A payment arrangement not integrated into the SPB based on the criteria established in item II of the caput shall integrate the SPB if its issuer is responsible for another payment arrangement integrated into the SPB.

§ 4º The issuer of a payment arrangement not integrated into the SPB based on item II of the caput must monitor the evolution of the indicated limits and, upon verifying the exceedance of any of these limits by any of the arrangements established by it, must, except for the exemption cases provided for in art. 19 of Annex I to this Circular, submit an application for authorization of all arrangements established by it that are not classified under items I or III of the caput, within a period of 90 (ninety) days, counted from the date of exceedance.

§ 5º Except for the exemption cases provided for in art. 19 of Annex I to this Circular, the establishment of new payment arrangements not classified under items I and III of the caput by an issuer responsible for an arrangement that already integrates the SPB must be preceded by authorization for operation in accordance with current regulations.

§ 6º Only payment arrangements whose business model is listed in the List of Business Models of Limited-Purpose Payment Arrangements, present in Annex II to this Circular, fall under item “d” of item I of the caput.” (NR)

Art. 2º The Regulation attached to Circular No. 3,682, of 2013, shall enter into force with the following alterations:

“ANNEX I TO CIRCULAR NO. 3,682, OF
NOVEMBER 4, 2013

REGULATION ON THE PROVISION OF
PAYMENT SERVICES WITHIN THE SCOPE OF PAYMENT ARRANGEMENTS INTEGRATED INTO THE BRAZILIAN PAYMENTS SYSTEM (SPB)” (NR)

“Art. 19. ......

......

II

• if it is a closed arrangement established by an institution authorized to operate by the Central Bank of Brazil in the cases where these institutions are exempt from authorization for the provision of payment services, in accordance with art. 16 of BCB Resolution No. 80, of March 25, 2021;

......

IV

• if it is a closed arrangement established by
  a payment institution authorized to operate by the Central Bank of Brazil.

......”
(NR)

“Art. 26. ......

......

§ 3º ......

......

V - to the settlement of receivables from payment arrangements previously advanced to the end-user payee, directly to the institution that performed the advance, which may be a:

a) payment institution acquirer;

b) financial institution that provides acquiring services;

c) payment institution issuer of electronic money that interoperates with the payer's payment arrangement; or

d) sub-acquiring institution;

VI - to the settlement of receivables from payment arrangements discounted to the financial institution or payment institution indicated in the contract that formalizes the discount operation;

VII - to the settlement of the receivables from payment arrangements delivered as collateral in credit operations, to the financial institution or payment institution indicated in the contract that formalizes the credit operation; and

VIII - to the settlement of any other operation that implies a change in possession or of effective or fiduciary ownership of the receivables from payment arrangements, to the financial institution or payment institution indicated in the contract that formalizes this operation.

§ 3º-A It is optional for the institutions referenced in item V of § 3º to settle the advance of their obligations to the receiving user, arising from payment transactions authorized within the scope of the payment arrangement, in the settlement system referred to in item I of the caput, except as provided in item VII of § 3º.

......

§ 9º The issuers of payment arrangements referred to in the caput of art. 25 shall implement the centralized settlement referred to in the caput within a period of 90 (ninety) days counted:

I - from the date of authorization of the establishment of the payment arrangement by the Central Bank of Brazil, and

II - from the date of authorization of the alteration of the arrangement's regulation that promoted the opening of participation in a closed payment arrangement.” (NR)

“Art. 30. ......

......

§
5º Interoperability between an open payment arrangement and a closed payment arrangement must occur through the participation, in the open arrangement, of the payment institution that operates the closed arrangement, in situations where the payment services provided by this institution fall under one or more of the participation modalities provided for in the open payment arrangement.” (NR)

Art.
3º Circular No. 3,682, of 2013, shall enter into force supplemented by Annex II, with the following content:

“ANNEX II

LIST
OF BUSINESS MODELS OF LIMITED-PURPOSE PAYMENT ARRANGEMENTS

Description	Type of payment account	Purpose	Territorial scope
Benefit programs for individuals based on employment relationships, service provision, or similar, not regulated by law or by an act of the Federal, State, or Municipal Executive Power, and intended for the payment of specific products or services	Prepaid or postpaid	Purchase	Domestic
Payment of expenses related to fleet management (maintenance and/or refueling services)	Prepaid or postpaid	Purchase	Domestic
Payments related to the commercialization of goods or services produced and supplied in digital format, whose use or consumption is restricted to one or more electronic devices and does not include the use or consumption of physical goods or services	Prepaid or postpaid	Purchase	Domestic or cross-border
Automatic payment of tolls and/or parking	Prepaid or postpaid	Purchase	Domestic	” (NR)

Art. 4º The issuer of a payment arrangement authorized or in the process of authorization by the Central Bank of Brazil that is also responsible for arrangements not integrated into the SPB, in accordance with item II of art. 2 of Circular No. 3,682, of 2013, must submit an application for authorization for the establishment of these arrangements, except for the exemption cases provided for in art. 19 of Annex I to Circular No. 3,682, of 2013.

Art. 5º Payment arrangement issuers must comply with the provisions of this Resolution within 180 (one hundred and eighty) days from the date of its entry into force.

Art. 6º The following provisions of Circular No. 3,682, of 2013, are hereby revoked:

I - § 1 of art. 2;

II - art. 14-A of the attached Regulation;

III - item I of art. 18 of the attached Regulation;

IV - § 1 of art. 19 of the attached Regulation;

V - items I, II, and IV of § 3 of art. 26 of the attached Regulation; and

VI - § 3 of art. 30 of the attached Regulation.

Art. 7º This Resolution enters into force on May 3, 2021.

João Manoel Pinho de Mello
Director of Financial System Organization and Resolution