CMN Resolution No. 913 - Approves Regulations Governing the Microfilming of Documents by Financial Institutions and Entities Under BCB and CVM Supervision

RESOLUTION NO. 000913

THE CENTRAL BANK OF BRAZIL, in accordance with Article 9 of Law No. 4,595 of December 31, 1964, makes public that the MONETARY COUNCIL, in a session held on April 4, 1984, considering the provisions of Article 4, item VIII, of the aforementioned Law, and Article 1, Paragraph 2, of Law No. 5,433 of May 8, 1968, regulated by Decree No. 64,398 of April 24, 1969,

RESOLVES:

I - To approve the attached Regulation, which governs the microfilming of documents of financial institutions and other entities under the control and supervision of the Central Bank of Brazil and the Securities and Exchange Commission.

II - The Central Bank of Brazil and the Securities and Exchange Commission may adopt the measures deemed necessary for the execution of this Resolution.

III - This Resolution shall enter into force on the date of its publication.

Brasília-DF, April 5, 1984

Affonso Celso Pastore
President

ATTACHED REGULATION TO RESOLUTION NO. 913 OF APRIL 5, 1984, WHICH GOVERNS THE MICROFILMING OF DOCUMENTS OF FINANCIAL INSTITUTIONS AND OTHER ENTITIES UNDER THE CONTROL AND SUPERVISION OF THE CENTRAL BANK OF BRAZIL AND THE SECURITIES AND EXCHANGE COMMISSION. ---------------------------------------------------------------------

Article 1. Subject to the provisions of current federal legislation and the norms of this Regulation, financial institutions and other entities under the control and supervision of the Central Bank of Brazil and the Securities and Exchange Commission may microfilm and subsequently eliminate their operational documents subject to the supervision of those Agencies.

Paragraph 1. Once the procedure now permitted is adopted, the institution is obliged to maintain archives of the microfilms, easily accessible, properly ordered, classified, and cataloged, without prejudice to other measures aimed at facilitating and expediting consultations, reconstruction of operations, and meeting other supervision requirements.

Paragraph 2. Microfilming services, whether own or contracted with third parties, must observe the norms regarding banking secrecy required by Article 38 of Law No. 4,595 of December 31, 1964.

Paragraph 3. The faculty granted in this article does not exclude the observance of restrictive provisions contained in special legislations (tax, social security, labor, etc.).

Article 2. Loan, financing, and other credit operations contracts, as well as the pertinent supporting documents (guarantee instruments, registration forms, project analysis reports), after the operation has been settled and microfilming completed, may be eliminated, becoming indispensable in this case the maintenance of an indexing system containing the basic characteristic elements of each operation.

Article 3. Institutions that adopt micrographic systems must especially ensure quality control, the security of services and films, and their adequate conservation, observing the norms of legislation and this Regulation.

Article 4. The production of two microfilms shall be mandatory, with one remaining in the common archive and the other destined for the security archive.

Paragraph 1. The original chamber microfilm shall constitute the security archiving unit.

Paragraph 2. The microfilms referred to in the "caput" of this article shall be made available to the supervision of the Central Bank of Brazil and the Securities and Exchange Commission for the same prescription periods applicable to the documents contained therein.

Paragraph 3. The security archive shall be located in a place different from that where the common archive is situated.

Article 5. Before microfilming, documents must be conveniently prepared, understood as the removal of clips, staples, and pins, pasting if necessary, and indexing of papers.

Article 6. Documents that present serious deficiencies, which may generate doubts (material damage, reading difficulties, superimposed, rebound, or adulterated characters), may be microfilmed provided they receive an indicative stamp.

Sole Paragraph. The documents referred to in this article must be preserved.

Article 7. When microfilming reveals defects, the corresponding original documents must be microfilmed again; if the deficiency persists, the original documents must be preserved.

Article 8. For the authenticity of conventional microfilm rolls, the following images shall be used, mandatorily:

I - opening image, to indicate the beginning of microfilming and the summarized content of the microfilm;

II - closing image, to indicate the end of microfilming;

III - observation image, to indicate any irregularities found in the original documents, or in the microfilming operation, or still details regarding the microfilmed documents.

Article 9. The opening image shall contain:

I - the identification of the institution, the microfilm number, and the location and date of the start of microfilming;

II - summary of the microfilmed documentation;

III - mention, when applicable, that the microfilmed documentation is a continuation of documentation contained in a previous microfilm;

IV - identification of the operator, the equipment used, the filming unit, and the reduction;

V - declaration that the microfilming was carried out with observance of technical and legal norms, ensuring the faithful reproduction of the documents;

VI - signature, name, and functional qualification of the person responsible for the documentation and the person responsible for the microfilming.

Article 10. The closing image shall contain:

I - the identification of the institution and the location and date of the end of microfilming;

II - indication of the type, quantity, and order of the documentation and other necessary observations regarding the documents contained in the film;

III - term of closure of the film, with the signature of the person responsible for the microfilming;

IV - mention, when applicable, that the sequence of the microfilmed documentation continues in a subsequent microfilm.

Article 11. The observation image shall contain:

I - identification of the microfilm, location, and date;

II - indication of the irregularities found;

III - signature, name, and functional qualification of the person responsible for the microfilming.

Article 12. When centralized micrographic services are used, which perform microfilming of documents from various origins or provenances, the microfilming of the document transfer term shall be carried out, mandatorily, after the opening image or before the closing image.

Article 13. The document transfer term shall contain:

I - indication of the provenance or origin of the documents;

II - indication of the type and quantity of the documents;

III - declaration attesting to the authenticity of the transferred documents and the date of transfer;

IV - signature, name, and functional qualification of the holder of the documentation, at the origin.

Article 14. When, after the microfilming operation, the omission of a document is found, it must be microfilmed through the insertion of an observation image.

Article 15. The supervisory authorities of the Central Bank of Brazil and the Securities and Exchange Commission may require the extraction of a copy of the original chamber microfilm, and microfilms of the types silver halides, diazo, thermal, vesicular, or others with similar specifications may be used.

Sole Paragraph. The copy referred to in this article may be replaced by an original chamber microfilm generated simultaneously in the same microfilmer.

Article 16. For the purposes of supervision by the Central Bank of Brazil and the Securities and Exchange Commission, the use of copy microfilms in the form of jacket, window card, or another convenient for the purpose to which they are destined, is permitted, provided that standards of full legibility are observed.

Article 17. For the same supervision purposes, any degree of reduction may be used, provided that the integrity of the image is ensured, its reading in an appropriate device, and the reproduction of a paper copy, to be read with the naked eye.

Article 18. Cutting and amendment in the rolls of original chamber security microfilms are prohibited, under penalty of loss of authenticity for the purposes of supervision by the Central Bank of Brazil and the Securities and Exchange Commission.

Article 19. The elimination of original documents after microfilming shall be preceded by a term drawn up in a book, cards, or other type of proper record, with the signatures of the holder of the documentation and the person responsible for the microfilming.

Sole Paragraph. The records referred to in this article shall be collected and constitute the Register of Destruction of Microfilmed Documents, which shall remain available to the supervisory authorities of the Central Bank of Brazil and the Securities and Exchange Commission.

Article 20. The Register of Destruction of Microfilmed Documents shall contain:

I - numbered pages, when a book is used, or sequential numbering, when cards or similar records are used;

II - type, species, and quantity of the eliminated documents and the numbers of the corresponding microfilm rolls;

III - location and date of the destruction term;

IV - signature, name, and functional qualification of the person responsible for the archived original documentation and the person responsible for the microfilming.

Article 21. For the purposes of supervision by the Central Bank of Brazil and the Securities and Exchange Commission, the validity of the original chamber microfilm is independent of any authentication, provided that, in the event of elimination of original documents, the corresponding terms have been drawn up.

Article 22. Data transcriptions may be made using the original chamber microfilm, generated through an electronic processing system.

Sole Paragraph. The permissibility of use of the system referred to in this article shall observe, for the purposes of supervision by the Central Bank of Brazil and the Securities and Exchange Commission, the following requirements:

I - maintenance of the documents generating the information, in original or in conventional microfilm;

II - microfiches, as well as frames, of independent numerical, sequential, increasing order, available to supervision;

III - the microfiches shall have an identification title legible to the naked eye and image quality that ensures perfect legibility.

Article 23. The institution that intends to provide proof, before the supervision of the Central Bank of Brazil and the Securities and Exchange Commission, by means of microfilm, shall provide the supervisory authorities with the necessary means for the perfect execution of their work, such as: locations, equipment, and materials adequate for supervision; readers compatible with the system used, ensuring perfect legibility and reproduction of the microfilm; employee capable of attending to the requests of the supervisory authorities regarding the handling of equipment, location of microfilms, and information about the microfilmed documents.

Article 24. Subject to the restrictions contained in this Regulation and other legal and regulatory provisions, original documents, after being microfilmed, may be eliminated by mechanical or manual process that ensures their full disintegration, in accordance with norms regarding banking secrecy (Law No. 4,595/64, art. 38).

Article 25. The material resulting from the elimination of documents, provided that it is adequately disintegrated, in such a way as not to allow its recovery or reconstruction, may be alienated.

Article 26. The institution is solely responsible, vis-à-vis third parties, for facts arising from the elimination of any documents.

Article 27. The norms regarding the microfilming of checks (MNI-16-8-1) remain in force.

Article 28. Infractions of the provisions of this Regulation subject the institutions and their administrators to the penalties of Article 44 of Law No. 4,595 of December 31, 1964.

Article 29. Institutions that, on the date of publication of this Regulation, are executing microfilming services must adapt to its provisions within a period of 120 (one hundred and twenty) days.