Central Bank of Brazil Instruction Normative No. 413 of October 5, 2023

Resolution No. 222

INSTRUCTION NORMATIVE BCB No. 413, OF OCTOBER 5, 2023

Amends
Instruction Normative BCB No. 85, of March 10, 2021, which establishes the procedures for sending information regarding the calculations of regulatory limits and standards provided for in art. 3 of Resolution BCB No. 69, of February 10, 2021.

The Head of the Department of Monitoring of the Financial System (Desig), using the authority conferred upon him by art. 23, item I, letter “a”, of the Internal Regulations of the Central Bank of Brazil, annexed to Resolution BCB No. 340, of September 21, 2023, based on art. 85, item I, letter “b”, of said Regulations, and having in view the provisions of Resolution CMN No. 5,047, of November 25, 2022, and Resolution BCB No. 326, of June 14, 2023,

RESOLVES:

Art. 1º New versions of the layout and filling instructions for the document with code 2062 - Individual Operational Limits Statement (DLI), available on the Central Bank of Brazil website, at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd, shall enter into force, from the October 2023 reporting base.

Art. 2º The following changes were made to the filling instructions:

I - in Chapter II - General Guidelines:

a) inclusion of a new limit for Development Banks in the table of item 3;

II - in Chapter IV - Specific Guidelines:

a) inclusion of item 8;

III - in Chapter V - Tables:

a) in Table 001 - Limits:

1. inclusion of limits 09.00;

b) in Table 003 - Accounts:

1. inclusion of item B1) Detailing of the Limit for Raising Funds through Time Deposits and Financial Letters;

2. inclusion of accounts 9.00.00, 9.10.00, 9.10.10, 9.10.10.01, 9.10.10.02, 9.10.10.90, 9.90.00, 9.90.10 and 9.90.20.

Art. 3º The following changes were made to the layout:

I - in Annex 4 - Accounts:

a) inclusion of accounts 9.00.00, 9.10.00, 9.10.10, 9.10.10.01, 9.10.10.02, 9.10.10.90, 9.90.00, 9.90.10, 9.90.20.

Art. 4º Instruction Normative BCB No. 85, of March 10, 2023, shall enter into force with the following changes:

“Art.
2º ............................................................................................................

.........................................................................................................................

III - credit operations with related parties, with respect to financial institutions and leasing companies, as provided for in Resolution CMN No. 4,693, of October 29, 2018; and

IV - raising funds through time deposits and financial letters, with respect to development banks, as provided for in Resolution CMN No. 5,047, of November 25, 2022.

................................................................................................................”
(NR)

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

§ 1º As provided for in art. 7 of Resolution 69, of 2021, the elaboration and sending of the information provided for in this Instruction Normative are exempted for:

I - financial institutions and other institutions authorized to operate by the Central Bank of Brazil classified in S5, as established in Resolution No. 4,553, of 2017;

II - payment institutions; and

III - consortium administrators.

§
2º The exemption provided for in § 1º does not exempt the entities cited in that paragraph from responsibility for calculating and managing the limits applicable to them.

§
3º The information provided for in the caput regarding the limits and regulatory standards of all cooperatives belonging to organized systems of three or two levels must be sent by cooperative banks, by credit confederations, by service confederations constituted by central credit cooperatives or by central credit cooperatives, on an individual basis.

§
4º The information provided for in the caput must be sent from the first reporting base in which the institution authorized to operate by the Central Bank of Brazil is effectively operational.” (NR)

Art. 5º The sole paragraph of art. 3 of Instruction Normative BCB No. 85, of March 10, 2023, is revoked.

Art. 6º This Instruction Normative enters into force on the date of its publication.

GILNEU FRANCISCO ASTOLFI VIVAN

NOTE

The Individual Operational Limits Statement (DLI), document code 2062, whose normative basis is Resolution BCB No. 69, of February 10, 2021, reflects the prudential regulation provided for in various resolutions issued by the National Monetary Council (CMN) and the Central Bank of Brazil (BCB), and Instruction Normative BCB (IN BCB) No. 85, of March 10, 2021, aims to present, in a synthetic manner, the procedures for sending information regarding the details of the calculation of individual limits monitored by the BCB, at the calculation reporting base.

2. On June 14, 2023, Resolution BCB No. 326 was published, which amended Resolution BCB No. 69, of February 10, 2021, which amends and consolidates the procedures for sending information regarding the calculation of regulatory limits and standards specified therein.

3. This IN BCB promotes the following adjustments to document code 2062 - Individual Operational Limits Statement (DLI) and to IN BCB No. 85, 2021, valid from October 1, 2023, in order to incorporate the changes made by Resolution BCB No. 326, of 2023:

I - in the layout and filling instructions of the DLI:

a) inclusion of accounts to report the Limit for Raising Funds through Time Deposits and Financial Letters by Development Banks; and

b) inclusion of instructions to report the Limit for Raising Funds through Time Deposits and Financial Letters by Development Banks;

II - in IN BCB No. 85, of 2021:

a) inclusion of the new limit for Raising Funds through Time Deposits and Financial Letters by Development Banks in the list of limits to be reported in the DLI;

b) inclusion of the determination that information regarding the DLI of all cooperatives belonging to organized systems of three or two levels must be sent by cooperative banks, by credit confederations, by service confederations constituted by central credit cooperatives or by central credit cooperatives, on an individual basis; and

c) inclusion of a provision establishing that the sending of the DLI must be made from the first reporting base in which the institution authorized to operate by the Central Bank of Brazil enters into effective operation.

4. Decree No. 10,139, of November 28, 2019, which provides for the review and consolidation of normative acts lower than decree, determines in its art. 4º:

Art. 4º Normative acts shall establish a definite date for their entry into force and for their production of effects:

I - of, at least, one week after the date of their publication; and

II - always on the first day of the month or on its first business day.

5. However, in the sole paragraph of the cited article, the inapplicability of the provisions in its items is established, in the case of justified urgency, which applies in the present case due to the urgency of publication of this normative act, since the changes will have effect from October 2023, as established in Resolution BCB No. 326, of 2023.

6. Decree No. 10,411, of June 30, 2020, regulates the carrying out of regulatory impact analysis (AIR) as a prerequisite for the issuance of a normative act. However, in its article 4º, the aforementioned decree establishes the hypotheses for exemption from carrying out AIR. This IN BCB falls under the hypotheses provided for in the following items: II - normative act intended to discipline rights or obligations defined in a hierarchically superior norm that does not allow, technically or legally, different regulatory alternatives; III - normative act considered low impact; and VII - normative act that reduces requirements, obligations, restrictions, requests or specifications with the objective of reducing regulatory costs. Thus, based on the cited items, I understand that the issuance of this IN BCB is exempt from carrying out AIR.

GILNEU FRANCISCO ASTOLFI VIVAN
Head of the Department of Monitoring of the Financial System (Desig)