INSTRUCTION NORMATIVE BCB NO. 453, OF JANUARY 30, 2024

Publishes procedures, documents, deadlines, and information necessary for the processing of authorization requests provided for in art. 3, items V, VII, XI, and XIII, of CMN Resolution No. 4,970, of November 25, 2021, filed by a single credit cooperative affiliated with a central credit cooperative, and amends Instruction Normative BCB No. 299, of August 30, 2022.

The Head of the Department of Financial System Organization (Deorf), using the authority conferred by arts. 23, item I, letter “a”, and 98, item VI, of the Internal Regulations of the Central Bank of Brazil, annexed to BCB Resolution No. 340, of September 21, 2023, based on art. 27 of CMN Resolution No. 4,970, of November 25, 2021, art. 21, item I, of CMN Resolution No. 5,051, of November 25, 2022, and art. 3, § 1, of CMN Resolution No. 5,061, of February 16, 2023,

R E S O L V E S:

CHAPTER I

ON THE OBJECT AND SCOPE OF APPLICATION

Art. 1. Procedures, documents, deadlines, and information necessary for the processing of authorization requests provided for in art. 3, items V, VII, XI, and XIII, of CMN Resolution No. 4,970, of November 25, 2021, filed by a single credit cooperative affiliated with a central credit cooperative, are hereby published.

Sole Paragraph. This Instruction Normative does not apply to authorization requests referred to in the caput that result from matters provided for in art. 3, item III, of CMN Resolution No. 4,970, of November 25, 2021.

CHAPTER II

ON THE PROCESSING OF CASES

Section I

General Provisions

Art. 2. Authorization requests referred to in this Instruction Normative must be filed with the Central Bank of Brazil, directed to the Department of Financial System Organization (Deorf), in accordance with current regulation, accompanied by the relevant documents and information.

Art. 3. The documents provided for in arts. 7, 10, 12, and 14 of this Instruction Normative must be sent by the single credit cooperative to its respective central credit cooperative, which will keep them in its custody and make them available to the Central Bank of Brazil.

Art. 4. After receiving the documents referred to in art. 3 of this Instruction Normative, the central credit cooperative must:

I - verify the regularity of the authorization request against current legislation and regulation, as provided in art. 21, item I, of CMN Resolution No. 5,051, of November 25, 2022; and

II - direct the authorization request to the Central Bank of Brazil, in accordance with arts. 8, 11, 13, and 15 of this Instruction Normative.

Art. 5. The information necessary for the processing of the cases must be included by the single credit cooperative in the System of Information on Entities of Interest of the Central Bank (Unicad), in accordance with current regulation.

Art. 6. The document models provided for in this Instruction Normative are available in the Financial System Organization Manual (Sisorf), accessible through the Central Bank of Brazil's internet page.

Section II

Authorization for Appointment and Exercise of Elected Positions in Statutory Bodies

Art. 7. For authorization regarding the appointment and exercise of elected persons to positions in statutory bodies, the single credit cooperative must send to its respective central credit cooperative, within fifteen days of the respective act or deliberation, the following documents:

I - request, in the form of Sisorf model 8.20.10.5;

II - declaration, signed by the elected persons, stating that they meet the requirements of unblemished reputation and, in the case of administrators, technical qualification compatible with the functions to be exercised during the term, as well as the conditions established by current legislation and regulation, in the form of Sisorf model 8.20.20.9;

III - authorization, signed by the elected persons, in the form of Sisorf model 8.20.20.9, to the Central Bank of Brazil to, during the approval process of their names and the period of exercise of the position:

a) access information about them, in any public or private registration and information system, including judicial or administrative proceedings and police inquiries;

b) carry out the processing and shared use of personal data belonging to them, including those considered sensitive and covered by confidentiality, in accordance with current legislation;

IV - authorization, signed by the elected persons, in the form of Sisorf model 8.20.20.9, to the central credit cooperative to, within the scope of the authorization request regarding appointment and exercise and during the period of exercise of the position:

a) access information about them, in any public or private registration and information system, including judicial or administrative proceedings and police inquiries;

b) carry out the processing and shared use of personal data belonging to them, including those considered sensitive and covered by confidentiality, in accordance with current legislation;

c) access any information, protected by legal confidentiality or not, or documents related to the analysis by the Central Bank of Brazil of their names for the exercise of the positions and while their terms last;

d) be aware of the processing of the respective authorization, monitoring, or supervision cases and obtain copies of documents contained therein, including those containing data belonging to them protected by any type of confidentiality, even those considered sensitive, in accordance with current legislation.

V - declaration, signed by the single credit cooperative, in the form of Sisorf model 8.20.20.7, stating:

a) knowledge of the legal and regulatory requirements and conditions to which the elected persons are subject for the exercise of the positions, as well as the cases of ineligibility;

b) that research has been conducted regarding the elected persons in public and private registration and information systems and that they meet the legal and regulatory requirements and conditions necessary for the exercise of the positions;

c) that it has been verified that the elected administrators possess technical qualification compatible with the functions to be exercised during the term;

d) that it has been authorized by the elected persons to access any information, protected by legal confidentiality or not, or documents related to the analysis by the Central Bank of Brazil of their names for the exercise of the positions and while their terms last;

e) that it has been authorized by the elected persons to be aware of the processing of the respective authorization, monitoring, or supervision cases and to obtain copies of documents contained therein, including those containing data belonging to them protected by any type of confidentiality, even those considered sensitive, in accordance with current legislation.

Sole Paragraph. The single credit cooperative must communicate to the Central Bank of Brazil, through Unicad, within five days of the event, information regarding the dates of appointment, resignation, dismissal, and temporary absences exceeding fifteen days of occupants of positions in statutory bodies, as well as the reassignment to another position in the same statutory body.

Art. 8. The central credit cooperative must send to the Central Bank of Brazil, within forty-five days of receiving the documents of art. 7, the following documents:

I - request, in the form of Sisorf model 8.20.10.24;

II - declaration, signed by the central credit cooperative, in the form of Sisorf model 8.20.20.10, stating:

a) knowledge of the legal and regulatory requirements and conditions to which the elected persons are subject for the exercise of the positions, as well as the cases of ineligibility;

b) that research has been conducted regarding the elected persons in public and private registration and information systems;

c) that it has in its custody the authorizations of the elected persons for the Central Bank of Brazil to access information about them, contained in any public or private registration and information system, including judicial or administrative proceedings and police inquiries, and to carry out the processing and shared use of personal data belonging to them, including those considered sensitive and covered by confidentiality, in accordance with current legislation;

d) that it has verified the compliance by the elected persons with the requirements, including technical qualification, in the case of administrators, and the legal and regulatory conditions necessary for the exercise of the positions;

e) that it has been authorized by the elected persons to access any information, protected by legal confidentiality or not, or documents related to the analysis by the Central Bank of Brazil of their names for the exercise of the positions and while their terms last;

f) that it has been authorized by the elected persons to be aware of the processing of the respective authorization, monitoring, or supervision cases, and to obtain copies of documents contained therein, including those containing data belonging to them protected by any type of confidentiality, even those considered sensitive, in accordance with current legislation.

Art. 9. For the purpose of complying with the caput of art. 33 of Law No. 4,595, of December 31, 1964, the single credit cooperative must communicate the act related to the election, within fifteen days of its occurrence, by including the relevant information in Unicad.

Section III

Authorization for Change of Corporate Name

Art. 10. For authorization regarding the change of corporate name, the single credit cooperative must send to its respective central credit cooperative, within fifteen days of the respective act or deliberation, the request, in the form of Sisorf model 8.20.10.8.

Art. 11. The central credit cooperative must send to the Central Bank of Brazil, within forty-five days of receiving the document of art. 10, the request, in the form of Sisorf model 8.20.10.25.

Section IV

Authorization for Amendment of the Bylaws

Art. 12. For authorization regarding the amendment of the bylaws, the single credit cooperative must send to its respective central credit cooperative, within fifteen days of the respective act or deliberation, the following documents:

I - request, in the form of Sisorf model 8.20.10.14;

II - electronic file pertinent to the consolidated bylaws.

Art. 13. The central credit cooperative must send to the Central Bank of Brazil, within forty-five days of receiving the documents of art. 12, the following documents:

I - request, in the form of Sisorf model 8.20.10.26;

II - electronic file pertinent to the consolidated bylaws of the single credit cooperative.

Section V

Authorization for Transfer of Headquarters to Another Municipality

Art. 14. For authorization regarding the transfer of the headquarters to another municipality, the single credit cooperative must send to its respective central credit cooperative, within fifteen days of the respective act or deliberation, the request, in the form of Sisorf model 8.20.10.16.

Art. 15. The central credit cooperative must send to the Central Bank of Brazil, within forty-five days of receiving the document of art. 14, the request, in the form of Sisorf model 8.20.10.27.

CHAPTER III

FINAL PROVISIONS

Art. 16. The acts provided for in this Instruction Normative to be performed by the central credit cooperative may be performed, totally or partially, by the credit or service confederation authorized to operate by the Central Bank of Brazil, of the respective cooperative system, upon prior justification presented by the confederation to the Central Bank of Brazil.

Art. 17. Instruction Normative BCB No. 299, of August 30, 2022, shall enter into force with the following alteration:

“Art. 1. ...........................................................................................................

Sole Paragraph. The provisions of arts. 11, 13, 17, and 19 of this Instruction Normative do not apply to the single credit cooperative affiliated with the central credit cooperative, except in cases where the authorization requests result from the acts provided for in art. 3, item III, of CMN Resolution No. 4,970, of November 25, 2021.”

Art. 18. This Instruction Normative enters into force on February 1, 2024.

CAROLINA PANCOTTO BOHRER
Head

ANNEX

NOTE

1. This Instruction Normative BCB (IN BCB) aims to publish the procedures, documents, and information necessary for the processing of requests by single credit cooperatives affiliated with central credit cooperatives regarding the matters addressed in art. 3, items V, VII, XI, and XIII, of CMN Resolution No. 4,970, of November 25, 2021.

2. The alteration regarding the processing procedures for the requests referred to in the previous item does not impact the legitimacy to submit authorization requests to the Central Bank of Brazil, which continues to belong to the single cooperative, as only the forwarding of the request is now performed by the central cooperatives.

3. Regarding the evaluation of the compatibility of the authorization requests of the single cooperatives with current legislation and regulation, as well as regarding the verification and forwarding of documents to the Central Bank of Brazil, to be performed by the central cooperatives or credit or service confederations, it is necessary to clarify that such procedures are contained in art. 21, item I, of CMN Resolution No. 5,051, of November 25, 2022, and in art. 3, § 1, of CMN Resolution No. 5,061, of February 16, 2023. It is also important to highlight that the competence for the decision of the requests remains entirely with the Central Bank of Brazil, in accordance with the current legal and normative structure.

4. Decree No. 10,411, of June 30, 2020, regulates the conduct of regulatory impact analysis (AIR) as a prerequisite for the issuance of normative acts. However, in its article 4, the aforementioned decree establishes the cases for exemption from conducting AIR. This IN BCB falls under the case provided for in item II, as it does not bring any additional requirement to that contained in current regulation (CMN Resolution No. 4,970, of November 25, 2021) and is intended to clarify the manner of compliance with obligations defined in a hierarchically superior norm. Thus, based on item II of art. 4 of Decree No. 10,411, of 2020, I understand that the issuance of this IN BCB is exempt from conducting AIR.

CAROLINA PANCOTTO BOHRER
Head