Central Bank Resolution No. 172 of December 9, 2021, amending the Regulation annexed to Resolution BCB No. 1 of August 12, 2020, regarding Pix withdrawal and change services

RESOLUTION BCB NO. 172, OF DECEMBER 9, 2021

Amends the Regulation annexed to Resolution BCB No. 1, of August 12, 2020, which regulates the functioning of the Pix payment arrangement, to adjust provisions regarding Pix for withdrawal or change purposes.

The Collegiate Board of the Central Bank of Brazil, in a session held on December 9, 2021, 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, Communication No. 32.927, of December 21, 2018, and Communication No. 34.085, of August 28, 2019,

R E S O L V E:

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

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

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XXV - withdrawal service: service for making cash resources available to the paying user within the scope of the Pix Withdrawal or Pix Change products by the transactional account provider participant of the paying user;

XXVI - withdrawal service facilitator: a Pix participant that:

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c) optionally, facilitates the withdrawal service, directly or through a withdrawal agent, by establishing a contractual relationship for this purpose;

XXVII - withdrawal agent: a legal entity that establishes a contractual relationship with a withdrawal service facilitator to enable the facilitation of such service, which may be:

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

“Art. 11-A.
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III - payments related to the facilitation of the withdrawal service, which are those related to the receipt of Pix transactions for withdrawal or change purposes by the withdrawal agent to enable the making of cash resources available to the paying user within the scope of the Pix Withdrawal and Pix Change products.

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

“Art. 11-F. Pix Withdrawal consists of the transaction in which a paying user, with a transactional account in any Pix participant, performs a Pix with withdrawal purpose from their transactional account to the transactional account of the withdrawal service facilitator or the withdrawal agent, subsequently receiving cash resources in an amount corresponding to the Pix with withdrawal purpose.” (NR)

“Art. 11-G. Pix Change consists of the transaction in which a paying user, with a transactional account in any Pix participant, when making a purchase from a withdrawal agent that is one of the legal entities defined in letters “a” or “c” of item XXVII of Art. 3, performs a Pix with change purpose from their transactional account to the transactional account of the withdrawal agent, subsequently receiving cash resources in an amount corresponding to the difference between the value of the Pix with change purpose and the value of the purchase.” (NR)

“Art. 11-I.
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§ 2. Upon receipt by the withdrawal service facilitator or the withdrawal agent of the notification that their transactional account has been credited, the cash resources related to the withdrawal service shall be made immediately available to the paying user or as soon as demanded by them, according to the adopted business model.” (NR)

“Art. 11-K. The withdrawal service facilitator must publish information regarding the facilitation of the service, in the format and content indicated by the Central Bank of Brazil in a specific document.” (NR)

“Art. 11-L. The withdrawal service facilitator that establishes a contractual relationship with one or more withdrawal agents must:

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II - provide information to the Central Bank of Brazil regarding the withdrawal agents for monitoring purposes and for the dissemination of information related to the facilitation of the service; and

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§ 1.
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I - the need for observance, by the withdrawal agent, of the rules for facilitation of the withdrawal service within the scope of the Pix Withdrawal or Pix Change products and the rules for use of the Pix brand, as provided in this Regulation;

II -
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a) transactional limits, respecting the limits established by the withdrawal service facilitator, if any, and by the Central Bank of Brazil;

b) hours and conditions for the availability of cash resources;

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d) the quantity and location of service points that will make cash resources available; and

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III - the prohibition on refusing to make cash resources available based on the transactional account provider participant of the paying user;

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V - the requirement for the withdrawal agent to provide information to the withdrawal service facilitator, for the purpose of monitoring its performance and disseminating information;

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VII - the possibility of suspension or termination of the contract by the withdrawal service facilitator in case of non-compliance by the withdrawal agent with the rules or requirements established for the availability of cash resources;

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IX - the conditions and operational procedures for the reimbursement of operational costs to be distributed to the withdrawal agent in accordance with Art. 96-B, observing the rules established by the Central Bank of Brazil in a specific document;

X - the prohibition on the withdrawal agent establishing a contractual relationship with more than one withdrawal service facilitator simultaneously;

XI - the complete identification of the withdrawal agent’s transactional account maintained with its transactional account provider and linked to the facilitation of the withdrawal service;

XII - the need for the withdrawal agent to keep updated with its withdrawal service facilitator the information necessary for the facilitation of the service, including regarding the identification of the account maintained with its transactional account provider;

XIII - the need for the withdrawal agent to notify its transactional account provider about the start and end of the validity of the contract signed with the withdrawal service facilitator and about the identification of the withdrawal service facilitator, in cases where the transactional account provider and the withdrawal service facilitator are distinct participants; and

XIV - the need for the withdrawal agent to prove to its withdrawal service facilitator that it has carried out the notification provided for in item XIII.

§ 2. It is prohibited for the withdrawal service facilitator to establish a contractual provision intended to penalize the withdrawal agent due to the unavailability of cash resources for the facilitation of the withdrawal service in cases where the corresponding transaction has not been initiated.

§ 3. The responsibility for the authenticity of banknotes to be made available for the provision of the withdrawal service lies with the withdrawal service facilitator, without prejudice to the provisions of § 4.

§ 4. The contract referred to in the main text may provide that the withdrawal agent will bear the economic burdens of the responsibility provided for in § 3, assuming before the withdrawal service facilitator the obligation to reimburse the losses suffered by it or to prevent such losses from materializing.” (NR)

“Art. 11-N. The operational aspects for the implementation of Pix Withdrawal and Pix Change, including regarding value limits, timeframes, and procedures necessary for the withdrawal agent to be able to offer the products, to be observed by transactional account providers and withdrawal service facilitators, will be contained in a specific document published by the Central Bank of Brazil.” (NR)

“Art. 20-A. The provisions of Arts. 19 and 20 apply to the contractual relationship between the withdrawal service facilitator and the withdrawal agent, with respect to the rights and obligations of the parties for the use of the Pix brand.” (NR)

“Art. 40-A. When the transaction subject to the return, in accordance with Art. 40, is a Pix with withdrawal or change purpose, the return must be initiated by the withdrawal service facilitator, when the service is facilitated directly by it, or by the withdrawal agent, and must be admitted in the following scenarios:

I - error in the transaction caused by the withdrawal service facilitator or by the withdrawal agent; or

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§ 1. In the scenarios referred to in the main text, the paying user must immediately express themselves by requesting the return from the withdrawal service facilitator, if the service was facilitated directly by it, or from the withdrawal agent, as applicable.

§ 2. When the service is provided through electronic service channels, the withdrawal service facilitator or the withdrawal agent, as applicable, must provide a mechanism that allows for the immediate expression referred to in § 1 by the paying user through these channels.” (NR)

“Art. 41.
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§ 2. When the transaction subject to the return is a Pix with withdrawal purpose, the withdrawal service facilitator or the withdrawal agent, as applicable, must initiate it within 1 (one) hour, once it verifies that the return is due.

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§ 4. When the transaction subject to the return is a Pix with change purpose, the withdrawal service facilitator or the withdrawal agent, as applicable, must initiate the return of the portion related to the availability of cash resources within 1 (one) hour, once it verifies that the return is due.” (NR)

“Art. 87-F. It is not permitted to charge tariffs, by Pix participants who are transactional account providers and withdrawal service facilitators, to legal entities acting as withdrawal agents, regarding the receipt of Pix with withdrawal purpose or, in the case of Pix with change purpose, to the portion of cash values made available to end paying users.” (NR)

“CHAPTER XX

ON THE TARIFF STRUCTURE AND REIMBURSEMENT OF OPERATIONAL COSTS AMONG PARTICIPANTS” (NR)

“Art. 96-B. The reimbursement of operational costs, due by the transactional account provider participant of the paying user, applies to Pix with withdrawal or change purpose.

§ 1. The reimbursement of operational costs will apply to each Pix with withdrawal purpose or to the portion referring to the cash values made available in each Pix with change purpose.

§ 2. The transactional account provider participant of the paying user must effectuate reimbursement of operational costs in the amount of:

I - R$1.00 (one real), in transactions where the withdrawal service is facilitated by a withdrawal agent that is a commercial establishment of any nature;

II - R$1.50 (one real and fifty cents), in transactions where the withdrawal service is facilitated directly by the withdrawal service facilitator itself; or

III - R$2.00 (two reais), in transactions where the withdrawal service is facilitated by a withdrawal agent that is:

a) another legal entity whose main or secondary activity is the provision of auxiliary services to financial services or similar; or

b) a correspondent in the Country.

§ 3. The reimbursement of operational costs referred to in item I of § 2 must be effected:

I - to the withdrawal service facilitator, in the amount of R$0.95 (ninety-five cents of a real); and

II - to the payment service provider of the withdrawal agent, in the amount of R$0.05 (five cents of a real).

§ 4. The reimbursement of operational costs referred to in items II and III of § 2 must be effected to the withdrawal service facilitator.

§ 5. The withdrawal service facilitator must distribute to the withdrawal agent:

I - at least R$0.25 (twenty-five cents of a real), in transactions referred to in item I of § 2; and

II - a freely agreed value between the parties, in transactions referred to in item III of § 2.

§ 6. The operational procedures for the charging and effectuation of the reimbursement of operational costs referred to in the main text will be contained in a specific document published by the Central Bank of Brazil.” (NR)

Art. 2. Art. 96-A of the Regulation annexed to Resolution BCB No. 1, of 2020, is hereby revoked.

Art. 3. 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