Central Bank Resolution No. 269 of December 1, 2022, Amending the Pix Payment Arrangement Regulation

Resolution No. 269

CENTRAL BANK RESOLUTION NO. 269, OF DECEMBER 1, 2022

Amends the Regulation attached to Central Bank Resolution No. 1, of August 12, 2020, which governs the operation of the Pix payment arrangement, to adjust provisions regarding the criteria and conditions for outsourcing activities, regarding the definition of a transactional account, regarding the offer of Pix Cobrança, regarding the Pix API, regarding the Transactional Account Identifiers Directory (DICT), regarding the return of transactions, regarding dispute resolution, regarding the verification of participants' compliance with the regulation and the penalties applied, and regarding aspects related to Open Finance.

The Collegiate Board of the Central Bank of Brazil, in a session held on November 30, 2022, 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,

RESOLVES:

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

"Art. 3
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VI -
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d) deposit account or prepaid payment account of the financial institution or payment institution, if it is an indirect participant in the SPI, for payments or receipts resulting exclusively from its own obligations and rights;

e) accounting account maintained in a Pix participant in the name of a correspondent in the country, for the movement of values related to the provision of services, provided it is used only to receive funds; or

f) account intended for the recording and control of the flow of resources related to the payment of salaries, pensions, wages, retirement benefits, pensions, and similar (salary account), exclusively for the receipt of funds sent by the National Treasury Secretariat;

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“Art. 11-C.
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Sole paragraph. The participant offering Pix Cobrança through the generation of a static QR Code must make available the functionalities related to the receipt of immediate payments and payments related to the facilitation of withdrawal services within the Pix Saque product.” (NR)

“Art. 15-B.
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§ 1 Participants may offer, through their own APIs, accessory or complementary functionalities to those made available in the Pix API.

§ 2 The provisions of the caput do not apply in cases where the offer of functionalities provided in the Pix API is made available directly through other means where there is no automation of the interaction of the end user with the Pix participant providing them with payment services.” (NR)

“Art. 39-B. ........................................................................................................

§ 1
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I - the number of violation notifications linked to the receiving user;

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“CHAPTER XI

ON THE RETURN OF TRANSACTIONS

Section I

On General Aspects

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“Art. 41-C.
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I - on its own initiative, if the allegedly fraudulent conduct was identified by the participant or the operational failure occurred within its systems, or after precautionary blocking, if the participant assesses that the transaction has a well-founded suspicion of fraud; or

II - upon request of the payment service provider participant of the paying user, through the DICT, if it itself identifies the allegedly fraudulent conduct or receives a complaint from the paying user, or if the operational failure occurred within the systems of this participant.

§ 1 The possibility of returns and blocking of resources carried out within the Special Return Mechanism, including the possibility of partial returns and blocking during the period provided for the implementation of returns referred to in Art. 41-A, must be included in the contract signed between the receiving user and the correspondent payment service provider, through a highlighted clause in the body of the contractual instrument or by another valid legal instrument.

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“Art. 41-D. ........................................................................................................

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Sole paragraph. In the event of a return in a value lower than that of the original transaction, the participant must carry out multiple partial blockings or returns from the receiving user's transactional account, whenever resources are credited to it, until the following is reached:

I - the total value of the transaction subject to the return request; or

II - ninety days, counted from the original transaction.” (NR)

"Art. 41-I.
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I - reject, without just cause, the violation notification referred to in Art. 78-F, when linked to a return request;

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“Art. 75. DICT queries must be made for the purpose of:

I - initiating a Pix;

II - identifying the data of the transactional account linked to the Pix key for the purpose of accrediting the account to establish a differentiated value limit; or

III - executing security checks, by the account holder, in transactions initiated through a payment transaction initiation service.” (NR)

“Art. 78. The data that the Pix participant must make available to the paying user will be set out in the Manual of Minimum Requirements for User Experience.” (NR)

“Art. 79. All functionalities of the DICT set out in Section III of this Chapter are available 24 (twenty-four) hours a day, every day of the year.” (NR)

“Art.
90. Participants are authorized to establish a contractual relationship with third parties, through a specific contract, to carry out activities within the scope of Pix, subject to the provisions of Art. 90-A.

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“Art.
90-A. In the contractual relationship referred to in Art. 90, it is prohibited to assign:

I - to the third-party holder of a transactional account, the initiation or receipt of Pix transactions through a transactional account provided by the third party itself to the end user; or

II - to the third party not holding a transactional account, the initiation of Pix transactions through the transactional account provided by the participant.” (NR)

“Art. 90-B. In the contractual relationship referred to in Art. 90, the offer and initiation of Pix transactions to end users by the third party are permitted, in the name of the participant and under its responsibility, provided that the prohibitions of Art. 90-A do not apply.” (NR)

“Art. 90-C. In the cases provided for in Art. 90-B, the functionalities and products made available by the third party are freely chosen and by mutual agreement between the participant and the third party establishing a contractual relationship.

§ 1 The functionalities and products made available by the third party, referred to in the caput, must:

I - be provided for in the contract between the parties; and

II - follow the rules set out in the Manual of Minimum Requirements for User Experience.

§ 2 The solutions developed for the end user that are provided by the third party:

I - are subject to compliance verification by the Central Bank of Brazil, in accordance with § 3 of this article;

II - must identify the participant with whom a contractual relationship was established; and

III - must present clear instructions to the end user regarding the responsibility of the participant with whom a contractual relationship was established in the event of any disputes, which must be resolved as provided for in Chapter XVIII of this Regulation.

§ 3 The participant is responsible for verifying the compliance of the solutions developed for the end user that are provided by the third party, in accordance with the specific document published by the Central Bank of Brazil that sets out the necessary procedures for adherence to Pix, and is subject to proving compliance with the Pix Regulation before the Central Bank of Brazil whenever requested.” (NR)

“Art. 91. Disagreements, conflicts, and controversies between participants and between participants and end users regarding the execution of the provisions of this Regulation shall be handled, when no solution is possible between the involved parties, in accordance with procedures defined by the Central Bank of Brazil, in accordance with a specific manual.

Sole paragraph.
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II - according to the procedures and mechanisms for the handling and resolution of disputes established by the participating institutions of Open Finance, in the form of Art. 44, item IV, of Joint Resolution No. 1, of May 4, 2020, when involving, on one side, participants providing payment transaction initiation services and, on the other, participants providing transactional accounts.” (NR)

“Art. 91-B.
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§ 5 The Central Bank of Brazil may, at its discretion, grant an extension of the time limit granted to the participant to remedy the problem, referred to in § 1, provided that the request is duly justified and presented before the expiration of the aforementioned time limit.” (NR)

“Art. 92. Pix participants are subject to the penalties provided for in this Regulation in the event of non-compliance, total or partial, with the provisions of this Regulation, including with respect to:

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§ 1 In the event that the conduct of the Pix participant described in the caput also constitutes a violation of the regulation of the National Financial System or the Brazilian Payments System, the notification referred to in Art. 91-B may be suspended.

§ 2 The fine penalty referred to in Art. 93, item I, shall not be applied if the assessment resulting from the violation of the regulation of the National Financial System or the Brazilian Payments System results in the application of a penalty or the signing of a commitment term, or if there is a decision recognizing the non-authorship of the conduct.

§ 3 In the event of the application of a penalty or the signing of a commitment term resulting from a violation of the regulation of the National Financial System or the Brazilian Payments System, the conduct that originated it shall be considered for the purposes of the provisions of § 1 of Art. 93-A.” (NR)

“Art. 93-A.
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I - the irregularity is remedied by the participant before the sending of the notification referred to in Art. 91-B or, once the notification is sent, the requirements contained therein are fulfilled; and

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“Art. 101-D. The following may be made available, in accordance with the schedule established within the framework of Open Finance:

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Art. 2 The following provisions of the Regulation attached to Central Bank Resolution No. 1, of 2020, are repealed:

I - § 3 of Art. 7;

II - the sole paragraph of Art. 15-B;

III - § 2 of Art. 41-C;

IV - items I, II, and III of Art. 78;

V - Art. 78-D;

VI - Art. 78-E; and

VII - Art. 81.

Art. 3 This Resolution enters into force:

I - on March 1, 2023, for the amendments of Art. 1 regarding Arts. 90, 90-A, 90-B, and 90-C of the Regulation attached to Central Bank Resolution No. 1, of 2020; and

I - on March 1, 2023, for the amendments of Art. 1 regarding Arts. 90, 90-A, 90-B, and 90-C of the Regulation attached to Central Bank Resolution No. 1, of 2020; (Wording given by Central Bank Resolution No. 276, of 12/27/2022.)

II - on January 1, 2023, for the other provisions.

II - on July 3, 2023, for the amendments of Art. 1 regarding Art. 3, item VI, letter “f”, of the Regulation attached to Central Bank Resolution No. 1, of 2020; and (Wording given by Central Bank Resolution No. 276, of 12/27/2022.)

III - on January 1, 2023, for the other provisions. (Included by Central Bank Resolution No. 276, of 12/27/2022.)

Paulo Sérgio Neves de Souza

Deputy Director of Organization of the Financial System and Resolution