Rule · CVM · 12 Dec 2013
Responsible Directors of CVM Instruction No. 301/99 must submit a negative declaration via Siscoaf by 31/01/2014 for the 2013 period if no Article 7 communication occurred. Registration requires the COAF portal using CNPJ/CPF and E-CPF digital certificate. The declaration covers all records held. The module becomes effective in Siscoaf on 01/01/2014.
CIRCULAR LETTER/CVM/SMI/SIN/No. 004/2013
Rio de Janeiro, December 12, 2013.
Subject: Communications regarding Articles 7 and 7-A of CVM Instruction No. 301/99.
Responsible Directors of CVM Instruction No. 301, of April 16, 1999,
With a view to the faithful compliance with CVM Instruction No. 301/99, in particular, the provisions of Articles 7 and 7-A, we reiterate that in the event that no communication ("communication") referred to in the caput of said Article 7 of the aforementioned instruction has been made to the Financial Activities Control Council – COAF, in the period from 01/01/2013 to 31/12/2013, the institution must communicate by 31/01/2014, the non-occurrence in the previous calendar year of transactions or proposals for transactions subject to communication, in accordance with Article 7-A ("negative declaration").
In this context, to facilitate the preparation of "negative declarations," we have decided that these may also be forwarded to COAF, specifically through the Siscoaf system, already available for the communication mentioned in the previous paragraph and not to the CVM, as provided for in ICVM No. 301/99.
To this end, we reinforce the importance that all persons obligated by Article 2 of CVM Instruction No. 301/99 are effectively registered with Siscoaf to comply with the obligations provided for in Articles 7 and 7-A of this regulation.
At this opportune moment, general guidelines follow to support the registration and respective access to Siscoaf by persons obligated by Article 2 of CVM Instruction No. 301/99, should the procedure not have been carried out yet:
4.1 To obtain general guidelines on the use of Siscoaf:
Access the COAF portal at URL: http://coaf.fazenda.gov.br Option: OBLIGATED PERSONS –> Frequently Asked Questions.
4.2 For registration in the Siscoaf system, the communicator must access the COAF portal at http://www.coaf.fazenda.gov.br and use the option OBLIGATED PERSONS –> Siscoaf Access. The Siscoaf home screen will be displayed. Click on the "new communicator" option. The screen showing the list of activities/segments will be visible. Confirm the reading and inform the CNPJ of the obligated person, if a legal entity, or the CPF of the obligated person, if a natural person. The system will lead to the filling in of the basic data of the obligated person and the definition of the respective responsible user. Before the completion of the registration, the system will allow the definition/choice of the responsible user's password for access to Siscoaf.
4.3 Access profiles – Siscoaf will make two access profiles available to the communicator. One of the profiles refers to the responsible user who is registered at the time of the communicator's registration. The responsible user, once registered, may include new users in the user profile.
4.4 To carry out communications regarding Article 7 of ICVM 301/99 to COAF, the communicator must access Siscoaf – Financial Activities Control System and opt for the "CVM – Securities Market" segment. The aforementioned system has functionalities to administer users, send/query communications, send communications in batches, as well as access via web service.
4.5 To carry out communications regarding Article 7-A of ICVM 301/99 to COAF, the communicator must access Siscoaf – Financial Activities Control System and opt for the "CVM – Securities Market" segment. In addition to the functionalities above, the aforementioned system also has the option of sending the "negative declaration".
4.6 To access all system functionalities, the responsible user must use a digital certificate of the E-CPF type. If digital certification access is not used, the system will allow only the sending of communications, user registration (for the person in charge of the institution), and query of the protocol of sent communications.
4.7 To access the Siscoaf Test and Training environment:
Access the URL: http://treina.siscoaf.serpro.gov.br
We remind, again, that communications regarding Articles 7 and 7-A of CVM Instruction No. 301/99 must be addressed to the "CVM – Securities" segment, whose identification is available in Siscoaf.
It is also worth highlighting that the module for sending the "negative declaration" regarding compliance with Article 7-A of CVM Instruction No. 301/99 will only be effective in Siscoaf from 01/01/2014, and it must be sent by 31/01/2014.
Finally, the person obligated under Article 7-A of CVM Instruction No. 301/99 must send a single negative declaration, regardless of the number of records or authorizations they hold with this Commission.
Sincerely,
Waldir de Jesus Nobre
Superintendent of Market Relations and Intermediaries
Francisco José Bastos Santos
Superintendent of Institutional Investor Relations
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