Rule · CVM · 14 Oct 2020
Central Securities Depositories, Custodians, Securities Registrars, and FIP Administrators must access the Judicial Letters System daily to process events and comply with orders. Access requires registering two institutional representatives via https://sei.cvm.gov.br/login_externo, providing their contact emails and passwords, and confirming authorization by emailing gme@cvm.gov.br. Representatives must also submit scanned identity and CPF documents. Responses to requests must be sent directly to the requesting courts or authorities without copying the CVM.
14/10/2020 SEI/CVM - 1118856 - Circular Letter https://sei.cvm.gov.br/sei/controlador.php?acao=documento_imprimir_web&acao_origem=arvore_visualizar&id_documento=1179388&infra_sistema=100000100&i… 1/3 SECURITIES AND EXCHANGE COMMISSION OF BRAZIL Rua Sete de Setembro, 111/25th and 2334th Floors, Center, Rio de Janeiro/RJ – ZIP: 20050901 – Brazil Tel.: (21) 35548686 Rua Cincinato Braga, 340/2nd, 3rd and 4th Floors, Bela Vista, São Paulo/ SP – ZIP: 01333010 – Brazil Tel.: (11) 21462000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, 4th Floor, S.404, Brasília/DF – ZIP: 70712900 – Brazil Tel.: (61) 33272030/2031 www.cvm.gov.br Circular Letter No. 3/2020 CVM/SMI/SIN Rio de Janeiro, October 14, 2020.
To
Central Securities Depositories, Custodians and Securities Registrars of Securities and Administrators of Investment Funds.
Subject: Availability of judicial letters or from other competent public bodies.
Dear Sirs,
As is known, it is the responsibility of central securities depositories, custodians and registrars to adequately and timely process events affecting the securities deposited, custodied or registered by them, in accordance with, respectively, article 1, paragraph 1, IV, of CVM Instruction No. 541/2013; article 1, paragraph 2, I, “c”, of CVM Instruction No. 542/2013; and article 1, paragraph 1, V, of CVM Instruction No. 543/2013.
Specifically in the case of Investment Funds in Participations – FIP, in the event that the fund's bylaws prohibit the transfer or negotiation of shares in secondary markets, the fund's shares are exempt from registration in the register, in accordance with article 19, paragraph 1, of CVM Instruction No. 578/2016, which is why the responsibility for processing the incidents falls on its administrator, who maintains, under its control, a "Register of Registered Shares" or a deposit account for shares opened in the name of the shareholder.
A very relevant portion of the events affecting securities that must be processed by such participants refers to orders, issued by the Judiciary or other entities legitimized by law, that determine the blocking or unblocking, for movement, of these securities, requests for information about securities or other requests of a similar nature (“Judicial Letters”).
With the general objective of facilitating the fulfillment of orders that are directed to all these service providers, and not just to a specific participant, many times such Judicial Letters are sent directly to the CVM, so that it can then promote their circularization to the market.
In this context, to facilitate the availability of these Judicial Letters, promote greater effectiveness in their receipt by the market, and guarantee greater security to the procedure, the CVM adopts a specific computerized mechanism for the transmission of Judicial Letters, as stated in CIRCULAR LETTER/CVM/SMI/No. 4/2015.
In this regard, the Judicial Letters received by the CVM through its Digital Protocol are grouped and made available daily to participants, through the Electronic Information System – SEI, in a single compressed file in .ZIP or compatible format, to facilitate their reference, organization, and the download process to be carried out by the institutions.
14/10/2020 SEI/CVM - 1118856 - Circular Letter https://sei.cvm.gov.br/sei/controlador.php?acao=documento_imprimir_web&acao_origem=arvore_visualizar&id_documento=1179388&infra_sistema=100000100&i… 2/3
To access the system, central securities depositories, custodians and registrars accredited by the CVM to carry out these activities, as well as FIP administrators, must have two people responsible for accessing the functionality registered.
For this purpose, the participant must access the link https://sei.cvm.gov.br/login_externo and, from there, register its representatives, indicating the following information:
Full name of the responsible person.
CPF (Individual Taxpayer Registry) of the responsible person.
Responsible person's identity number and respective issuing authority.
Contact phone number of the institution for which the person is responsible.
Address (street, neighborhood, state, city and ZIP code) of the institution for which the person is responsible.
Contact email of the responsible person (an institutional email must be indicated, not a personal one. For example: fulano@institution.com.br).
Registration of the password that will be used by the responsible person themselves to access the system.
Sending an electronic message to the address gme@cvm.gov.br (subject “Registration of new user to access the Judicial Letters System”), to be sent from any of the emails registered in the name of the institution at the CVM, with the objective of confirming the registered responsible person as a person authorized to represent it for the purpose of accessing the system.
In this initial registration, the system will alert about the forwarding to the CVM of a scanned copy of the responsible person's identity and CPF. This alert may be disregarded, if all the guidelines contained in item 8 of this Circular Letter have been observed.
Subsequently, the registration will be validated by the CVM, which will then contact the responsible person with the information of the approval of the operation or with requests for additional information, as the case may be.
It is worth highlighting that central securities depositories, custodians, registrars and FIP administrators must access the environment daily and take the necessary measures to comply with the orders and requests contained in the Judicial Letters.
We remind, as is customary, that the responses to the requests and orders made available by the CVM to the market (as well as any requests for additional information) must be sent directly to the requesting courts or authorities, without the need to copy or inform the CVM.
Any doubts or additional clarifications necessary should be obtained by means of an electronic message sent to the electronic address gme@cvm.gov.br.
Sincerely,
Document electronically signed by Daniel Walter Maeda Bernardo, Superintendent, on 10/14/2020, at 15:10, based on art. 6, § 1, of Decree No. 8.539, of October 8, 2015.
Document electronically signed by Francisco José Bastos Santos, Superintendent, on 10/14/2020, at 15:43, based on art. 6, § 1, of Decree No. 8.539, of October 8, 2015.
The authenticity of the document can be checked on the site https://sei.cvm.gov.br/conferir_autenticidade,
14/10/2020 SEI/CVM - 1118856 - Circular Letter https://sei.cvm.gov.br/sei/controlador.php?acao=documento_imprimir_web&acao_origem=arvore_visualizar&id_documento=1179388&infra_sistema=100000100&i… 3/3 informing the verification code 1118856 and the CRC Code F46EA542. This document's authenticity can be verified by accessing https://sei.cvm.gov.br/conferir_autenticidade, and typing the "Verification Code" 1118856 and the "CRC Code" F46EA542. Reference: Process No. 19957.007239/2020-91 SEI Document No. 1118856
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