2016-01-04
Added · Updated
Directors of Intermediary Institutions, Issuers, and Offerors must physically file petitions and signed documents at the CVM, accompanied by non-rewritable media (CD/DVD) containing all annexes. Electronic annexes must be non-editable PDFs, with petitioner-produced files in searchable format. Files must be sequentially numbered and named to match the petition. Physical annexes are prohibited. Confidential documents and specific restricted offer systems are excluded.
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SECURITIES AND EXCHANGE COMMISSION
REGISTRY SUPERINTENDENCE OF SECURITIES
CIRCULAR LETTER NO. 01/2016/CVM/SRE
Rio de Janeiro, January 4, 2016
To the Directors of
Intermediary Institutions, Issuers, and Offerors
SUBJECT: New procedures for forwarding documents to the SRE.
Dear Director,
This Circular Letter aims to inform the aforementioned institutions about the procedures that must be observed in forwarding any documents to the Registry Superintendence of Securities - SRE, starting from January 4, 2016.
The new procedures are necessary due to the adoption, by the CVM, of SEI (Electronic Information System). Through this system, the CVM is gradually adopting electronic processes in place of physical processes in conducting its activities.
In this way, all documents to be forwarded to the SRE (including, for example, requests for registration of offerings and tender offers, responses to letters, inquiries, etc.) must be forwarded to the CVM on electronic media.
To this end, the petition or response must be physically filed at the CVM, accompanied by non-rewritable media (CD or DVD), which will contain all annexes or documents referenced in the petition (including the petition itself). These annexes must not be physically forwarded to the CVM.
The documents contained on the non-rewritable media must be recorded in non-editable PDF (Portable Document Format) format. Documents produced by the petitioner themselves must be sent in searchable PDF format.
The petition must list all annexes and identify them with sequential numbering. The names of the files forwarded on electronic media must obligatorily include the number of the annex listed in the petition and the name of the annex (prospectus, reservation request, distribution contract, response to Letter xxx, etc.).
In addition to the petition, only the documents requested in the original, final version already signed, must also be physically filed.
SECURITIES AND EXCHANGE COMMISSION
REGISTRY SUPERINTENDENCE OF SECURITIES
Letters from the SRE, in response to requests and inquiries, will be forwarded to the e-mail address registered with the CVM of the regulated entity or to an e-mail specifically indicated in the initial request for receiving responses.
The rules set forth in this Circular Letter do not apply to documents forwarded with a request for confidentiality, which must continue to observe existing norms (for example, art. 9º-A, sole paragraph, of CVM Instruction No. 361/02; art. 56, §§ 3rd and 4th of CVM Instruction No. 480/09; art. 7th, § 1st of CVM Instruction No. 358/02).
The procedures set forth here also do not apply to information to be forwarded through the System for Sending Information on Offers with Restricted Efforts and Exemptions under Art. 5 of ICVM 400, available on the CVM website.
Finally, it should be noted that the procedures described in this Circular Letter apply, including to documents to be forwarded as a result of processes already underway.
Respectfully,
(signed originally by)
CLAUDIO DO REGO BARROS BENEVIDES
Registry Superintendent of Securities
Acting
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Source: Comissão de Valores Mobiliários — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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