Rule · CVM · 17 Mar 2023
Fund Administrators of Real Estate Investment Funds must submit audited financial statements within 60 days of incorporation, merger, spin-off, closure, or administrator substitution via the new “Other Financial Statements” category on FNET. The former administrator must provide these documents to the successor, which then uploads them. Additionally, sub-item 1.2.2 of the Structured Quarterly Report must be standardized for CRI/CRA data. A new template for this standardization becomes available in Fundos.Net for reports with a base date of 01/2023.
SECURITIES COMMISSION OF BRAZIL
Rua Sete de Setembro, 111/2-5º e 23-34º Andares, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brasil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º e 4º Andares, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brasil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4º Andar, Brasília/DF – CEP: 70712-900 – Brasil -Tel.: (61) 3327- 2030/2031 www.cvm.gov.br Circular Letter No. 3/2023/CVM/SSE São Paulo, March 17, 2023. To, Fund Administrators (Real Estate Investment Funds - REIF) Subject: Creation of a new association in the Fundos.NET System and standardization of information provided in sub-item 1.2.2 of the Structured Quarterly Report.
Dear Sir/Madam,
I) Creation of a New Association:
Article 23, § 5th: “In the cases of incorporation, merger, spin-off, closure of activities, or substitution of the administering institution, the financial statements of the funds involved, as of the base dates of the event, must be audited, with the issuance of an independent auditor’s opinion within 60 (sixty) days of the event date.”
New associations
Circular Letter 3 (1741416) SEI 19957.009383/2021-43 / pg. 1
II) Standardization of sub-item 1.2.2 of the Structured Quarterly Report:
Regarding the Structured Quarterly Report, we have identified the need to standardize the information reported in sub-item 1.2.2, in order to ensure the integrity of the data presented.
Therefore, we clarify that sub-item 1.2.2 – Real Estate Receivables Certificate "CRI" (if FIAGRO, Agricultural Business Receivables Certificate "CRA") of the Quarterly Report must be filled out in the following format:
It is important to note that the fields “Issuance” and “Series” refer to the issuance number and series number, respectively, which must be filled in numeric format exclusively.
A new template, incorporating this standardization, will be available in the Fundos.Net system for the delivery of the Structured Quarterly Report with a base date of 01/2023 (1st QR/2023).
In case of doubts regarding the use of the Fundos.Net system, the Issuer Support Department of B3 should be contacted by phone at (11) 2565-5064 or by email at emissores.fundos@b3.com.br.
For additional clarifications regarding the content of this Circular Letter or the content of the document treated herein, please contact the Securitization Supervision Management 1, via the electronic address gsec-1@cvm.gov.br.
Sincerely,
NATHALIE ARAUJO VIDUAL
Acting Superintendent of Securitization Supervision
Document electronically signed by Nathalie de Andrade Araujo Matoso Vidual, Acting Superintendent, on 17/03/2023, at 14:56, based on Article 6 of Decree No. 8.539, of October 8, 2015. The authenticity of the document can be verified on the website https://super.cvm.gov.br/conferir_autenticidade, providing the verification code 1741416 and the CRC code 63552EFF. This document's authenticity can be verified by accessing https://super.cvm.gov.br/conferir_autenticidade, and typing the "Verification Code" 1741416 and the "CRC Code" 63552EFF. Reference: Process No. 19957.009383/2021-43 SEI Document No. 1741416 Circular Letter 3 (1741416) SEI 19957.009383/2021-43 / pg. 2
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“Regarding the creation of a new association, we highlight that CVM Instruction No. 516/2011, in its Article 23, § 5th, provides for the requirement to submit audited financial statements within 60 days of the event date”
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