Rule · BCB · 24 Apr 2007 · Carta Circular 3274
Credit cooperatives must adhere to specific criteria when establishing non-mandatory statutory funds under Article 28, paragraph 1, of Law No. 5,764 of 1971. These criteria require that resources be allocated to specific, clearly characterized purposes distinct from the mandatory Reserve Fund, and that the General Assembly explicitly define the formation, application, and liquidation of such funds without delegating this authority to other statutory bodies.
Clarifies the criteria to be observed by credit cooperatives for the establishment of funds under Article 28, paragraph 1, of Law No. 5,764 of 1971.
Credit cooperatives, in the establishment of non-mandatory statutory funds, in accordance with Article 28, paragraph 1, of Law No. 5,764 of December 16, 1971, must observe, among others, the following criteria:
I - resources must be allocated to specific purposes, which provide elements for their perfect characterization, such as:
II - resources cannot have the same purpose as the Reserve Fund, which is mandatory;
III - the General Assembly must clearly define the manner of formation, application, and liquidation of the non-mandatory funds, and such definition cannot be delegated to other statutory bodies.
Brasília, April 24, 2007.
Department of Standards of the Financial System
Amaro Luiz de Oliveira Gomes
Head
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“Credit cooperatives, in the establishment of non-mandatory statutory funds, in accordance with Article 28, paragraph 1, of Law No. 5,764 of December 16, 1971, must observe, among others, the following criteria:”
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