Circular Letter No. 3869 — Amends and Consolidates Procedures for Reporting to the Credit Information System (SCR)

The Head of the Statistics Department (DSTAT) and the Head of the Financial System Monitoring Department (Desig), in exercise of the powers conferred by Article 23, item I, letter “a”, of the Internal Regulations of the Central Bank of Brazil, attached to Ordinance No. 84,287, of February 27, 2015, having in view the provisions of Articles 103, item I, and 77, item III, of the aforementioned Regulations and based on the provisions of Circular Letter No. 3,870, of December 19, 2017,

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Art. 1. The procedures to be observed in the submission of information to the Credit Information System (SCR), governed by Circular Letter No. 3,870, of December 19, 2017, are hereby amended and consolidated.

Art. 2. The provision of information to the SCR, governed by Article 1 of Circular Letter No. 3,870, of 2017, must be carried out:

I - by the institutions listed in Article 4 of Resolution No. 4,571, of May 26, 2017, and by Payment Institutions, in accordance with the provisions of Article 2 of Circular Letter No. 3,870, of 2017, regarding:

a) additional customer data - through document code 3026 - Individualized Additional Credit Risk Data;

b) all credit operations carried out - through document code 3040 - Credit Risk Data;

II - by the institutions listed below, regarding statistical information on credit and leasing operations - through document code 3050 - Aggregated Credit and Leasing Statistics:

a) savings and loan associations;

b) the National Bank for Economic and Social Development (BNDES);

c) commercial banks;

d) foreign exchange banks;

e) development banks;

f) investment banks;

g) multiple banks;

h) savings banks;

i) mortgage companies;

j) leasing companies;

k) credit, financing and investment companies; and

l) real estate credit companies;

III - by the lead institution of the prudential conglomerate - through document code 3040 - Credit Risk Data, regarding:

a. subsidiaries located abroad;

b. entities referred to in item I of Article 5 of Resolution No. 4,571, of 2017;

c. public funds referred to in item II of Article 5 of Resolution No. 4,571, of 2017;

d. investment funds mentioned in letter “b” of item II of Article 6 of Circular Letter No. 3,870, of 2017.

§ 1. Document code 3026, of annual frequency, with a base date of December, must be submitted by June 30 of the year following the respective base date.

§ 2. Document code 3040, of monthly frequency, with the balance to be reported corresponding to that existing on the last day of the month, must be submitted by the 9th (ninth) business day of the month following the respective base date.

§ 3. Document code 3050, of daily frequency, with information grouped weekly and monthly, must be submitted by the 5th (fifth) business day following the respective base date.

§ 4. Corrections to the documents governed by this Circular Letter must be made for all base dates in which irregularities are identified.

§ 5. The documents referred to in this article must be:

I - sent to the Central Bank of Brazil (BCB) through the File Transfer System (STA), as provided in Circular Letter No. 3,588, of March 18, 2013;

II - prepared in XML (eXtensible Markup Language) format;

III - validated, prior to submission, using the XSD (XML Schema Definition) validation scheme, when dealing with documents of code 3026 and 3050; and

IV - submitted, prior to submission, to the validator application available on the BCB website at http://www.bcb.gov.br/?SCR, when dealing with document code 3040.

Art. 3. For the purposes of submitting the documents referred to in Article 2, the models, layouts, filling instructions, example files, XSD validation schemes, validator program, and SCR manuals must be used, observing the version available on the BCB website at http://www.bcb.gov.br/?SCR.

Art. 4. For the purposes of Article 1, item I, and § 2 of Circular Letter No. 3,870, of 2017, regarding credit operations submitted individually through document 3040, the set of the customer's operations is considered to be the amount of operations due and/or overdue, operations written off as losses, co-obligations and guarantees provided to the customer, and interbank transfers.

Sole Paragraph. For the purposes of calculating the values referred to in Article 1, item I, and § 2 of Circular Letter No. 3,870, of 2017:

I - up to the base date of April 2019, credits contracted to be disbursed and unconditional and unilateral non-cancellable credit commitments must not be included;

II - from the base date of May 2019, credits contracted to be disbursed and unconditional and unilateral non-cancellable credit commitments must be included;

Art. 5. Information regarding credit operations for which their exclusion has been judicially determined, in relation to the provisions of item II of Article 2 of Resolution No. 4,571, of 2017, must continue to be sent for base dates subsequent to that mentioned in the judicial decision, as established in the system manuals, observing that compliance with the judicial decision will be verified automatically, as registered by the institution.

Art. 6. The present value referred to in Article 9 of Circular Letter No. 3,870, of 2017, regarding the operations listed below, must be calculated:

I - financial leasing operations - by the present value of the installments provided for in the contracts, including the guaranteed residual value, paid in advance or not, obtained by using the internal rate of return of each of them, in accordance with Circular Letter No. 1,429, of January 20, 1989;

II - operational leasing operations - by the present value of the installments provided for in the contracts, by using the rate equivalent to the financial charges contained in the contract, in accordance with Article 6, § 2, of the Regulation Attached to Resolution No. 2,309, of August 28, 1996, as amended by Article 1 of Resolution No. 2,465, of February 19, 1998;

III - operations resulting from the use of credit cards - by the value of bills due related to purchases of goods and services, by the value financed to the customer due to non-payment of the bill at maturity, restricted payment of the minimum value indicated on the bill, installment payment with or without interest, and cash withdrawals, plus revenues and charges of any nature earned;

IV - Advance on Foreign Exchange Contracts (ACC), Advance on Delivered Foreign Exchange (ACE) and other advances in national currency operations - by the value advanced or financed to the customer, plus revenues and charges of any nature earned;

V - operations contracted with pre-fixed charges and not listed in the previous items - by the present value of the installments provided for in the contracts, obtained by using the interest rate agreed upon in the contract of each of them;

VI - operations contracted with post-fixed charges - by the value advanced or financed to the customer, plus revenues and charges of any nature earned, including:

a) the exchange rate variation calculated in the period, in the case of credit operations contracted with an exchange rate adjustment clause; or

b) the variation of the correction unit or of the contracted charges calculated in the period, in the case of credit operations contracted with post-fixed or floating rates.

§ 1. Regarding due credits, the information on the maturity value must represent the present value of each of the installments of the credit operation that are in this situation, allocated in the time intervals specified in the layout of document code 3040.

§ 2. Regarding overdue credits, the information on the maturity value must represent the present value of each of the overdue installments of the operation, plus the charges of any nature provided for in the contract, observing the provisions of Article 9 of Resolution No. 2,682, of December 21, 1999, allocated in the time intervals specified in the layout of document code 3040.

Art. 7. For the purposes of Article 6 of Circular Letter No. 3,870, of 2017, information regarding credit operations that have been the subject of negotiation must be sent to the SCR:

I - with an intermediary or assignor not listed in Article 4 of Resolution No. 4,571, of 2017;

II - between the institutions listed in Article 4 of Resolution No. 4,571, of 2017;

III - between the institutions listed in Article 4 of Resolution No. 4,571, of 2017, and credit rights investment funds (FIDC), with substantial retention of risks and benefits through the acquisition of shares of these funds;

IV - with institutions not listed in Article 4 of Resolution No. 4,571, of 2017, with substantial retention of risks and benefits or control, characterized as per Article 7 of Circular Letter No. 3,870, of 2017.

Art. 8. Information regarding disagreements referred to in item V of Article 13 of Resolution No. 4,571, of 2017, must be registered, as established in the SCR manuals.

Art. 9. The information of document code 3050 must be calculated:

I - monthly, on the base date representing the last business day of the reference month, for operations carried out:

a. with directed resources; or

b. with free resources, regarding the following modalities:

1. “Credit card - cash purchases”; or

2. “Other free credits”; and

II - daily, for the remaining operations.

Art. 10. For document code 3040, the registration of the base date from which the said document:

I - will not be submitted - in the case of zero balances being calculated in all credit operation modalities; or

II - must be submitted - in the case the institution starts to present a positive balance in any of the operations listed in Article 3 of Resolution No. 4,571, of 2017, can be formalized to the BCB, through a specific functionality of the SCR, this procedure being necessary for its reception to be authorized again.

Art. 11. For document code 3050, transaction PESP930 of the Central Bank Information System (Sisbacen) must be used to register:

I - the base date from which the document will not be submitted - in the case of zero balances being calculated in all credit operation modalities;

II - the submission of the document, only in monthly form, as provided in item I of Article 9 of this Circular Letter, given the exclusive carrying out of the credit operations related to it;

III - the base date from which the document must be submitted - in the case the institution starts to present a positive balance in any of the credit operation modalities; procedure necessary for its reception to be authorized again;

IV - the base date from which the institution will no longer exclusively carry out the credit operations related to item I of Article 9 of this Circular Letter.

Art. 12. Credit operations reported individually to the SCR, in accordance with Article 1, item I, of Circular Letter No. 3,870, of 2017, cannot have the following data altered until they have been settled or negotiated without substantial retention of risks and benefits or control, characterized as per Article 7 of Circular Letter No. 3,870, of 2017:

I - customer identification;

II - modality and submodality; and

III - contract code.

Sole Paragraph. The renegotiation of credit operations and the assumption of debts must be reported to the SCR, in accordance with the guidelines contained in the filling instructions and manuals referred to in Article 3 of this Circular Letter, allowing, in this case, the alteration of the data mentioned in this article.

Art. 13. Financial institutions and other institutions for which the extrajudicial liquidation regime has been decreed are exempt from sending document code 3050, from the date of decree of this regime.

Art. 14. Any doubts should be sent via e-mail to the electronic addresses:

I - scr.gestao@bcb.gov.br, when related to the submission of documents of codes 3026 and 3040; or

II - dimob.dstat@bcb.gov.br, when related to the submission of document code 3050.

Art. 15. This Circular Letter enters into force on the date of its publication.

Art. 16. Circular Letters No. 3,540, of February 23, 2012, 3,563, of August 24, 2012, 3,597, of May 17, 2013, 3,617, of November 13, 2013, and 3,856, of December 22, 2017, are hereby revoked.

Fernando Alberto G. Sampaio C. Rocha

Head of DSTAT

Gilneu Francisco Astolfi Vivan

Head of Desig