Circular No. 2.193

CIRCULAR No. 002193 ------------------ AMENDS THE AMOUNTS ESTABLISHED BY CIRCULAR No. 2.139, OF 26.02.92, FOR THE PURPOSE OF COLLECTING THE SERVICE FEES PROVIDED FOR IN THE REGULATION ANNEXED TO RESOLUTION No. 1.682, OF 31.01.90. WE INFORM THAT THE BOARD OF THE CENTRAL BANK, IN A SESSION HELD ON 25.06.92, HAVING REGARD TO THE PROVISIONS OF ART. 2 OF RESOLUTION No. 1.682, OF 31.01.90, DECIDED: ART. 1. AS OF 01.07.92, THE AMOUNTS ESTABLISHED BY CIRCULAR No. 2.139, OF 26.02.92, ARE INCREASED BY 100% (ONE HUNDRED PERCENT). ART. 2. AS A CONSEQUENCE OF THE PROVISIONS OF THE PREVIOUS ARTICLE, ARTICLES 8, 13, 20 AND 23 OF THE REGULATION ANNEXED TO RESOLUTION No. 1.682, OF 31.01.90, SHALL HAVE THE FOLLOWING WORDING: "ART. 8. REASON 14, DISHONEST PRACTICE, TO BE USED EXCLUSIVELY BY BANKS THAT ASSUME THE "COMMITMENT OF PROMPT ACCEPTANCE" REFERRED TO IN ART. 13, IS CHARACTERIZED WHEN: A) MORE THAN 3 (THREE) INSUFFICIENT FUNDS CHECKS IN THE AMOUNT OF UP TO CR$ 15,000.00, DRAWN AGAINST THE SAME DEPOSIT ACCOUNT, ARE PRESENTED ON THE SAME DAY; OR B) 3 (THREE) OR MORE INSUFFICIENT FUNDS CHECKS IN THE AMOUNT OF UP TO CR$ 15,000.00 HAVE ALREADY BEEN PAID, ON DIFFERENT DATES, BY REASON OF THE AFOREMENTIONED "COMMITMENT". ART. 13. BANKS MAY ASSUME, WITH REGISTRATION AT THE CENTRAL BANK OF BRAZIL - REGISTRATION DEPARTMENT, A "COMMITMENT OF PROMPT ACCEPTANCE", REVOCABLE AT ANY TIME, BY WHICH THEY UNDERTAKE NOT TO RETURN CHECKS IN THE AMOUNT OF UP TO CR$ 15,000.00 FOR REASONS 11 AND 12. ART. 20. A SERVICE FEE SHALL BE CHARGED TO BANKING INSTITUTIONS, PER OCCURRENCE, IN THE AMOUNT OF CR$ 30,000.00, WITH REIMBURSEMENT FROM THE ACCOUNT HOLDER BEING PERMITTED EXCLUSIVELY IN THE CASE PROVIDED FOR IN ITEM "C" OF ART. 19: A) UPON EXCLUSION, WHEN IT CONCERNS AN OCCURRENCE INCLUDED DURING THE TERM OF A "COMMITMENT OF PROMPT ACCEPTANCE" AND PROVIDED THAT THE HYPOTHESIS SET FORTH IN ART. 24 HAS NOT OCCURRED; B) UPON INCLUSION, IN THE OTHER CASES. ART. 23. THE DRAWEE ESTABLISHMENT MAY CHARGE THE ACCOUNT HOLDER A SERVICE FEE IN THE AMOUNT OF CR$ 30,000.00, RELATING TO THE EXCLUSIONS OF THE OCCURRENCES PROVIDED FOR IN ITEM "B" OF ART. 22, PROVIDED THAT IT HAS NOT DONE SO AT THE TIME OF INCLUSION." ART. 3. THE AMOUNTS EXPRESSED IN TERMS ALREADY SIGNED AND IN ANNEXES I AND II OF CIRCULAR No. 1.591, OF 09.03.90, SHALL BE AUTOMATICALLY REPLACED BY THOSE DEFINED IN THIS CIRCULAR. ART. 4. THIS CIRCULAR ENTERS INTO FORCE ON THE DATE OF ITS PUBLICATION. ART. 5. CIRCULAR No. 2.139, OF 26.02.92, IS REVOKED. BRASÍLIA (DF), 26 JUNE 1992 GUSTAVO JORGE LABOISSIÈRE LOYOLA DIRECTOR