Circular No. 2,932

CIRCULAR No. 002932 ------------------ Establishes procedures regarding the holding of positions in statutory bodies of financial institutions and other institutions authorized to operate by the Central Bank of Brazil. The Collegiate Board of the Central Bank of Brazil, in a session held on 29 September 1999, having regard to the provisions of art. 11 of Resolution No. 2,645, of 22 September 1999, D E C I D E D: Art. 1 Establish that the processes for approval of the names of persons elected or appointed to hold positions in statutory bodies of financial institutions and other institutions authorized to operate by the Central Bank of Brazil must be instructed by means of a request accompanied by the following documentation, as applicable, without prejudice to the other requirements set forth in Resolution No. 2,645, of 1999: I - proof of publication of the notice convening the general meeting, in the form of the law; II - two certified copies of the minutes of the general meeting or of the meeting of the board of directors; III - instrument of appointment of an attorney resident in the Country by a member of the board of directors resident or domiciled abroad; IV - four certified copies of the instrument of amendment to the articles of association; V - two certified copies of the proof of appointment of legal representative of a branch, in the Country, of financial institutions with head office abroad, legalized at a Brazilian Consulate; VI - two certified copies of the translation, by a sworn public translator, of the document referred to in the previous item, registered with the competent Registry of Deeds and Documents Office; VII - document "CAPEF - Information on Act of Election or Appointment", CADOC model No. 38006-7; VIII - document "CAPEF - Registration Form - Personal Data", CADOC model No. 38027-0, established by Circular No. 1,958, of 10 May 1991, observing the provisions of Letter-Circular No. 2,613, of 9 February 1996; IX - complete newspaper pages containing the publications of the statement of purpose; X - declaration signed by the person elected or appointed, observing the provisions of art. 2; XI - curriculum vitae of the person elected or appointed, observing the provisions of art. 4. Art. 2 The declaration referred to in art. 3 of Resolution No. 2,645, of 1999, must be presented in the form of model Annex I to this Circular. Art. 3 The statement of purpose referred to in art. 5 of Resolution No. 2,645, of 1999, must be prepared in the form of model Annex II to this Circular and published on two dates in the business section or equivalent of a newspaper of large circulation, in the locations of the head office of the institution and of the domicile of the persons elected or appointed to the positions of director or managing partner. Paragraph 1 The institution must transmit the text of the statement of purpose to the Central Bank of Brazil, via the internet, to the electronic address copec.deorf@bcb.gov.br, immediately after
the last publication, with an indication of the newspaper and the dates of the publications. Paragraph 2 The period for receipt, by the Central Bank of Brazil, of objections from the public, as a result of the publication of the statement of purpose, shall be fifteen days, counted from the date of the last publication. Paragraph 3 The person elected or appointed may, in the form of the legislation in force, have the right to inspect the approval process, in order to learn of the objections from the public. Art. 4 The compliance with the requirements dealt with in art. 4 of Resolution No. 2,645, of 1999, must be evidenced by a curriculum vitae endorsed by the institution. Sole paragraph. The curriculum vitae referred to in this article must: I - form part of the approval process instructed at the Central Bank of Brazil, in the cases in which the publication of the statement of purpose referred to in art. 5 of Resolution No. 2,645, of 1999, is required; II - be kept on file at the head office of the institution, in the cases in which the publication of the statement of purpose referred to in art. 5 of Resolution No. 2,645, of 1999, is not required. Art. 5 Information relating to the dates of taking office, resignation and departure, as well as temporary absences exceeding fifteen days, of the holders of statutory positions in the institutions referred to in art. 1 must be communicated to the Central Bank of Brazil. Sole paragraph. The information dealt with in this article must be provided to the component of the Central Bank of Brazil/Department of Organization of the Financial System (DEORF) to which the institution is subject, by means of transaction PMSG750 of the Central Bank Information System - SISBACEN, until a specific transaction for this purpose is made available. Art. 6 This Circular enters into force on the date of its publication. Art. 7 The Circular No. 2.335 of 14 July 1993 and the Circular Letter No. 2.398 of 18 August 1993 are hereby revoked. Brasília, 30 September 1999 Sérgio Darcy da Silva Alves Director ANNEX I D E C L A R A T I O N The undersigned, having been elected (or appointed) to serve on the (cite the statutory body) of the (cite the institution), declares before the Central Bank of Brazil that: I - meets the conditions established in art. 2 of Resolution No. 2.645 of 22 September 1999, to exercise the office for which he/she was elected (or appointed); II - is a shareholder of the institution for which he/she was elected (only for those elected to the board of directors of corporations); III - meets the requirements established in art. 162 of Law No. 6.404 of 15 December 1976 (only for those elected to the fiscal council of corporations); IV - does not participate in the administration, fiscal council or any other statutory body of a company whose securities are traded on stock exchanges (only for those elected/appointed to management positions of securities dealers); and V - assumes full responsibility for the
accuracy of the declarations made herein, and the Central Bank of Brazil is hereby authorized to make, within legal limits and in or out of court, whatever use it deems appropriate. Place and date Name, CPF and signature of the elected/appointed person ANNEX II D E C L A R A T I O N O F I N T E N T Name(s), identity document(s) and CPF of the elected or appointed person(s) D E C L A R E (S) his/her intention to exercise management position(s) in (indicate the institution for which he/she/they was/were elected or appointed) and that he/she/they meets/meet the conditions established in art. 2 of Resolution No. 2.645 of 22 September 1999, of the National Monetary Council. S T A T E S that, under the regulations in force, any objections to this declaration must be communicated directly to the Central Bank of Brazil, at the address below, within fifteen days from the date of publication hereof, by means of a document in which the authors are duly identified, accompanied by supporting documentation, provided that the declarant(s) may, in accordance with the legislation in force, have the right to inspect the respective case file. CENTRAL BANK OF BRAZIL (Address of the component of the Department of Organization of the Financial System (DEORF) to which the institution is subject) --------------------------------------------------------------------- Note: retransmitted due to correction in the electronic address cited in paragraph 1 of art. 3.