Circular No. 2.292

CIRCULAR N. 002292 ------------------ TO MULTIPLE BANKS, COMMERCIAL BANKS, INVESTMENT BANKS, DEVELOPMENT BANKS, SAVINGS BANKS AND CREDIT, FINANCING AND INVESTMENT COMPANIES. PROVIDES FOR THE SUBMISSION OF DAILY INFORMATION TO THE CENTRAL BANK OF BRAZIL - AVERAGE RATES AND VOLUMES OF APPLICATION. WE COMMUNICATE THAT THE BOARD OF DIRECTORS OF THE CENTRAL BANK OF BRAZIL, IN A SESSION HELD ON 24.03.93, HAVING REGARD TO THE PROVISIONS OF ART. 37 OF LAW Nº 4.595, OF 31.12.64, AND ART. 3, ITEM IX, OF LAW Nº 4.728, OF 14.07.65, DECIDED: ART. 1. THE INSTITUTIONS MENTIONED ABOVE MUST INFORM DAILY, TO THE DEPARTMENT OF SPECIAL STUDIES AND MONITORING OF THE FINANCIAL SYSTEM (DEASF), THROUGH THE CENTRAL BANK INFORMATION SYSTEM (SISBACEN), THE AVERAGE RATES AND VOLUMES OF APPLICATION OF FUNDS PRACTICED. PARAGRAPH 1. THE DEADLINE FOR PROVIDING THE INFORMATION REFERRED TO IN THE "CAPUT" OF THIS ARTICLE IS THE THIRD BUSINESS DAY AFTER THE REFERENCE DATE. PARAGRAPH 2. THE APPLICATION RATE MUST BE THE EFFECTIVE DAILY RATE, KNOWN AS THE "OVER RATE", BASED ON THE ACTUAL COST OF THE OPERATION FOR THE BORROWERS OF FUNDS: A - FOR THE PURPOSE OF CALCULATING THE AVERAGE DAILY RATE, THE VOLUMES ACTUALLY APPLIED ON EACH DAY TO WHICH THEY REFER MUST BE WEIGHTED; B - THE AVERAGE VOLUMES OF FUNDS APPLIED MUST EXPRESS THE SIMPLE ARITHMETIC AVERAGE OF THE AMOUNTS ACTUALLY MADE AVAILABLE TO BORROWERS THROUGHOUT EACH DAY. PARAGRAPH 3. THE INFORMATION MUST BE SEPARATED BY TYPE OF OPERATION (FIXED OR FLOATING RATE) AND BY CLIENTELE (INDIVIDUALS OR LEGAL ENTITIES), ACCORDING TO THE FOLLOWING CLASSIFICATION: A - LEGAL ENTITIES: 1 - "HOT MONEY"; 2 - DISCOUNT OF DUPLICATES; 3 - DISCOUNT OF PROMISSORY NOTES; 4 - WORKING CAPITAL; 5 - GUARANTEED ACCOUNT; 6 - ACQUISITION OF GOODS; 7 - VENDOR; 8 - ADVANCES ON EXCHANGE CONTRACTS; 9 - EXPORT NOTES; 10 - OPERATIONS OF RESOLUTION Nº 63; B - INDIVIDUALS: 1 - OVERDRAFT; 2 - PERSONAL CREDIT; 3 - ACQUISITION OF GOODS. PARAGRAPH 4. FOR THE PURPOSES OF THIS ARTICLE, EVENTUAL STATE OR MUNICIPAL HOLIDAYS SHALL BE CONSIDERED BUSINESS DAYS. PARAGRAPH 5. THE INSTITUTIONS MAY CHANGE THE DATA SENT ONLY WITHIN THE INFORMATION PERIOD AND, AFTER THIS PERIOD, ONLY UPON WRITTEN REQUEST ADDRESSED TO DEASF/DIAFI (FINANCIAL APPLICATIONS MONITORING DIVISION). ART. 2. FAILURE TO SUBMIT THE INFORMATION REFERRED TO IN THIS CIRCULAR, WITHIN THE ESTABLISHED PERIOD, SUBJECTS THE INSTITUTION TO A FINE EQUIVALENT TO 200 (TWO HUNDRED) FISCAL REFERENCE UNITS (UFIRS) PER DAY OF DELAY, WITHOUT PREJUDICE TO OTHER SANCTIONS PROVIDED FOR IN CURRENT LEGISLATION, AND THE CONVERSION INTO CRUZEIROS SHALL BE MADE ON THE DATE OF APPLICATION OF THE FINE. PARAGRAPH 1. ANY CHANGES REQUESTED BY THE INSTITUTIONS AFTER THE DEADLINE WILL RECEIVE THE SAME TREATMENT AS INFORMATION SENT LATE. PARAGRAPH 2. THE FINE REFERRED TO IN THE "CAPUT" OF THIS ARTICLE SHALL BE DEBITED TO THE INSTITUTION'S "BANKING RESERVES" ACCOUNT OR, IN ITS ABSENCE, TO THE RESPECTIVE ACCOUNT OF THE COMMERCIAL BANK, MULTIPLE
BANK WITH COMMERCIAL PORTFOLIO OR SAVINGS BANK WITH WHICH THE INSTITUTION HAS ENTERED INTO AN AGREEMENT. PARAGRAPH 3. THE AGREEMENT PROVIDED FOR IN THE PREVIOUS PARAGRAPH DOES NOT IMPLY ANY LIABILITY OF THE HOLDER OF THE "BANKING RESERVES" ACCOUNT TOWARDS THE CENTRAL BANK OF BRAZIL, EXCEPT IN THE CASE WHERE THE ENTRIES PASSING THROUGH IT ARE NOT CHALLENGED BY THE BUSINESS DAY FOLLOWING THE EVENT. ART. 3. THE INSTITUTIONS COVERED BY THIS REGULATION MUST INFORM THE DEPARTMENT OF REGISTRATION AND INFORMATION/REGISTRATION RECORDS DIVISION (DECAD/DIREC) OF THE CENTRAL BANK OF BRAZIL - SBS - HEADQUARTERS BUILDING, BLOCK 3, BLOCK "B" - ZIP 70.074-900 - 14TH FLOOR - TEL.: (061) 214.1518 AND 214.1678, BY 16.04.93, AND KEEP PERMANENTLY UPDATED THE FOLLOWING DATA: I - NAMES, CPFS AND CONTACT TELEPHONES OF THOSE RESPONSIBLE FOR PREPARING AND PROVIDING THE INFORMATION; II - CGC AND NAME OF THE FINANCIAL INSTITUTION IN WHOSE "BANKING RESERVES" ACCOUNT THE FINES PROVIDED FOR IN THIS CIRCULAR WILL BE DEBITED. ART. 4. THE REQUESTED INFORMATION, REFERRED TO IN THE DOCUMENT CATALOG (CADOC) UNDER THE CODES LISTED BELOW, MUST BE PROVIDED TO THE CENTRAL BANK OF BRAZIL THROUGH SISBACEN TRANSACTION PESP500: INSTITUTIONS CODE CADOC COMMERCIAL BANK 20.1.0.302-8 DEVELOPMENT BANK 22.1.0.031-1 INVESTMENT BANK 24.1.0.401-6 MULTIPLE BANK 26.1.0.401-4 STATE SAVINGS BANK 36.1.0.136-8 FEDERAL SAVINGS BANK 38.0.0.401-6 SOC. CREDIT, FINANCING AND INVESTMENT 81.1.0.031-4 ART. 5. THIS CIRCULAR ENTERS INTO FORCE ON THE DATE OF ITS PUBLICATION, PRODUCING EFFECTS FROM THE DATA INFORMED WITH REFERENCE TO THE BASE DATE OF 03.05.93. ART. 6. THE SUBMISSION TO THE CENTRAL BANK OF BRAZIL, AS OF 03.05.93, OF THE FOLLOWING FORMS IS WAIVED: INSTITUTIONS CODE CADOC COMMERCIAL BANK 20.1.3.180-4 INVESTMENT BANK 24.1.3.110-6 MULTIPLE BANK 26.1.3.250-5 SOC. CREDIT, FINANCING AND INVESTMENT 81.1.3.110-1 ART. 7. AS OF 03.05.93, CIRCULAR Nº 1.349, OF 18.08.88, AND CIRCULAR LETTERS NOS. 1.894, OF 02.02.89, AND 1.913, OF 11.04.89, ARE REVOKED. BRASÍLIA (DF), 24 MARCH 1993 GUSTAVO JORGE LABOISSIÈRE LOYOLA LUIZ NELSON GUEDES DE CARVALHO PRESIDENT DIRECTOR NOTE: RETRANSMITTED DUE TO CORRECTION IN ART. 3.