Circular No. 2336 — Federal Deregulation Program: Decree No. 99,179 of March 15, 1990. Dispenses Issuance of Certificate in Authorizations to Operate in the Consortium System and Adopts Other Measures

CIRCULAR N. 002336

PROGRAMA FEDERAL DE DESREGULAMENTAÇÃO -
DECRETO Nº 99.179, DE 15.03.90. DISPEN-
SA A EMISSÃO DE CERTIFICADO NAS AUTORI-
ZAÇÕES PARA OPERAR NO SISTEMA DE CON-
SÓRCIO E ADOTA OUTRAS PROVIDÊNCIAS.

COMMUNICATE THAT THE BOARD OF DIRECTORS OF THE CENTRAL BANK OF BRAZIL, IN A SESSION HELD ON 14.07.93, BASED ON LAW NO. 8.177, OF 1ST.03.91, DECIDED THAT:

ART. 1. IN AUTHORIZATIONS TO OPERATE IN THE CONSORTIUM SYSTEM, CERTIFICATES OF AUTHORIZATION WILL NOT BE ISSUED, FROM THE DATE OF PUBLICATION OF THIS CIRCULAR, BECOMING SUITABLE FOR RELEVANT PROOF:

I - THE COMMUNICATION OF THE GRANTING ACT AND ITS RESPECTIVE PUBLICATION IN THE OFFICIAL GAZETTE; AND

II - THE EXISTING CADASTRAL RECORDS IN THE CENTRAL BANK INFORMATION SYSTEM - SISBACEN.

PARAGRAPH 1. CERTIFICATES OF AUTHORIZATION AND ADDENDUMS ISSUED ARE EXTINGUISHED.

PARAGRAPH 2. ADMINISTRATORS MUST OBSERVE, IN THEIR OPERATIONS, THE TERMS, LIMITS AND CONDITIONS AUTHORIZED, AS WELL AS THE PLAN REGULATIONS, VALID AS PROOF OF ALREADY GRANTED AUTHORIZATIONS THE EXISTING CADASTRAL RECORDS IN SISBACEN.

ART. 2. THE REGULATIONS OF THE CONSORTIUM GROUP, WHICH MUST BE REGISTERED IN THE REGISTRY OF TITLES AND DOCUMENTS OF THE LOCATION WHERE THE ADMINISTRATOR'S HEADQUARTERS IS INSTALLED, WILL REPRODUCE THE FULL TEXT OF THE REGULATORY PROVISIONS OF CONSORTIUM OPERATIONS.

SINGLE PARAGRAPH. THE REGULATIONS REFERRED TO IN THIS ARTICLE MUST BE FILED AT THE ADMINISTRATOR'S HEADQUARTERS, AT THE DISPOSAL OF THE CENTRAL BANK, MAINTAINING A CERTIFIED COPY IN THE ADMINISTRATOR'S BRANCHES AND IN THE DEPENDENCIES OF AN AFFILIATED COMPANY, IF ANY.

ART. 3. THE SUBMISSION TO THE CENTRAL BANK OF BRAZIL OF COPIES OF DRAFTS OF THE CONSORTIUM REGULATIONS, THE ADHERENCE PROPOSAL OR CONTRACT, THE GUARANTEE CONTRACTS AND THE BREAKAGE OF GUARANTEE INSURANCE IS WAIVED.

ART. 4. NON-BUSINESS DAYS, FOR THE PURPOSE OF COUNTING DEADLINES PROVIDED FOR IN THE REGULATIONS OF CONSORTIUM OPERATIONS, ARE SATURDAYS, SUNDAYS AND NATIONAL HOLIDAYS, AS WELL AS MUNICIPAL HOLIDAYS WHEN OCCURRING IN THE MUNICIPALITY WHERE THE GROUP WAS CONSTITUTED.

ART. 5. AMEND ARTICLE 1 OF CIRCULAR NO. 2,092, OF 03.12.91, WHICH SHALL NOW BE IN FORCE WITH THE FOLLOWING WORDING:

"ART. 1. THE CONSORTIUM ADMINISTRATOR MUST KEEP AT THE DISPOSAL OF THE CONSORTIUM MEMBERS WITH VOTING RIGHTS IN THE GENERAL MEETINGS, ORDINARY AND EXTRAORDINARY, OF EACH GROUP AN UPDATED LIST CONTAINING THE NAME AND COMPLETE ADDRESS OF ALL PARTICIPANTS IN THE RESPECTIVE GROUP, PROVIDING A COPY WHENEVER REQUESTED."

ART. 6. AMEND ARTICLE 35 OF THE REGULATIONS ANNEXED TO CIRCULAR NO. 2,312, OF 26.05.93, WHICH SHALL NOW BE IN FORCE WITH THE FOLLOWING WORDING:

"ART. 35. THE CONSORTIUM MEMBER WHO LATELY PAYS THE INSTALLMENTS IS SUBJECT TO THE CHARGES REFERRED TO IN ITEMS III AND IV OF ARTICLE 23 OF THESE REGULATIONS."

ART. 7. AMEND SUBITEMS 1.1.2 AND 1.1.3 OF ANNEX 2 OF CIRCULAR NO. 2,163, OF 20.04.92, WHICH SHALL NOW BE IN FORCE WITH THE FOLLOWING WORDING:

"1.............................................................
1.1...........................................................
1.1.1.........................................................
1.1.2. CORPORATE COMPOSITION RESULTING:
1.1.2.1 - CONTROLLERS:
A - LEGAL ENTITIES: (ALL LEVELS OF PARTICIPATION MUST BE SPECIFIED UNTIL THE CORPORATE CONTROL OF THE COMPANY BY NATURAL PERSONS IS CLEARLY EVIDENCED) NAME OF THE COMPANY:
HEADQUARTERS:
CGC:
NET WORTH: BASE DATE:
PERCENTAGE OF PARTICIPATION:
B - NATURAL PERSONS:
NAME:
DOMICILE:
NATIONALITY:
PROFESSION:
CPF:
PERCENTAGE OF PARTICIPATION:
1.1.3. OTHER SHAREHOLDERS/MEMBERS WITH 10% (TEN PER CENT) OR MORE OF THE CAPITAL:
A - LEGAL ENTITIES:
NAME OF THE COMPANY:
HEADQUARTERS:
CGC:
NET WORTH: BASE DATE:
PERCENTAGE OF PARTICIPATION:
B - NATURAL PERSONS:
NAME:
DOMICILE:
NATIONALITY:
PROFESSION:
CPF:
PERCENTAGE OF PARTICIPATION:
1.2...........................................................
1.2.1.........................................................
1.2.2.........................................................
1.2.3.........................................................
1.2.4.........................................................
1.3...........................................................
2............................................................"

ART. 8. THIS CIRCULAR ENTERS INTO FORCE ON THE DATE OF ITS PUBLICATION.

ART. 9. ITEMS 1, 2, 3 AND 4 OF INSTRUCTION NO. 44, OF 03.05.89, OF THE FEDERAL REVENUE DEPARTMENT, SUBITEM 1.2 OF INSTRUCTION NO. 42, OF 28.04.89, OF THE FEDERAL REVENUE DEPARTMENT, ITEM 16 OF ORDER NO. 028, OF 05.03.90, OF THE MINISTRY OF FINANCE, ARTS. 6 AND 7 OF CIRCULAR NO. 2,027, OF 28.08.91, ITEM VI OF ART. 4 AND ALINÉA "A" OF THE SINGLE PARAGRAPH OF ART. 13 OF THE REGULATIONS ANNEXED TO CIRCULAR NO. 2,163, OF 20.04.92, AND SUBITEMS 3 AND 4 OF ALINÉA "A" OF PARAGRAPH 3 OF ART. 2 OF CIRCULAR NO. 2,312, OF 26.05.93, ARE REVOKED.

BRASÍLIA (DF), JULY 14, 1993

CLÁUDIO NESS MAUCH
DIRECTOR OF NORMS AND ORGANIZATION
OF THE FINANCIAL SYSTEM