Circular No. 2.655

CIRCULAR N. 002655 ------------------ Creates new reasons for the return of checks by the Check and Other Instruments Clearing Service and amends rules related to checks. The Board of Directors of the Central Bank of Brazil, in a session held on 17.01.96, based on art. 2 of Resolution No. 1.682, of 31.01.90, D E C I D E D: Art. 1 Create the return reason No. 28 - Counter-order (or revocation) or opposition (or stop payment) to payment, caused by theft or robbery, the use of which is conditioned upon the presentation, by the issuer, in both cases, or legitimate holder, in the case of opposition (or stop payment), of the respective police report. Art. 2 When the return is made for the reason mentioned in the previous article, the following are prohibited: I - the provision of the information provided for in art. 25 of the Regulation annexed to Resolution No. 1.631, of 24.08.89, with the wording given by Resolution No. 1.682, of 31.01.90; II - the collection of the return fee. Sole paragraph. In the event of inclusion, in the Registry of Issuers of Insufficient Funds Checks, of an occurrence motivated by theft or robbery, proven by the presentation of the respective police report, the following shall not be charged to the account holder: I - the collection fee referred to in art. 20 of the Regulation annexed to Resolution No. 1.631, of 24.08.89, with the wording given by Resolution No. 1.682, of 31.10.90; II - any fee for services performed; III - the return fee. Art. 3 The return reason No. 29 is created - Check blocked due to lack of confirmation of receipt of the checkbook by the account holder. Sole paragraph. The return of checks for reason No. 29 is prohibited when the authenticity of the account holder's signature is verified by the drawee bank on any check from the checkbook, in which case receipt of the checkbook shall be considered confirmed. Art. 4 In the case of a check issued by an account holder of a joint account, the name of the first holder appearing on the proposal form referred to in art. 1 of Resolution No. 2.025, of 24.11.93, shall be included in the CCF, adding the type of checking account. Art. 5 This Circular enters into force 30 (thirty) days after the date of its publication. Art. 6 Art. 9 of the Regulation annexed to Resolution No. 1.631, of 24.08.89, with the wording given by Resolution No. 1.682, of 31.01.90, and item 21 of Circular No. 1.528, of 24.08.89, are revoked. Brasília, 17 January 1996 Cláudio Ness Mauch Francisco Lafaiete de Pádua Lopes Director of Norms and Organization Director of Monetary Policy, acting of the Financial System