Circular Nº 2.946

CIRCULAR N. 002946 ------------------ Amends deadlines for the submission of financial statements. The Board of Directors of the Central Bank of Brazil, in a session held on 27 October 1999, based on art. 4, item XII, of Law No. 4,595 of 31 December 1964, by virtue of delegated authority from the National Monetary Council, by act of 19 July 1978, and in view of the provisions of Resolution No. 2,194 of 31 August 1995, art. 12 of Circular No. 2,381 of 18 November 1993, and art. 28 of the Regulation annexed to Circular No. 2,616 of 18 September 1995, D E C I D E D: Art. 1º As of the reference date of 29 February 2000, inclusive, financial institutions, other institutions authorized to operate by the Central Bank of Brazil, and consortium administrators must observe the following deadlines for the delivery to this Central Bank of the documents specified below in the manner provided in the Chart of Accounts of the Institutions of the National Financial System - COSIF: I - monthly, within five business days counted from the close of the reference month, except those relating to the months of June and December, which must be delivered by the tenth day of the month following the respective reference dates: a) Analytical Balance Sheet, doc. 1 of COSIF, CADOC 4010; b) Economic-Financial Statistics, doc. 15 of COSIF, CADOC 4150; II - monthly, by the tenth day of the month following the respective reference dates: a) Consolidated Analytical Balance Sheet - Consolidated Position of the Head Office and Foreign Branches, doc. 1 of COSIF, CADOC 4020; b) Consolidated Statement of Consortium Resources, doc. 6 of COSIF, CADOC 4110; c) Analytical Balance Sheet - Individualized Position of Foreign Branches, doc. 18 of COSIF, CADOC 4180; d) Consolidated Statement of Changes in Group Liquidity, doc. 7 of COSIF, CADOC 4350; e) Monthly Banking Statistics, doc. 13 of COSIF, CADOC 4500; f) Global Banking Statistics, doc. 13 of COSIF, CADOC 4510; g) Consolidated Analytical Balance Sheet - Consolidated Position of Foreign Branches, doc. 18 of COSIF, CADOC 4780; III - quarterly, by the tenth day of the month following the reference date, the Analytical Balance Sheet - Individualized Position of Equity Interests Abroad, doc. 18 of COSIF, CADOC 4183; IV - semi-annually, by the tenth day of the month following the reference dates of 30 June and 31 December: a) Analytical Balance Sheet, doc. 1 of COSIF, CADOC 4016; b) Consolidated Analytical Balance Sheet - Consolidated Position of the Head Office and Foreign Branches, doc. 1 of COSIF, CADOC 4026; c) Analytical Balance Sheet - Individualized Position of Equity Interests Abroad, doc. 19 of COSIF, CADOC 4186; d) Analytical Balance Sheet - Individualized Position of Foreign Branches, doc. 19 of COSIF, CADOC 4196; e) Consolidated Analytical Balance Sheet - Consolidated Position of Foreign Branches, doc. 19 of COSIF, CADOC 4796; f) Consolidated Analytical Balance Sheet - Operational Consolidation of Financial Conglomerate, including
Foreign Branches and Equity Interests Abroad, doc. 4 of COSIF, CADOC 4040; g) Consolidated Analytical Balance Sheet - Operational Consolidation of Financial Conglomerate, including Foreign Branches and Equity Interests Abroad, doc. 4, CADOC 4046. Paragraph 1º Investment funds must provide only the Analytical Balance Sheet document, CADOC 4010. Paragraph 2º The documents Consolidated Statement of Consortium Resources, CADOC 4110, and Consolidated Statement of Changes in Group Liquidity, CADOC 4350, must be provided only by consortium administrators. Paragraph 3º The Economic-Financial Statistics document, CADOC 4150, does not apply to securities brokerage companies, foreign exchange brokerage companies, securities distribution companies, credit cooperatives, and consortium administrators. Paragraph 4º The Monthly Banking Statistics, CADOC 4500, and Global Banking Statistics, CADOC 4510, documents must be provided by commercial banks, multiple banks with a commercial portfolio, and savings banks. Paragraph 5º The Consolidated Analytical Balance Sheet document, CADOC 4040, referred to in item IV, item f, must be submitted monthly by institutions that perform the calculation of operational limits on a consolidated basis. Paragraph 6º When delivery is not made by 16:00 on the established deadline, a notice of irregularity will be issued to the defaulting institution, granting an additional period of five calendar days. Paragraph 7º When the deadlines referred to in this article fall on a non-business day, they will be automatically postponed to the next business day. Paragraph 8º Financial or extra-financial statements presented with errors in completion, content, or technical specification will be returned and must be resubmitted within the regulatory period. Art. 2º Failure to observe the additional period referred to in paragraph 6 of the preceding article shall subject the defaulting institution to a monetary fine, levied on the delay in the delivery of each document, applicable from the day following the expiration of that period until the date of delivery of the correct document, according to legal and regulatory provisions. Paragraph 1º The amounts relating to the monetary fines will be debited, by notice, to the Bank Reserves account maintained by financial institutions with the Central Bank of Brazil. Parágrafo 2º The institutions and other companies cited in art. 1º that are not holders of a Reservas Bancárias account must enter into an agreement with a commercial bank, a multiple bank holding a commercial portfolio, or a savings bank (caixa econômica), under the terms provided in Circular nº 2.425, of 15 June 1994. Parágrafo 3º For institutions that do not maintain the aforementioned account, a collection notice will be issued, specifying the amount of the pecuniary fine and the deadline for payment to the Banco Central do Brasil. Parágrafo 4º The application of the pecuniary fine will not eliminate the possibility of initiating an
administrative proceeding, subjecting the defaulting institution to the other penalties provided for in the legislation in force. Parágrafo 5º The provisions of this article also apply to the rectification or substitution of documents already processed, resulting from a determination by the Banco Central do Brasil or at the request of the institution. Art 3º This Circular shall enter into force on the date of its publication. Art 4º As of 29 February 2000, Circulars nºs 1.095, of 10 December 1986, 1.490, of 1 June 1989, 1.949, of 24 April 1991, articles 10 of Circular nº 2.381, of 18 November 1993, 12 of Circular nº 2.397, of 29 December 1993, 6º of Circular nº 2.654, of 17 January 1996, and the sole paragraph of art. 2º of Circular nº 2.571, of 17 May 1995 are hereby revoked and, as of the date of publication of this Circular, Circular nº 2.920, of 19 August 1999. Brasília, 27 October 1999 Sérgio Darcy da Silva Alves Director