Circular No. 2978 — Procedures for Processing Applications and Transmitting Information Related to the Hiring of Correspondents in the Country

CIRCULAR NO. 002978

Dispenses with the procedures related to the processing of applications and the transmission of information related to the hiring of correspondents in the Country.

The Collegiate Board of the Central Bank of Brazil, in a session held on April 19, 2000, having regard to the provisions of Article 4 of Resolution No. 2,707, of March 30, 2000,

DECIDED:

Article 1. To establish that requests for authorization to hire companies to provide the services referred to in Article 1, items I and II, of Resolution No. 2,707, of March 30, 2000, by multiple banks with commercial portfolio, commercial banks, and Caixa Econômica Federal, must be filed with the component of the Department of Organization of the Financial System (DEORF) to which the contracting financial institution is subject, accompanied by:

I - a request containing the identification of the hired company (corporate name, National Registry of Legal Entities (CNPJ) number, and complete address of the headquarters) and the full name(s) and position(s) of the signatory(ies);

II - a copy of the contract entered into with the hired company, containing, in addition to the clauses provided for in Article 2 of Resolution No. 2,707, of 2000, a provision establishing that the commencement of the provision of services may only occur after authorization by the Central Bank of Brazil;

III - a list of municipalities in which the hired company may provide the services referred to in this article, if not included in the contract entered into with the contracting financial institution, with the indication of the CNPJ registration number and the complete address of each branch of the hired company.

Sole Paragraph. Authorization to hire companies to provide the services referred to in this article will only be granted to the financial institution that meets the operational limits established in the current regulation.

Article 2. In the hiring of companies to provide the other services provided for in Article 1 of Resolution No. 2,707, of 2000, the contracting financial institution must send to the Department of Registration and Information of the Financial System (DECAD), in the manner to be disclosed by that Unit, a communication containing the following information:

I - corporate name, CNPJ registration number, and complete address of the headquarters of the hired company;

II - list of services to be provided;

III - dates of the signing of the contract and the commencement of the provision of services;

IV - list of municipalities in which the services will be provided, with the indication of the CNPJ registration number and the complete address of each branch of the hired company.

Sole Paragraph. Any occurrences that imply changes in the information referred to in this article must also be communicated to the DECAD.

Article 3. The responsibility of the contracting financial institution for the services provided by the hired company, provided for in Article 2, item I, of Resolution No. 2,707, of 2000, includes the obligation of observance, by the hired company, of the provisions established in the current legislation regarding security and bank secrecy, as well as the prevention and combat of activities related to the crimes provided for in Law No. 9,613, of March 3, 1998.

Article 4. Service provision contracts must be kept available to the Central Bank of Brazil at the headquarters of the contracting financial institution and, by authenticated copy, at the headquarters and at the branch(es) of the hired company.

Article 5. Service provision contracts of correspondents in force, entered into based on previous regulation, must be adapted to the conditions of Resolution No. 2,707, of 2000, within a maximum period of sixty days counted from the date of entry into force of this Circular.

Sole Paragraph. For the purposes of the adaptation referred to in this article, the provisions of Article 1 or 2 must be observed, depending on the type of services provided.

Article 6. Observing the provisions of Article 2, item III, of Resolution No. 2,707, of 2000, the financial movement corresponding to the operations executed by the hired company must be grouped by location, and must be incorporated into the accounting of the central branch located in the municipality where the services were provided, or of a branch located in the nearest location, in case the municipality does not have a bank branch of the contracting financial institution.

Article 7. The contracting financial institution must keep permanently updated the registration data related to the provision of services in accordance with Article 1, items I and II, of Resolution No. 2,707, of 2000, communicating to the component of the DECAD to which it is subject, within a maximum period of five days counted from the date of its occurrence, any alteration related to the corporate name, change of address, and closure of activities of the headquarters or branch(es) of the hired company, as well as the revocation of the service provision contract and alteration in the list of services provided.

Article 8. The inclusion of branch(es) of the hired company for the purposes of providing the services referred to in Article 1, items I and II, of Resolution No. 2,707, of 2000, must also be communicated to the DECAD, with a minimum advance of five business days from the date scheduled for the commencement of this activity.

Article 9. The information referred to in this Circular must be provided through the PMSG750 transaction of the Central Bank Information System (SISBACEN), while no specific transaction is made available for this purpose.

Article 10. The contracting financial institution must, according to periodicity to be duly defined by the DECAD, provide conformity to the registration data referred to in this Circular.

Article 11. The failure to provide, late provision, or late rectification of the information required by this Circular will result in the application of the penalties provided for in Resolution No. 2,194, of August 31, 1995.

Article 12. This Circular enters into force on the date of its publication.

Article 13. Circular Letter No. 2,885, of December 8, 1999, is hereby revoked.

Brasília, April 19, 2000

Sérgio Darcy da Silva Alves
Director