Circular No. 3.172

CIRCULAR N. 003172 ------------------ Establishes procedures regarding the exercise of positions in statutory bodies of financial institutions and other institutions authorized to operate by the Central Bank of Brazil. The Collegiate Board of the Central Bank of Brazil, in a session held on 30 December 2002, having regard to the provisions of art. 12 of Resolution 3.041, of 28 November 2002, D E C I D E D: Art. 1 Establish that the processes for approval of names of those elected or appointed to exercise positions in statutory bodies of financial institutions and other institutions authorized to operate by the Central Bank of Brazil must be instructed by means of a request accompanied by the following documentation, as applicable, without prejudice to the other requirements set forth in Resolution 3.041, of 28 November 2002: I - proof of publication of the notice of convocation of the general meeting, in the form of the law; II - two authenticated copies of the minutes of the general meeting or of the meeting of the board of directors; III - instrument of constitution of an attorney resident in the Country by a member of the board of directors resident or domiciled abroad; IV - four authenticated copies of the instrument of amendment to the articles of association; V - two authenticated copies of the proof of appointment of legal representative of a branch, in the Country, of financial institutions with head office abroad, legalized at the Brazilian Consulate; VI - two authenticated copies of the translation, by sworn public translator, of the document referred to in item V, registered with the competent Registry of Titles and Documents; VII - document "Capef - Information on Act of Election or Appointment", contained in Cadoc as model 38006-7; VIII - document "Capef - Registration Form - Personal Data", contained in Cadoc as model 38027-0, provided for in Circular 1.958, of 10 May 1991, observing the provisions of Letter-Circular 2.613, of 9 February 1996; IX - declaration referred to in art. 3 of Resolution 3.041, of 2002, signed by the elected or appointed person, in the form of Annex I; X - authorization to the Federal Revenue Secretariat, in accordance with art. 3, item I, of Resolution 3.041, of 2002, in the form of Annex II; XI - authorization to the Central Bank of Brazil, in accordance with art. 3, item II, of Resolution 3.041, of 2002, in the form of Annex III; XII - justified declaration signed by the institutions in the form of art. 4, paragraph 1, of Resolution 3.041, of 2002; XIII - complete newspaper pages containing the publications of the statement of purpose referred to in art. 5 of Resolution 3.041, of 2002. Art. 2 The statement of purpose referred to in art. 5 of Resolution 3.041, of 2002, must be prepared in the form of Annex IV and published on two dates in the business section or equivalent of a newspaper of large circulation, in the localities of the institution's head office and of the domicile of those elected or
appointed to the positions of board of directors member, director or managing partner. Paragraph 1 The institution must transmit the text of the statement of purpose to the Central Bank of Brazil using the rich text format - rtf, via the internet, to the electronic address copec.deorf@bcb.gov.br, immediately after the last publication, with the indication of the newspapers and the dates of publication. Paragraph 2 The period for receipt, by the Central Bank of Brazil, of objections from the public, as a result of the publication of the statement of purpose, shall be fifteen days, counted from the date of the last publication. Art. 3 Information relating to the dates of taking office, resignation and termination, as well as temporary absences exceeding fifteen days, of the holders of statutory positions in the institutions referred to in art. 1 must be communicated to the Central Bank of Brazil within five business days counted from the date of the event. Sole paragraph. The information referred to in this article must be provided to the component of the Department of Organization of the Financial System (Deorf) to which the institution is subject, by means of transaction PMSG750 of the Central Bank Information System - Sisbacen, while a specific transaction for this purpose is not made available. Art. 4 This circular enters into force on the date of its publication, producing effects from 2 January 2003, when Circular 2.932, of 30 September 1999, shall be revoked. Brasília, 30 December 2002 Sérgio Darcy da Silva Alves Director Annex I to Circular 3.172, of 30 December 2002 MODEL DECLARATION The undersigned, having been elected (or appointed) to compose the (cite the statutory body) of (cite the institution), declares before the Central Bank of Brazil that: I - fulfills the conditions established in art. 2 of Resolution 3.041, of 28 November 2002, for the exercise of the position for which he was elected (or appointed); II - is a shareholder of the institution for which he was elected (only for those elected to the board of directors of corporations); III - is a member of the institution for which he was elected and fulfills the statutory requirements for membership (only for those elected to credit cooperatives, except liquidator); IV - fulfills the requirements established in art. 162 of Law 6.404, of 15 December 1976 (only for those elected to the fiscal council of corporations); V - does not participate in the administration, fiscal council or any other statutory body of a company whose securities are traded on stock exchanges (only for those elected/appointed to administration positions of securities brokerage companies); and VI - assumes full responsibility for the accuracy of the declarations hereby made, and the Central Bank of Brazil is hereby authorized to make, within legal limits and in court or out of court, whatever use it deems appropriate. Place and date Name, individual taxpayer registration number (CPF) and signature of the
elected/appointed person Annex II to Circular 3.172, of 30 December 2002. AUTHORIZATION FORM The undersigned, having been elected (appointed) to serve on the (state the statutory body) of the (state the institution), in accordance with (specify the assembly or contractual act of election/appointment), authorizes, under the terms of art. 3, item I, of Resolution 3.041, of 28 November 2002, the Federal Revenue Office to provide the Central Bank of Brazil with a copy of their income tax return, statement of assets and rights and statement of debts and real charges, for the last three fiscal years, for exclusive use in the examination of the respective approval process. Place and date Name, individual taxpayer registration number (CPF) and signature of the elected/appointed person Annex III to Circular 3.172, of 30 December 2002. AUTHORIZATION FORM The undersigned, having been elected (appointed) to serve on the (state the statutory body) of the (state the institution), in accordance with (specify the assembly or contractual act of election/appointment), authorizes, under the terms of art. 3, item II, of Resolution 3.041, of 28 November 2002, the Central Bank of Brazil to have access to information concerning them, contained in any public or private registration and information system. Place and date Name, individual taxpayer registration number (CPF) and signature of the elected/appointed person Annex IV to Circular 3.172, of 30 December 2002. STATEMENT OF PURPOSE FORM Names, identity documents and CPF of the elected or appointed persons DECLARE their intention to serve in management positions at (indicate the institution for which they were elected or appointed) and that they meet the conditions established in art. 2 of Resolution 3.041, of 28 November 2002. THEY CLARIFY that, under the terms of the regulations in force, any objections to this declaration must be communicated directly to the Central Bank of Brazil, at the address below, within fifteen days from the date of publication hereof, by formal means in which the authors are duly identified, accompanied by supporting documentation, it being understood that the declarants may, in accordance with the legislation in force, be entitled to inspect the respective case file. CENTRAL BANK OF BRAZIL (Address of the component of the Department of Organization of the Financial System - Deorf to which the institution is subject) --------------------------------------------------------------------- Note: retransmitted due to correction in paragraph 1 of art. 2.