Circular No. 3.175

CIRCULAR N. 003175 ------------------ Establishes procedures regarding the publication of a statement of purpose by founding members and administrators of credit cooperatives of small business owners, microentrepreneurs or microentrepreneurs. The Collegiate Board of the Central Bank of Brazil, in a session held on 15 January 2003, based on art. 3 of Resolution 2.771, of 30 August 2000, and in view of the provisions of art. 2-A, items III and IV, of the Regulation annexed to Resolution 2.771, of 2000, as amended by Resolution 3.058, of 20 December 2002, D E C I D E D: Art. 1 To determine that the statements of purpose of founding members and of administrators of credit cooperatives of small business owners, microentrepreneurs or microentrepreneurs, referred to in art. 2-A, items III and IV, of the Regulation annexed to Resolution 2.771, of 30 August 2000, as amended by Resolution 3.058, of 20 December 2002, must be prepared: I - in the case of authorization to operate, in the form of Annex I, regarding the statement of the founding members and of the administrators; II - in the case of an amendment to the bylaws aimed at adapting an existing credit cooperative to the modality of a credit cooperative of small business owners, microentrepreneurs or microentrepreneurs, in the form of Annex II, regarding the statement of the administrators; III - in the case of elected administrators of an operating cooperative, in the form of Annex IV to Circular 3.172, of 30 December 2002. Paragraph 1 The statement of purpose must be published on two dates in the economics section or equivalent of a newspaper of large circulation, in the localities that make up the area of operation of the credit cooperative and in those of domicile of the founding members and administrators who sign it. Paragraph 2 In the case provided for in item III, the administrator who has been previously approved by the Central Bank of Brazil, in a regular process with the respective publication of a statement of purpose, is exempt from a new publication, subject to any determination to the contrary by the aforementioned Autarchy, as provided in art. 5, paragraph 3, item I, of Resolution 3.041, of 28 November 2002. Paragraph 3 The institution must transmit the text of the statement of purpose to the Central Bank of Brazil using the rich text format - rtf standard, via the internet, to the electronic address copec.deorf@bcb.gov.br, immediately after the last publication, with an indication of the newspapers and the dates of publication. Paragraph 4 The processes for authorization to operate, for amendment to the bylaws and for approval of names of those elected to hold positions in statutory bodies must be accompanied, among other documents required by the regulations in force, by the complete pages of the newspapers containing the publications of the statement of purpose required in each case. Paragraph 5 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. 2 This circular enters into force on the date of its publication. Brasília, 15 January 2003 Sérgio Darcy da Silva Alves Director --------------------------------------------------------------------- Annex I to Circular 3.175, of 15 January 2003 MODEL STATEMENT OF PURPOSE The undersigned, in the capacity of founding members of the credit cooperative named below, through this instrument, I - DECLARE 1. Their intention to establish a credit cooperative of small business owners, microentrepreneurs and microentrepreneurs, under the terms of the regulations in force issued by the Central Bank of Brazil, with the characteristics specified below: Corporate name: Location of headquarters: Area of operation: 2. That they do not have any registration restrictions and enjoy an unblemished reputation and, furthermore, that they have not been nor are being held liable in a judicial action or administrative proceeding before the public authorities. 3. That it is the intention of the members listed below to hold management positions in the cooperative now being established, and that they meet the conditions established in art. 2 of Resolution 3.041, of 28 November 2002. II - CLARIFY that, under the terms of the regulations in force, any objections to this statement must be communicated directly to the Central Bank of Brazil, at the address below, within fifteen days counted from the date of publication hereof, by formal means in which the authors are duly identified, accompanied by supporting documentation, noting that the declarants may, under the terms of the legislation in force, have the right to inspect the respective process. BANCO CENTRAL DO BRASIL (Address of the component of the Department of Organization of the Financial System - Deorf to which the institution will be subject) Protocol no.: Place and date: (name, CPF and position - when applicable - of the signatories) --------------------------------------------------------------------- Annex II to Circular 3.175, of 15 January 2003 MODEL STATEMENT OF PURPOSE The undersigned, in the capacity of administrators of (name of the credit cooperative), through this instrument, I - DECLARE: 1. That the Extraordinary General Meeting of (date) resolved to amend the bylaws, with a view to transforming the institution into a credit cooperative of small business owners, microentrepreneurs and microentrepreneurs, under the terms of the regulations in force issued by the Central Bank of Brazil, with the characteristics specified below: New corporate name: Location of headquarters: Area of operation: 2. That they do not have any registration restrictions and enjoy an unblemished reputation and, furthermore, that they have not been nor are being held liable in a judicial action or administrative proceeding before the public authorities. 3. That they meet the conditions established in art.
2 of Resolution 3.041, of 28 November 2002, for the exercise of management positions. II - THEY CLARIFY that, under the regulations in force, any objections to this declaration must be communicated directly to the Banco Central do Brasil, 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, noting that the declarants may, under the legislation in force, be entitled to access the respective process. BANCO CENTRAL DO BRASIL (Address of the component of the Department of Organization of the Financial System - Deorf to which the institution is subject) Protocol No.: Place and date: (name, CPF and position of the signatories)