Circular No. 3030 — Identification and Registration of Check Deposit and Settlement Operations and Resource Transfer Instruments

CIRCULAR NO. 003030

Dispenses with the identification and registration of operations for check deposits and the settlement of checks deposited in another financial institution, as well as for the issuance of resource transfer instruments.

The Collegiate Board of the Central Bank of Brazil, in a session held on April 11, 2001, based on Article 11, item VI, of Law No. 4,595, of December 31, 1964, and Articles 10 and 11 of Law No. 9,613, of March 3, 1998,

D E C I D E D:

Art. 1. Establish the obligation for financial institutions to proceed with the identification and registration of operations related to the acceptance of check deposits and the settlement of checks deposited in another financial institution, observing the following:

I - in the case of check deposits:

a) the depositary institution must register, at a minimum, the data relating to the value and number of the deposited check, as well as the compensation code of the institution and the numbers of the agency and account of the drawn deposits;

b) the drawn institution must register, at a minimum, the data relating to the value and number of the check, as well as the compensation code of the institution and the numbers of the agency and account of the depositary deposits;

II - in the case of a check used in a simultaneous withdrawal and deposit operation within the same drawn institution, with a view to transferring resources from the issuer's deposit account to a third party's deposit account, the data relating to the value and number of the drawn check, as well as the numbers of the drawn and depositary agencies and the respective deposit accounts, must be registered, at a minimum.

Paragraph 1. The provisions of this article also apply to cases of acceptance of deposits of administrative checks, payment order checks, and other compensable documents of the same nature.

Paragraph 2. For the purposes of the provisions in the "caput", item I, letter "b", it is the responsibility of the depositary institution to provide the drawn institution with the data relating to its compensation code and the numbers of the agency and account of the depositary deposits.

Art. 2. Financial institutions must maintain records of the issuance of administrative checks, payment order checks, payment orders, credit documents (DOC), and other resource transfer instruments, when of a value equal to or greater than R$1,000.00 (one thousand reais), in order to identify, at a minimum:

I - the type and number of the issued document, the date of the operation, the name and registration number of the acquirer or sender in the Individual Taxpayer Registry (CPF) or the National Registry of Legal Entities (CNPJ);

II - when paid by check, the compensation code of the institution, the number of the agency and account of the drawn deposits referring to the check used for the respective payment, including in the case of a check drawn against the same issuing institution of the instruments referred to in the caput;

III - in the case of a DOC, the compensation code of the destination institution and the numbers of the agency and account of the depositary deposits;

IV - in the case of a payment order:

a) intended for credit to an account, the numbers of the destination agency and the depositary deposit account;

b) intended for cash payment: the numbers of the destination agency and the beneficiary's registration in the CPF or CNPJ.

Art. 3. In resource transfer operations carried out through DOC and payment orders intended for credit to deposit accounts, of any value, the beneficiary's registration number in the CPF or CNPJ must be identified in the respective document, with the destination financial institution and agency responsible for verifying the correspondence between this number and the depositary deposit account.

Art. 4. It is mandatory to provide the depositor with a receipt of the deposits made.

Art. 5. The identification and registration of deposits, checks, and other documents referred to in this Circular must be maintained, in the form of physical or electronic files, at the disposal of the Central Bank of Brazil, for a minimum period of five years counted from the end of the year in which the operation was carried out.

Art. 6. A deadline is established, until April 30, 2001, for financial institutions to adapt their procedures to the provisions of this Circular.

Art. 7. In the case of deposit accounts held by individuals or legal entities, funds, or other collective investment entities with residence, domicile, or headquarters abroad, in addition to the provisions of this Circular, the specific procedures established regarding the movement of these accounts in accordance with the legislation and regulations in force must be observed.

Art. 8. Compliance with the provisions of this Circular does not exempt financial institutions from fulfilling other legal and regulatory obligations regarding the custody of documents and information related to resource movements carried out through their intermediation.

Art. 9. Non-compliance with the provisions of this Circular subjects the offending institution and its administrators to the sanctions provided for in Article 44 of Law No. 4,595, of December 31, 1964.

Art. 10. This Circular enters into force on the date of its publication.

Art. 11. Circulars No. 3,012, of November 6, 2000, and No. 3,028, of February 28, 2001, are hereby revoked.

Brasília, April 12, 2001

Sérgio Darcy da Silva Alves
Director