Circular No. 3180 — Complementary Procedures for Financial Institutions and Consortium Administrators Regarding Process Documentation

CIRCULAR NO. 003180

Dispenses with complementary procedures to be observed by financial institutions, other institutions authorized to operate by the Central Bank of Brazil, and consortium administrators, regarding the documentation of processes.

The Collegiate Board of the Central Bank of Brazil, in a session held on February 26, 2003, based on art. 10, items IX and X, of Law 4.595, of December 31, 1964, with the renumbering given by art. 19 of Law 7.730, of January 31, 1989, and having in view the provisions of Resolutions 2,099, of August 17, 1994, 3,040 and 3,041, both of November 28, 2002,

DECIDED:

Art. 1. Establish complementary procedures to be observed by financial institutions, other institutions authorized to operate by the Central Bank of Brazil, and consortium administrators for the documentation of processes relating to the matters specified in this circular.

Art. 2. The processes referred to in this circular will only be considered completely documented, including for the purpose of legal or regulatory deadlines, when, in addition to the receipt of the documentation provided for by regulation, the totality of the required information has been received by the System of Information on Entities of Interest of the Central Bank of Brazil - Unicad, established by Circular 3,165, of December 4, 2002.

Art. 3. In the documentation of processes involving the matters listed below, the institutions mentioned in art. 1 must provide Unicad, in the form of complementary instructions to Circular 3,165, of 2002, the information indicated below, among those listed in the Annex to this circular:

I - financial institutions and other institutions authorized to operate by the Central Bank of Brazil:

a) operation of a new institution, except credit cooperatives: information items 1, 2, 3, 16, 17 and 27 and, if a multiple bank, add information item 8;

b) operation of a credit cooperative: information items 1, 2, 16, 17 and 27;

c) transfer of corporate control: information item 3;

d) change of corporate object to a multiple bank: information items 7 and 8;

e) change of corporate object, except to a multiple bank: information item 13;

f) creation of an operational portfolio, by a multiple bank: information item 8;

g) change of legal type: information items 6, 16, 17 and 27;

h) spin-off or dismemberment: information item 10, incorporation: information item 11 and merger: information item 12;

i) cancellation of authorization to operate: information item 20;

j) cancellation of multiple bank portfolio: information item 9;

l) election/appointment of a member of a statutory body: information items 2 and 27;

m) change of corporate name: information item 14;

n) transfer of headquarters to another municipality: information item 15;

o) alteration of share capital: information item 18;

p) authorized capital: information item 19;

q) alteration in the structure of statutory/contractual bodies: information item 16;

r) alteration in the structure of statutory/contractual positions: information item 17;

s) hiring of a correspondent in the Country for the provision of services referred to in art. 1, items I and II, of Resolution 2,707, of March 30, 2000: information items 4 and 26;

t) installation of a branch in the Country: information item 22;

u) installation of a dependency abroad and allocation of new resources for a dependency abroad: information item 23;

v) corporate participation in a financial institution or similar, abroad: information items 5 and 28;

x) subscription of capital increase or increase of the relative position in the capital of financial institutions or similar abroad: information item 28;

z) authorization to operate in foreign exchange in the free rate market: information item 24 and cancellation of authorization to operate in foreign exchange in the free rate market: information item 25;

II - consortium administrators:

a) authorization to administer a consortium group: information items 1, 2, 3, 16, 17 and 27;

b) cancellation of authorization to administer a consortium group: information item 21;

c) transfer of corporate control: information item 3;

d) spin-off: information item 10, incorporation: information item 11 and merger: information item 12;

e) election or appointment of administrators: information items 2 and 27;

f) change of corporate name: information item 14;

g) transfer of headquarters to another municipality: information item 15;

h) increase or reduction of capital: information item 18;

i) alteration in the structure of administrative positions: information items 16 and/or 17.

Sole Paragraph. The information that makes up Unicad that may undergo alterations as a result of the records made must also be updated.

Art. 4. In the documentation of the processes referred to in this circular, the following documents provided for in the current regulation are exempted from submission:

I - document "Capef - Registration Form - Personal Data", contained in Cadoc as model 38027-0; and

II - document "Capef - Information on Acts of Election/Appointment", contained in Cadoc as model 38006-7.

Art. 5. The procedures provided for in this circular regarding the sending of information to Unicad apply to federal public financial institutions, even in cases of matters whose corporate acts, because they are federal public institutions, do not require approval by the Central Bank of Brazil.

Art. 6. This circular enters into force on the date of its publication, producing effects from February 28, 2003.

Brasilia, February 26, 2003

Sergio Darcy da Silva Alves
Director

Annex to Circular 3,180, of February 26, 2003
Information to be registered in Unicad

1 - basic data of the supervised entity;

2 - basic data of the Natural Persons elected for statutory positions;

3 - basic data of the Natural or Legal Persons direct or indirect shareholders/participants of the institution, as well as of any usufructuaries;

4 - basic data of the Legal Person hired as a correspondent;

5 - basic data of the Legal Person participated in abroad;

6 - data on change of legal type;

7 - data on change of corporate object to a multiple bank;

8 - data on creation of an operational portfolio by a multiple bank;

9 - data on cancellation of an operational portfolio by a multiple bank;

10 - data on spin-off of a supervised entity;

11 - data on incorporation involving a supervised entity;

12 - data on merger involving a supervised entity;

13 - data on change of corporate object to other objects;

14 - data on alteration of the name of the supervised entity;

15 - data on transfer of headquarters to another municipality;

16 - data on statutory bodies;

17 - data on statutory positions;

18 - data on alteration of share capital;

19 - data on authorized capital;

20 - data on cancellation of authorization to operate;

21 - data on cancellation of authorization to administer consortium groups;

22 - data on request for opening of a branch in the Country;

23 - data on request for installation of a dependency abroad;

24 - data on request to operate in foreign exchange in the free rate market;

25 - data on cancellation of authorization to operate in foreign exchange in the free rate market;

26 - data on request for authorization to hire correspondents in the Country;

27 - data on election/appointment of members of statutory bodies;

28 - data on request for authorization for participation abroad.