Circular No. 3186 — Provides for contemplation in consortium groups through embedded bids and bids using resources from the FGTS linked account

CIRCULAR NO. 003186

Provides for contemplation in consortium groups through embedded bids and bids using resources from the linked account of the Employment Guarantee Fund - FGTS.

The Collegiate Board of the Central Bank of Brazil, in a session held on April 9, 2003, based on Article 33 of Law No. 8,177, of March 1, 1991,

DECIDED:

Article 1. It is established that contemplation in consortium groups through embedded bids and bids using resources from the linked account of the Employment Guarantee Fund - FGTS is admitted, provided there is contractual provision or resolution in a general assembly, observing applicable regulation.

Article 2. Embedded bids and bids using FGTS resources are defined as the offer of resources, for contemplation purposes, through the use of part of the value of the credit provided for distribution in the respective assembly.

Sole Paragraph. In any of the offer modalities referred to in the caput, the value of the winning bid must:

I - be fully deducted from the credit provided for distribution in the contemplation assembly, making available to the consortium member resources corresponding to the value of the resulting difference;

II - be destined for the reduction of future installments, composed of portions of the common fund and the linked charges provided for in the adhesion contract, examples of which are the administration fee and the reserve fund;

III - be accounted for in a specific account.

Article 3. In the offering of bids using FGTS resources, the provisions issued by the FGTS Curator Council and by Caixa Econômica Federal, in its capacity as Operator Agent of the FGTS, must be observed.

Article 4. This circular enters into force on the date of its publication.

Brasília, April 9, 2003

Sérgio Darcy da Silva Alves
Director