Circular No. 3287 — Establishes and Implements the National Financial System Client Register (CCS) at the Central Bank of Brazil

CIRCULAR NO. 003287

Establishes the constitution and implementation, at the Central Bank of Brazil, of the National Financial System Client Register - CCS.

The Collegiate Board of the Central Bank of Brazil, in a session held on July 20, 2005, based on the provisions of Articles 10, item IX, and 11, item VII, of Law No. 4,595 of December 31, 1964, Article 3 of Complementary Law No. 105 of January 10, 2001, and Article 3 of Law No. 10,701 of July 9, 2003, which added Article 10-A to Law No. 9,613 of March 3, 1998,

DECIDED:

Art. 1. To constitute and implement, at the Central Bank of Brazil, the National Financial System Client Register - CCS, intended for the registration of information related to depositors and clients of financial institutions and other institutions authorized by it to operate, as well as their legal or conventional representatives.

Sole Paragraph. Depositos and clients are considered to be natural or legal persons, resident, domiciled, or with headquarters in the country or abroad, who hold the title of deposit accounts or financial assets in the form of goods, rights, and values maintained or administered in the institutions referred to in the caput.

Art. 2. The CCS consists of an informatized system, managed by the Central Bank of Brazil, with the capacity to:

I - store the following information regarding the depositor or client, as well as their legal or conventional representatives:

a) registration number in the Individual Taxpayer Registry (CPF) or in the National Registry of Legal Entities (CNPJ);

b) CNPJ of the institution with which it maintains a relationship;

c) start dates and, if applicable, end dates of the relationship with the institution;

II - provide for the fulfillment of requests, made by legally competent authorities, for the detailed information:

a) regarding the relationship maintained between the institutions referred to in Art. 1 and its depositor, client, and respective legal or conventional representatives, if any, starting from the data related to the CPF or CNPJ;

b) regarding depositors, clients, and their respective legal or conventional representatives, starting from the set of data composed of the account number, branch code, and CNPJ of the financial institution.

§ 1. For the purposes of fulfilling the requests referred to in item II, the deposit accounts and financial assets referred to in Art. 1 must be grouped as follows:

I - Group 1: demand deposit accounts;

II - Group 2: savings deposit accounts;

III - Group 3: checking accounts for investment;

IV - Group 4: other goods, rights, and values;

V - Group 5: deposit accounts in national currency, in the country, held by a natural or legal person resident, domiciled, or with headquarters abroad.

§ 2. The detailed information referred to in item II, letter "a", must include the following information:

I - nature of the deposit account or the existence of other financial assets, according to the grouping established in § 1;

II - deposit account number and respective branch, for the assets included in groups 1, 2, 3, and 5;

III - opening date of each deposit account held by the client and, if applicable, the respective closing date;

IV - start date and, if applicable, end date of the relationship resulting from the maintenance of financial assets included in Group 4;

V - type of bond maintained with the natural or legal person, indicating whether it is a holder or legal or conventional representative;

VI - full name or corporate name of the holders and their respective legal or conventional representatives, if any;

VII - start date of the validity of the bond in the capacity of legal or conventional representative and, if applicable, the respective end date.

§ 3. The detailed information referred to in item II, letter "b", must include the following information:

I - nature of the deposit account, according to the grouping established in § 1;

II - opening dates and, if applicable, closing dates of the deposit account;

III - full name or corporate name of the holders of the deposit account and their respective legal or conventional representatives, if any;

IV - type of bond maintained with the natural or legal person, indicating whether it is a holder or legal or conventional representative;

V - start date of the validity of the bond in the capacity of legal or conventional representative and, if applicable, the respective end date.

Art. 3. The institutions referred to in Art. 1 are responsible for the accuracy and timeliness in providing data to the CCS, for its daily update, and for fulfilling requests for the detailed information referred to in Art. 2, item II.

§ 1. The Department of Information Technology (Deinf), the Department of Indirect Supervision and Information Management (Desig), the Department of Control of Management and Planning of Supervision (Decop), and the Department of Combating Financial Illicit Activities and Supervision of Foreign Exchange and International Capital Markets (Decic) will publish the technical parameters necessary for the provision of data and for the fulfillment of requests for detailed information.

§ 2. Institutions must maintain a data base to fulfill requests for detailed information for a period of 10 (ten) years after the date of the end of the relationship with their depositors and clients, without prejudice to the conservation of such data for the purposes of complying with other legal and regulatory provisions.

Art. 4. For commercial banks, multiple banks, investment banks, and Caixa Econômica Federal, the implementation of the CCS will occur according to the following schedule:

I - July 25, 2005: provision of the information referred to in Art. 2, item I;

II - by September 30, 2005: fulfillment of requests for detailed information referred to in Art. 2, item II;

III - by October 31, 2005: provision of the information referred to in Art. 2, item I, regarding legal or conventional representatives with mandates in effect on July 25, 2005;

IV - by November 30, 2005: provision of the data referred to in Art. 2, item I, regarding the relationship maintained with depositors and clients, as well as their legal or conventional representatives, if any, referring to the period from January 1, 2003, to July 25, 2005;

V - by February 15, 2006: provision of the data referred to in Art. 2, item I, regarding the relationship maintained with depositors and clients, as well as their legal or conventional representatives, if any, referring to the period from January 1, 2001, to December 31, 2002.

Art. 5. For financial institutions not mentioned in Art. 4 and other institutions authorized to operate by the Central Bank of Brazil, the implementation of the CCS will occur on a date to be fixed in the future.

Art. 6. The institutions referred to in Art. 1 must designate a director responsible for compliance with the provisions of this circular.

§ 1. For the purposes of the responsibility referred to in the caput, it is admitted that the indicated director performs other functions in the institution, except those related to the administration of third-party resources.

§ 2. The indicated director must be registered directly in the Information System on Entities of Interest of the Central Bank - Unicad, by August 25, 2005, for the institutions referred to in Art. 4.

Art. 7. The institutions referred to in Art. 1 that do not maintain deposit accounts and do not relate with clients in the manner of the sole paragraph of that article are exempt from providing data and fulfilling requests for detailed information referred to in Art. 2.

Sole Paragraph. The exemption referred to in the caput is conditioned on the forwarding, to the Central Bank of Brazil, of a term of responsibility, signed by a director of the institution, attesting to the non-existence of deposit accounts and relationships with clients that result in the title of financial assets in the form of goods, rights, and values maintained or administered in the institution, in the terms to be determined in the future.

Art. 8. Non-compliance with the rules regarding the provision, update of data, and fulfillment of requests for detailed information of the CCS subjects the offenders to the provisions of Resolution 2,901 of October 31, 2001, and Article 44 of Law No. 4,595 of December 31, 1964.

Art. 9. This circular enters into force on the date of its publication.

Brasília, July 21, 2005.

Paulo Sérgio Cavalheiro Sérgio Darcy da Silva Alves Director Director

João Antônio Fleury Teixeira
Director

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Note: retransmitted to include corrections of items I-"c" and II-"b" of Art. 2.