Circular No. 3347 — Establishes the National Financial System Customer Register (CCS) at the Central Bank of Brazil

CIRCULAR NO. 003347

Establishes the creation, at the Central Bank of Brazil, of the National Financial System Customer Register (CCS).

The Collegiate Board of the Central Bank of Brazil, in a session held on April 11, 2007, based on the provisions of Articles 10, item IX, and 11, item VII, of Law No. 4.595 of December 31, 1964, Article 33 of Law No. 8.177 of March 1, 1991, Article 3 of Complementary Law No. 105 of January 10, 2001, and Article 10-A of Law No. 9.613 of March 3, 1998, included by Article 3 of Law No. 10.701 of July 9, 2003,

DECIDED:

Art. 1. To establish, at the Central Bank of Brazil, the National Financial System Customer Register (CCS), intended for the registration of information relating to depositors and clients of financial institutions, other institutions authorized to operate by it, and consortium administrators, as well as their legal or conventional representatives.

Sole Paragraph. Depositors and clients are considered to be natural or legal persons, resident, domiciled, or headquartered in the country or abroad, who hold the title to 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 about depositors or clients, as well as their legal or conventional representatives:

a) registration number in the Natural Persons Register (CPF) or in the National Register 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 processing of requests, made by legally competent authorities, for detailed information on:

a) the relationship maintained between the institutions referred to in Article 1 and their depositors, clients, and respective legal or conventional representatives, if any, starting from data related to the CPF or CNPJ;

b) depositors, clients, and 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 processing the requests referred to in item II, the deposit accounts and financial assets referred to in Article 1 must be grouped as follows:

I - Group 1: demand deposit accounts;

II - Group 2: savings deposit accounts;

III - Group 3: investment deposit checking accounts;

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 headquartered 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 assets included in groups 1, 2, 3, and 5;

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

IV - start date and, when 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, legal representative, or conventional representative;

VI - full name or corporate name of the holders and of 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, when 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 - dates of opening and, when applicable, closure of the deposit account;

III - full name or corporate name of the holders of the deposit account and of 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, legal representative, or conventional representative;

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

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

Sole Paragraph. Institutions must maintain a database to respond to 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 its conservation for the purposes of complying with other legal and regulatory provisions.

Art. 4. The institutions referred to in Article 1 must send to the Central Bank of Brazil the information mentioned in Article 2, relating to a specific base date, by 8 (eight) o'clock on the corresponding transaction date.

§ 1. For the purposes of this circular:

I - base date is the date on which the event subject to the information to be provided occurs, corresponding:

a) to the dates of its start and end, in the case of information on relationships referred to in Article 2, item I;

b) to the date of its execution, in the case of requests for detailed information referred to in Article 2, item II;

II - transaction date is the deadline for sending information to the Central Bank of Brazil, corresponding:

a) to the second business day following the base date, in the case of information on relationships referred to in Article 2, item I;

b) to the subsequent business day after the request, in the case of requests for detailed information referred to in Article 2, item II.

§ 2. The institutions referred to in Article 1, which do not relate to depositors and clients in the manner of the sole paragraph of that article, may be exempted from sending the information referred to in Article 2, provided that this fact is communicated in the manner provided for in Article 5, item I, letter "a".

§ 3. Financial institutions that constitute a financial conglomerate may establish a grouping of institutions to send the information referred to in Article 2 through one of its members, which will be responsible for observing the deadlines and conditions stipulated in this circular, without excluding the eventual application of penalties, by virtue of Article 8, to the institutions members of the financial conglomerate responsible for the practice of the administrative offense.

Art. 5. The institutions referred to in Article 1 must communicate to the Central Bank of Brazil:

I - with a minimum advance notice of 10 (ten) business days:

a) its status as exempt from providing information, as provided for in Article 4, § 2, as well as its return to the status of being obliged to provide such information;

b) its status as a member of a grouping of institutions, as provided for in Article 4, § 3, as well as its return to the status of non-member;

c) its status as responsible for sending information, on behalf of each institution member of the grouping formed in accordance with the provisions of Article 4, § 3, as well as the extinction of this responsibility;

d) its choice of the transmission medium to be used in the sending of messages, as well as the alteration of the previously exercised choice;

II - with a minimum advance notice of 30 (thirty) business days, its status as relieved from providing information, due to any modality or legal or regulatory process of transformation, change of control, or corporate reorganization.

Sole Paragraph. In the sending of the information mentioned in Article 2 and in the communications referred to in this article, the parameters and other operational conditions established in specific regulations, published by the Information Technology Department (Deinf) and the Indirect Supervision and Information Management Department (Desig), jointly or separately, must be observed.

Art. 6. For the information referred to in Article 2 and for the communications referred to in Article 5, the following documents must be used, with the coding of the Document Catalog (Cadoc) presented in the annex to this circular:

I - 5200 - Basic Data of Depositors or Clients - for the information referred to in Article 2, item I;

II - 5201 - Detailed Data of Depositors or Clients - for the information referred to in Article 2, item II;

III - 5202 - Operational Data for Providing Information to the National Financial System Customer Register (CCS) - for the communications referred to in Article 5.

Art. 7. The institutions referred to in Article 1 must designate a director responsible for compliance with this circular.

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

Art. 8. The non-provision or incorrect provision of the information required by the Central Bank of Brazil, within the deadlines and conditions established in this circular, subjects:

I - financial institutions and other institutions authorized to operate by the Central Bank of Brazil, as well as entities accredited to operate in foreign exchange, to the provisions of Resolution 2.901 of October 31, 2001;

II - consortium administrators, to the penalties provided for in Article 16 of Law No. 5.768 of December 20, 1971, applicable according to the criteria referred to in Article 12 of Circular 2.381 of November 18, 1993.

Art. 9. Starting from the base date of June 1, 2007, commercial banks, multiple banks, investment banks, and savings banks will observe the provisions established in this circular.

§ 1. The institutions referred to in the caput must:

I - include in the CCS the information referred to in Article 2, item I, starting from the base date corresponding to their registration in Unicad as "authorized in activity" or from the base date of January 1, 2001, whichever is more recent;

II - respond to requests for detailed information, referred to in Article 2, item II, based on relationships:

a) in effect on the base date of July 25, 2005; or

b) initiated from the base date corresponding to the registration mentioned in the previous item or from the base date of July 25, 2005, whichever is more recent.

§ 2. The information referred to in § 1, item I:

I - must be included by the transaction date of June 4, 2007, in the case of relationships in effect on the base date of January 1, 2001 or with a base date occurring between January 1, 2001, and May 31, 2007;

II - may be subject to alteration:

a) until the transaction date of August 1, 2007, in the case of relationships with a base date occurring between July 25, 2005, and May 31, 2007;

b) until the transaction date of November 1, 2007, in the case of relationships in effect on the base date of January 1, 2001 or with a base date occurring between January 1, 2001, and July 24, 2005.

Art. 10. For the institutions referred to in Article 9, the director designated in the manner of Article 7 must be registered directly in the Information System on Entities of Interest of the Central Bank (Unicad), by June 15, 2007.

Art. 11. The sending of the information and communications referred to in this circular, by institutions not mentioned in Article 9, must be carried out according to parameters for inclusion and sending of documents, schedule, and technical-operational conditions established in specific regulations, published in the manner provided for in the sole paragraph of Article 5.

Art. 12. This circular enters into force on June 1, 2007.

Art. 13. Circulares 3.287 of July 21, 2005, and 3.301 of December 8, 2005, are hereby repealed.

Brasília, April 11, 2007.

Paulo Sergio Cavalheiro
Director

Annex to Circular 3.347, of April 11, 2007

Document Catalog Coding - Cadoc
Documents 5200, 5201, and 5202

I - Document 5200 - Basic Data of Depositors or Clients:

a) 05.1.0.002-2, for Development or Promotion Agencies;

b) 12.1.0.002-2, for Savings and Loan Associations;

c) 20.1.0.305-9, for Commercial Banks;

d) 22.1.0.002-9, for Development Banks;

e) 24.1.0.403-0, for Investment Banks;

f) 26.1.0.403-8, for Multiple Banks;

g) 28.0.0.002-0, for the National Bank for Economic and Social Development;

h) 38.0.0.405-4, for the Federal Savings Bank;

i) 39.1.0.001-2, for Mortgage Companies;

j) 43.1.0.001-5, for Central Credit Cooperatives;

l) 44.1.0.002-1, for Credit Cooperatives;

m) 45.1.0.001-3, for Credit Cooperative Confederations;

n) 59.1.0.001-6, for Consortium Administrator Companies;

o) 77.1.0.011-5, for Leasing Companies;

p) 79.1.0.002-7, for Securities and Currency Brokerage Companies;

q) 81.1.0.002-2, for Credit, Financing, and Investment Companies;

r) 83.1.0.002-0, for Real Estate Credit Companies;

s) 84.1.0.001-2, for Microentrepreneur Credit Companies;

t) 85.1.0.002-8, for Securities and Currency Distribution Companies;

II - Document 5201 - Detailed Data of Depositors or Clients:

a) 05.1.9.048-9, for Development or Promotion Agencies;

b) 12.1.9.156-7, for Savings and Loan Associations;

c) 20.1.9.810-5, for Commercial Banks;

d) 22.1.9.820-6, for Development Banks;

e) 24.1.9.810-1, for Investment Banks;

f) 26.1.9.820-2, for Multiple Banks;

g) 28.0.9.635-7, for the National Bank for Economic and Social Development;

h) 38.0.9.810-1, for the Federal Savings Bank.

i) 39.1.9.108-3, for Mortgage Companies;

j) 43.1.9.009-4, for Central Credit Cooperatives;

l) 44.1.9.141-8, for Credit Cooperatives;

m) 45.1.9.001-6, for Credit Cooperative Confederations;

n) 59.1.9.477-8, for Consortium Administrator Companies;

o) 77.1.9.760-9, for Leasing Companies;

p) 79.1.9.759-7, for Securities and Currency Brokerage Companies;

q) 81.1.9.809-6, for Credit, Financing, and Investment Companies;

r) 83.1.9.804-9, for Real Estate Credit Companies;

s) 84.1.9.037-6, for Microentrepreneur Credit Companies;

t) 85.1.9.759-8, for Securities and Currency Distribution Companies.

III - Document 5202 - Operational Data for Providing Information to the National Financial System Customer Register (CCS):

a) 05.1.9.049-6, for Development or Promotion Agencies;

b) 12.1.9.157-4, for Savings and Loan Associations;

c) 20.1.9.811-2, for Commercial Banks;

d) 22.1.9.821-3, for Development Banks;

e) 24.1.9.811-8, for Investment Banks;

f) 26.1.9.821-9, for Multiple Banks;

g) 28.0.9.636-4, for the National Bank for Economic and Social Development;

h) 38.0.9.811-8, for the Federal Savings Bank;

i) 39.1.9.109-0, for Mortgage Companies;

j) 43.1.9.010-4, for Central Credit Cooperatives;

l) 44.1.9.142-0, for Credit Cooperatives;

m) 45.1.9.002-3, for Credit Cooperative Confederations;

n) 59.1.9.478-5, for Consortium Administrator Companies;

o) 77.1.9.761-6, for Leasing Companies;

p) 79.1.9.760-7, for Securities and Currency Brokerage Companies;

q) 81.1.9.810-6, for Credit, Financing, and Investment Companies;

r) 83.1.9.809-4, for Real Estate Credit Companies;

s) 84.1.9.038-3, for Microentrepreneur Credit Companies;

t) 85.1.9.760-8, for Securities and Currency Distribution Companies.