Circular No. 3398 — Establishes Procedures for Remitting Information Regarding the Calculation of Regulatory Minimum Limits and Standards

CIRCULAR NO. 003398

Establishes procedures for the remittance of information regarding the calculation of regulatory minimum limits and standards that it specifies.

The Collegiate Board of the Central Bank of Brazil, in a session held on July 22, 2008, based on the provisions of Article 10, item IX, with the renumbering given by Law No. 7,730, of January 31, 1989, and Article 11, item VII, of Law No. 4,595, of December 31, 1964, and Article 33 of Law No. 8,177, of March 1, 1991, and having in view the provisions of Resolutions No. 1,133, of May 15, 1986, No. 2,099, of August 17, 1994, No. 2,283, of June 5, 1996, No. 2,827, of March 30, 2001, No. 2,828, of March 30, 2001, No. 2,844, of June 29, 2001, No. 3,334, of December 22, 2005, No. 3,426, of December 21, 2006, No. 3,442, of February 28, 2007, No. 3,444, of February 28, 2007, No. 3,488, of August 29, 2007, No. 3,490, of August 29, 2007, and Circular No. 2,861, of February 10, 1999,

DECIDED:

Art. 1. Information corresponding to the following limits and minimum standards must be forwarded to the Department of Financial System Monitoring and Information Management (Desig), in the format to be defined by it, by the institutions subject to them:

I - Reference Equity (PR), defined by Resolution No. 3,444, of February 28, 2007;

II - Required Reference Equity (PRE), as provided for in Resolution No. 3,490, of August 29, 2007, and complementary regulation;

III - total exposure in gold, foreign currency, and operations subject to exchange rate variation, as provided for in Resolution No. 3,488, of August 29, 2007;

IV - application of resources in Permanent Assets, as provided for in Resolutions No. 2,283, of June 5, 1996, with the alteration introduced by Resolution No. 2,669, of November 25, 1999, No. 2,723, of May 31, 2000, with the wording given by Resolution No. 2,743, of 2000, and No. 3,426, of December 21, 2006;

V - paid-in capital and net equity, as provided for in Regulation annex II to Resolution No. 2,099, of August 17, 1994, with the alterations introduced by Resolutions No. 2,607, of May 27, 1999, and No. 2,678, of December 21, 1999, as well as Resolutions No. 2,723, of 2000, with the wording given by No. 2,743, of 2000, No. 3,426, of 2006, No. 2,828, of March 30, 2001, No. 3,442, of February 28, 2007, and No. 3,567, of May 29, 2008;

VI - credit operations with entities of the public sector, as provided for in Resolution No. 2,827, of March 30, 2001, and complementary regulation;

VII - exposure per client and the sum of concentrated exposures, as provided for in Resolutions No. 2,844, of June 29, 2001, and No. 3,426, of 2006;

VIII - exposure per client, as provided for in Resolution No. 3,442, of 2007;

IX - indebtedness and exposure per client, as provided for in Resolution No. 3,567, of 2008;

X - committed operations, as provided for in Resolution No. 3,339, of January 26, 2006;

XI - liquidity fund, as provided for in Resolution No. 2,828, of 2001;

XII - purchase of securities and lending of securities for sale, as provided for in Resolution No. 1,133, of May 15, 1986;

XIII - minimum standards of paid-in capital and adjusted net equity and leverage limit, as provided for in Circular No. 2,861, of February 10, 1999, with the wording given by Circular No. 3,261, of October 28, 2004.

Art. 2. The information referred to in Article 1 must have as the base date the last day of each month, observing the following deadlines for remittance:

I - until the 5th day of the second month following the respective base date, for the institutions responsible for information regarding financial conglomerates and for financial institutions and consortium administrators not belonging to financial conglomerates;

II - until the 20th day of the second month following the respective base date, for the institutions responsible for information regarding economic-financial consolidations, as provided for in Resolution No. 2,723, of 2000, with the wording given by Resolution No. 2,743, of 2000.

§ 1. The information must be sent to Desig whenever requested, including for base dates different from those established in this article.

§ 2. The institutions and administrators referred to in item I must observe, exceptionally, for the following base dates, the respective remittance deadlines:

I - July 31, 2008, until September 22, 2008;

II - August 29, 2008, until October 17, 2008;

III - September 30, 2008, until November 10, 2008.

§ 3. The institutions referred to in item II must observe, exceptionally, for the following base dates, the respective remittance deadlines:

I - July 31, 2008, until October 3, 2008;

II - August 29, 2008, until October 31, 2008;

III - September 30, 2008, until November 28, 2008.

Art. 3. The institutions and administrators referred to in this circular must keep at the disposal of the Central Bank of Brazil, for a period of five years, the data and methodology used for the preparation of the information sent.

Art. 4. The institutions and administrators referred to in this circular must designate, by September 15, 2008, a director responsible for the preparation and timely remittance of the information referred to in this circular.

§ 1. For the purposes of the responsibility referred to in the caput, it is admitted that the director designated by a financial institution or institution authorized to operate by the Central Bank of Brazil performs other functions in the institution, except those related to the administration of third-party resources.

§ 2. The data regarding the designated director must be recorded and kept updated in the System of Information on Entities of Interest of the Central Bank (Unicad).

Art. 5. This circular enters into force on the date of its publication.

Brasília, July 23, 2008.

Alvir Alberto Hoffmann Alexandre Antonio Tombini Director Director

--------------------------------------------------------------------- Obs: republished, on August 1, 2008, at the request of the responsible areas.