Circular No. 3656 — Amends Circular No. 3,598 of June 6, 2012, which establishes the payment slip and its species, and provides for its issuance and presentation and the settlement system for fund transfers associated with them

The Collegiate Board of the Central Bank of Brazil, in a session held on March 26, 2013, based on Arts. 9 and 11, item VI, of Law No. 4,595 of December 31, 1964, Art. 10 of Law No. 10,214 of March 27, 2001, Arts. 3, item VII, 4 and 11 of Resolution No. 2,882 of August 30, 2001, and Resolution No. 3,380 of June 29, 2006,

R E S O L V E:

Art. 1º Articles 1 to 6 and 8 of Circular No. 3,598 of June 6, 2012, shall enter into force with the following alterations:

“Art. 1º ......

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II - the offer of products and services, the proposal for a civil contract or the invitation to associate, previously brought to the knowledge of the payer, in such a manner as to constitute, by its payment, the corresponding obligation.

Sole Paragraph. For the purposes of this Circular, the following are considered:

I - beneficiary: the creditor of the debt in collection referred to in item I and the final recipient of the funds referred to in item II, both of this article;

II - payer: the debtor of the debt in collection referred to in item I and the acceptor of the obligation referred to in item II, both of this article;

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“Art. 2º ......

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II - proposal slip: used to enable payment resulting from the eventual acceptance of an offer of products and services, a proposal for a civil contract or an invitation to associate.

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“Art. 3º ......

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§ 4º The institutions referred to in the caput may pay the slips in which they appear as payers directly to the recipient institutions, in accordance with the provisions of Art. 7 of this Circular.” (NR)

“Art. 4º ......

§ 1º The issuance and presentation of the proposal slip are conditioned on the prior manifestation, by the payer, of their will to receive that slip.

§ 2º The payment slip must contain, at a minimum, the following information:

I - the name of the payer;

II - the identification of the recipient financial institution;

III - the name, address and registration number in the Individual Taxpayer Registry (CPF) or the National Registry of Legal Entities (CNPJ) of the beneficiary;

IV - the payment amount and the due date;

V - the discount conditions that may be provided for in the underlying obligation in the event of early payment.

§ 3º The financial institution must obtain prior consent from the payer for the adoption of a system for presenting payment slips electronically.

§ 4º The model referred to in the caput, as well as rules and standards for the electronic presentation of the instrument, shall be agreed upon between financial institutions in the manner provided for in Art. 5 of this Circular.

§ 5º The proposal slip model must have a layout and wording that ensures the payer can identify, clearly, accurately and objectively, that:

I - the slip refers to the offer of a product or service, a proposal for a civil contract or an invitation to associate, previously presented to the payer;

II - the payment of the slip is optional and that non-payment will not cause protests, judicial or extrajudicial collections or the inclusion of the payer’s name in credit restriction registries;

III - the payer has the right to obtain, prior to the payment of the slip, all information related to the offered product or service and the content of the contract that governs the rights and obligations between the payer and the beneficiary;

IV - the payment of the slip signifies the acceptance of the corresponding obligation, and the due date signifies, for all legal purposes, the final term of the period for its acceptance.” (NR)

“Art. 5º ......

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§ 4º ......

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III - in the case of proposal slips, text with an explicit mention of the information referred to in § 5 of Art. 4 of this Circular shall be added in a free field of the slip.” (NR)

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Sole Paragraph. The contract referred to in item I, when it allows for the issuance of proposal slips, must contain a clause governing the obligation of the beneficiary to obtain the prior manifestation referred to in § 1 of Art. 4.” (NR)

“Art. 8º The settlement of differences between the recipient and receiving institutions, as well as the return of funds from the recipient institution to the receiving institution, must be carried out through the system used in the settlement of the original interbank obligation, observing the procedures and hours defined in the regulation of the clearing and settlement system through which the credit transfer was settled.

§ 1º The convention referred to in Art. 5 shall indicate the situations in which the detection of the problem motivating the return or settlement of difference is subject to automation, in which case both the settlement of differences and the returns shall be carried out by the next business day following the corresponding settlement.

§ 2º The convention referred to in Art. 5 shall govern the procedures and deadlines for carrying out the settlement of differences and returns in situations not covered in § 1.

§ 3º The transfers referred to in the caput of this article, when carried out through the STR, shall occur by 12:00, using a specific message from the Catalog of Messages and Files of the RSFN.” (NR)

Art. 2º The period referred to in § 2 of Art. 5 of Circular No. 3,598 of 2012 shall be 30 (thirty) calendar days counted from the date of publication of this Circular.

Art. 3º Articles 11 and 12 of Circular No. 3,598 of 2012 shall enter into force with the following wording:

“Art. 11. Articles 1 to 6 and 10 of this Circular enter into force on the date of their publication, and Articles 7 to 9 shall enter into force on June 28, 2013.” (NR)

“Art. 12. Articles 1 and 2 of Circular No. 3,255 of August 31, 2004, are revoked on the date of entry into force of this Circular, and Articles 3 to 14 of Circular No. 3,255 of 2004 are revoked on June 28, 2013.” (NR)

Art. 4º This Circular enters into force on the date of its publication.

Aldo Luiz Mendes
Director of Monetary Policy