Circular No. 3710 — Amends Articles 3 and 4 of Circular No. 3,115 of April 18, 2002, Regarding Available Electronic Transfer (TED)

The Collegiate Board of the Central Bank of Brazil, in a session held on July 17, 2014, considering the provisions of Law No. 10,214 of March 27, 2001, and Article 11 of Resolution No. 2,882 of August 30, 2001,

R E S O L V E S:

Article 1. Articles 3 and 4 of Circular No. 3,115 of April 18, 2002, shall enter into force with the following amendments:

“Article 3. ...

§ 1. The institutions mentioned in the caput must observe the compatibility of the emission of the fund transfer subject to the TED with the business covered by the operating authorization granted to them by the Central Bank of Brazil, respecting, furthermore, any restrictions inherent to their line of activity.

§ 2. As the recipient of the TED, the institutions referred to in the caput are obliged to process the order, observing the credit period to the beneficiary established in Article 2 of Circular No. 3,335 of December 14, 2006, provided that:

I - the beneficiary is identified according to requirements established, for each case, in Article 4 of this Circular; and

II - the fund transfer is compatible with the business covered by the operating authorization granted to them by the Central Bank of Brazil.

§ 3. The obligation referred to in § 2 does not include:

I - the fund transfer carried out with the purpose of deposit in savings, in which situation the recipient institution may, at its exclusive discretion, reverse the fund transfer; and

II - the fund transfer framed in the situations provided for in Article 2, sole paragraph, or in Article 4 of Circular No. 3,335 of 2006.

§ 4. Starting from May 11, 2015, the reversal of the fund transfer, in the manner of item I of § 3 and in cases of non-compliance with the provisions of items I and II of § 2, must be carried out within 60 (sixty) minutes after the corresponding interbank settlement, observing the operating schedule of the respective fund transfer settlement system.” (NR)

“Article 4. In the emission of a TED, the following must be provided, obligatorily:

I - identification code of the issuing institution in the fund transfer settlement system;

II - identification code of the receiving institution in the fund transfer settlement system;

III - value of the transfer, in national currency;

IV - date of emission; and

V - data that allow the identification of the purpose of the transfer.

Sole paragraph. In the emission of a TED on behalf of third parties or for a client, the following must be provided, additionally, whenever applicable:

I - registration number of the issuing client in the Individual Taxpayer Registry (CPF) or in the National Registry of Legal Entities (CNPJ) of the Brazilian Federal Revenue;

II - name of the issuing client, consistent with the CPF or the CNPJ;

III - identification of the receiving agency;

IV - identification of the checking account of the receiving client, if the client is a customer of the receiving institution;

V - registration number of the receiving client in the CPF or the CNPJ; and

VI - name of the receiving client consistent with the CPF or the CNPJ.” (NR)

Article 2. This Circular enters into force on the date of its publication.

Article 3. Carta Circular No. 3,569 of October 26, 2012, and Circular No. 3,122 of April 23, 2002, are revoked.

Aldo Luiz Mendes
Director of Monetary Policy