Rule · BCB · 13 Feb 2019 · Circular 3929
Associated institutions must submit monthly contribution data by the 18th and pay amounts by the first business day of the following month. The FGC communicates totals by the 26th of the preceding month. This rule replaces Circulars 3,666 and 3,611, effective 1 January 2020. Late payments incur a 2% penalty plus Selic interest. Institutions must retain calculation statements for five years. Non-compliant institutions face sanctions and automatic prior-month assessments.
The Collegiate Board of the Central Bank of Brazil, in a session held on 13 February 2019, based on art. 9 of Law No. 4,595, of 31 December 1964, and considering the provisions of Resolution No. 4,222, of 23 May 2013,
RESOLVES:
This Circular provides for the determination of the calculation base and the collection of ordinary, special and additional contributions of institutions associated with the Credit Guarantee Fund (FGC), as addressed in Resolution No. 4,222, of 23 May 2013.
The amounts of ordinary and special contributions must be calculated based on the balances, on the last day of each month, of the accounts and instruments corresponding to the obligations subject to guarantee, recorded by the institutions associated with the FGC in the titles and subtitles of the Accounting Plan of Institutions of the National Financial System (Cosif) published in Annexes I and II.
The amounts of additional contributions must be calculated based on the trial balances of the institutions associated with the FGC, the information referred to in Circular No. 3,915, of 17 October 2018, and the balances, on the last day of each month, of the accounts and instruments corresponding to the collections of the associated institutions recorded in the titles and subtitles of the Cosif contained in Annex III, observing the calculation method provided in Article 4.
For the purpose of calculating the additional contribution, the following are considered:
Paragraph 1 – The PLA value used in the calculation of the additional contribution shall correspond to the arithmetic average of the PLA over the last 12 months or over the number of months available, if fewer than 12.
Paragraph 2 – The FGC’s exposure to the instruments subject to ordinary guarantee shall be the sum of the balance of the “Any holder” line with the coverage limits determined for the “Individual holder” and “Legal entity holder with FGC guarantee” lines, as defined in Table II of the annex to Circular No. 3,915, of 2018.
Paragraph 3 – The coverage limit is the sum of the balances relating to value ranges 1 to 14 of Table III of the annex to Circular No. 3,915, of 2018, added to the product of the ordinary guarantee limit by the sum of the number of clients in ranges 15 to 27 of the same table.
Paragraph 4 – The balances of sight deposits, savings deposits and non‑check‑movable deposits are the balances pertaining to the corresponding lines of these instruments, listed in Table I of the annex to Circular No. 3,915, of 2018.
Paragraph 5 – The VR and the CR shall be determined based on the data of the month immediately preceding the month of the additional contribution calculation.
Associated institutions must send to the FGC, by the 18th day of each month, in the form and under the conditions disclosed by the FGC, the information necessary for the calculation of ordinary, special and additional contributions related to the PLA and the VR and the values corresponding to the sum of the respective balances on the last day of each month of the titles and subtitles of the Cosif that serve as the calculation base of the contributions due for the immediately preceding month.
Paragraph 1 – In the absence of the information provided for in the main clause, the amount of contributions due shall be the same amount determined and collected by the FGC in the immediately preceding month, without prejudice to the possible imposition of sanctions.
Paragraph 2 – When the missing information referred to in Paragraph 1 is regularized, the amount of the complement or refund of the contribution for the month of occurrence must be updated based on the Selic rate.
Paragraph 3 – The statements of the calculations performed for the purposes of this Circular must remain available to the Central Bank of Brazil and to the FGC for a period of five years.
The collection of ordinary, special and additional contributions by the institutions associated with the FGC must be made at a financial institution accredited by the Fund by the first business day of the month following the receipt of the information regarding the total contribution amount due as determined by the FGC.
Single Paragraph – The total contribution amount due must be communicated by the accredited institution to the institutions associated with the FGC by the 26th day of the month preceding the collection date.
Late payment of the contributions due subjects the responsible associated institution to a penalty of 2 % on the respective amount, plus Selic‑based updating, in accordance with Article 6, item III, combined with Article 2‑A, paragraph 5 of Resolution No. 4,222, of 2013.
Single Paragraph – The financial institution accredited by the FGC referred to in Article 6 shall adopt the measures related to the determination and collection, to the Fund, of the amount corresponding to the penalty and the accrued amounts mentioned in this article, observing the conditions established by it.
The collection of contributions, the complementary collection provided for in Paragraph 2 of Article 5 and the collection of the penalty provided for in Article 7 must be processed within the Brazilian Payments System (SPB), through the Reserve Transfer System (STR).
Single Paragraph – The accredited financial institution referred to in Article 6 is authorized to adopt the necessary procedures to comply with the provisions of this article.
The following are revoked:
This Circular enters into force on 1 January 2020.
Sidnei Corrêa Marques
Director of Organization of the Financial System and Resolution Deputy Director of Supervision
Titles and subtitles of the Accounting Plan of Institutions of the National Financial System (Cosif) used as the calculation base for ordinary contributions to the Credit Guarantee Fund (FGC).
Titles and subtitles of the Accounting Plan of Institutions of the National Financial System (Cosif) used as the calculation base for special contributions to the Credit Guarantee Fund (FGC).
Titles and subtitles of the Accounting Plan of Institutions of the National Financial System (Cosif) used as the calculation base for Reference Collections (CR) for the calculation of additional contributions to the Credit Guarantee Fund (FGC).
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“III - Circular No. 3,929, of February 13, 2019;”
“2. Circular Letter No. 3,611, 2 September 2013.”
“The following are revoked: 1. Circular No. 3,666, 30 August 2013”
“The Circular No. 3,929 of February 13, 2019, shall enter into force with the following alterations”
“considering the provisions of Resolution No. 4,222, of 23 May 2013”
“based on art. 9 of Law No. 4,595, of 31 December 1964”
“information referred to in Circular No. 3,915, of 17 October 2018”
Amended 2 times · last 2021-06-07
This document supersedes: Circular Letter No. 3611 — Discloses the titles and subtitles of the National Financial System Institutions Accounting Plan (Cosif) used as the basis for calculating ordinary and special contributions to the Credit Guarantee Fund (FGC), Circular No. 3666 — Amends and consolidates the rules relating to the calculation of the tax base and the collection of contributions of institutions associated with the Credit Guarantee Fund (FGC)
3 deadlines changed · 1 change of who is bound
5 obligations are the same in both texts.
“Not carried over” means the sentence has no counterpart in this text; the rule can still be in force in another text.
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