CMN Resolution No. 1764 - Federal Deregulation Program - Decree No. 99.179, of 03.15.90 - Authorizes the celebration of agreements for the provision of services and lists financial institutions that can act as fiduciary agents for mortgage-backed loans

RESOLUTION NO. 001764

  FEDERAL DEREGULATION PROGRAM - DECREE NO. 99.179, OF 03.15.90 - AUTHORIZES THE CELEBRATION OF AGREEMENTS FOR THE PROVISION OF SERVICES AND LISTS THE FINANCIAL INSTITUTIONS THAT MAY ACT AS FIDUCIARY AGENTS FOR MORTGAGE-BACKED LOANS, AS PROVIDED FOR IN DECREE-LAW NO. 70, OF 11.21.66.

THE CENTRAL BANK OF BRAZIL, IN THE FORM OF ART. 9 OF LAW NO. 4.595, OF 12.31.64, MAKES PUBLIC THAT THE NATIONAL MONETARY COUNCIL, IN A SESSION HELD ON 10.31.90, IN VIEW OF THE PROVISIONS OF ARTS. 3, ITEM V, AND 4, ITEMS VI AND VIII, OF THE AFOREMENTIONED LAW AND IN ART. 30, ITEM II, OF DECREE-LAW NO. 70, OF 11.21.66,

R E S O L V E D:

ART. 1. TO ESTABLISH THAT COMMERCIAL BANKS, SAVINGS BANKS AND MULTIPLE BANKS WITH A COMMERCIAL PORTFOLIO ARE AUTOMATICALLY AUTHORIZED TO ENTER INTO AGREEMENTS FOR:

I - RECEIPT OF TAXES, FGTS, SINPAS, PIS, INSURANCE PREMIUMS AND WATER, ELECTRICITY, GAS AND TELEPHONE BILLS;

II - PAYMENT FOR FGTS, SINPAS, PIS AND INSURED IN GENERAL;

III - PROVISION OF SERVICES TO OTHER FINANCIAL INSTITUTIONS AND TO COMPANIES WITH COMPLEMENTARY OR SUBSIDIARY ACTIVITIES, INCLUDING TOURISM, CREDIT CARD, ASSET MANAGEMENT, DATA PROCESSING AND GENERAL WAREHOUSES;

IV - PROVISION OF OTHER SERVICES, WHEN LINKED TO PUBLIC INTEREST COLLECTION AND PAYMENT.

PARAGRAPH 1. THE AGREEMENTS MUST BE ENTERED INTO IN COMPLIANCE WITH CURRENT LEGISLATION AND KEPT AT THE INSTITUTION'S HEAD OFFICE, AVAILABLE TO THE CENTRAL BANK OF BRAZIL, CONTAINING, MANDATORILY, CLAUSES INDICATING THE FEE TO BE CHARGED AND THE TERM FOR TRANSFERRING THE COLLECTED FUNDS TO THE FINAL BENEFICIARY.

PARAGRAPH 2. IN THE PROVISION OF THE COLLECTION SERVICES PROVIDED FOR IN THIS ARTICLE, THERE SHALL BE NO DISCRIMINATION BETWEEN CLIENTS AND NON-CLIENTS.

ART. 2. TO DETERMINE THAT MULTIPLE BANKS, COMMERCIAL BANKS, INVESTMENT BANKS, DEVELOPMENT BANKS, SAVINGS BANKS, CREDIT, FINANCING AND INVESTMENT COMPANIES, REAL ESTATE CREDIT COMPANIES AND SAVINGS AND LOAN ASSOCIATIONS MAY BE ACCREDITED, BY THE CENTRAL BANK OF BRAZIL, AS FIDUCIARY AGENTS IN REAL ESTATE CREDIT OPERATIONS WITH MORTGAGE GUARANTEE, UNDER THE TERMS OF ART. 30 OF DECREE-LAW NO. 70, OF 11.21.66.

ART. 3. TO AUTHORIZE THE CENTRAL BANK OF BRAZIL TO ADOPT THE MEASURES AND ISSUE THE NECESSARY RULES FOR THE EXECUTION OF THIS RESOLUTION.

ART. 4. TO RESOLVE THAT THIS RESOLUTION ENTERS INTO FORCE ON THE DATE OF ITS PUBLICATION.

ART. 5. TO REVOKE RESOLUTION NO. 1.665, OF 11.29.89, AND CIRCULAR NO. 79, OF 03.10.67.

BRASÍLIA (DF), OCTOBER 31, 1990

IBRAHIM ERIS
PRESIDENT