CMN Resolution No. 2814 - National Deregulation Program: Procedures for Financial Institutions Regarding Consignment Deposit for Payment

RESOLUTION NO. 002814

NATIONAL DEREGULATION PROGRAM - Establishes procedures to be observed by financial institutions in receiving consignment deposits for payment as provided for in Law No. 8,951, of 1994.

THE CENTRAL BANK OF BRAZIL, in accordance with Article 9 of Law No. 4,595, of December 31, 1964, makes public that the MONETARY COUNCIL OF BRAZIL, in a session held on January 24, 2001, based on Article 4, items VIII and IX, of the aforementioned law, and considering the provisions of Article 1 of Law No. 8,951, of December 13, 1994, which amended Article 890 of Law No. 5,869, of January 11, 1973,

RESOLVES:

Article 1. It is established that it is mandatory for public financial institutions to receive consignment deposits for payment as provided for in Law No. 8,951, of December 13, 1994.

Sole Paragraph 1. For the purposes of Law No. 8,951, of 1994, public financial institutions defined as official banking establishments are multiple banks with commercial portfolios and commercial banks, federal and state, and the Federal Savings Bank (Caixa Econômica Federal).

Sole Paragraph 2. In the case of a municipality without coverage by the institutions referred to in the previous paragraph, the receipt of consignment deposits for payment shall fall to multiple banks with commercial portfolios and commercial banks, private, as well as credit cooperatives that receive demand deposits, in the case where the debt related to the consignment deposit involves a depositor and creditor who are members, installed in the locality.

Sole Paragraph 3. In the event of the non-existence, in the locality where the payment of the debt is due, of a financial institution authorized to receive the deposits referred to in this Resolution, the receipt shall fall to institutions located in nearby municipalities, observing the other conditions established in this article.

Sole Paragraph 4. The financial institution is prohibited from receiving consignment deposits for payment related to obligations in which it itself is the creditor.

Article 2. Financial institutions must require from the depositor, at the time of opening the respective consignment deposit for payment account, and from the creditor, when he/she withdraws the deposits, the registration information provided for in Resolution No. 2,025, of November 24, 1993, and subsequent regulation.

Sole Paragraph 1. In the case of deposits made by attorneys or proxies, the financial institution must require the presentation of a power of attorney or proxy letter, in addition to the identifications of the representative and the represented person, in accordance with the regulation cited in the main text.

Sole Paragraph 2. In the case of deposits made by third parties, interested or not, the financial institution must carry out the procedures established by the regulation cited in the main text in relation to the depositor, with the latter being responsible for providing the identification data of the debtor, as well as for the veracity of these data.

Sole Paragraph 3. The consignment deposit for payment account may only receive funds for this purpose, and the depositor must declare, in the opening instrument of the account, the object of the debt to which it refers and the creditor thereof, identifying the latter by providing, at a minimum, full name, number of registration in the Individual Taxpayer Registry (CPF) or National Registry of Legal Entities (CNPJ), and address for sending the notification referred to in Article 4.

Sole Paragraph 4. The receipt of successive consignment deposits for payment, referring to debts of periodic installments related to the same contract between creditor and debtor, may be carried out through a single identification procedure of the interested parties, each of the said deposits being subject to clear identification of the installment to which it refers and specific treatment for the purposes of this Resolution and the corresponding legal effects.

Article 3. Once the consignment deposit for payment is received, it remains exclusively at the disposal of:

I - the creditor, if the formal refusal referred to in Article 4, sole paragraph, item II, letter "a", is not received by the financial institution;

II - the depositor, after the formal refusal referred to in the previous item is received by the financial institution;

III - the competent court, after the consignment for payment action referred to in Article 6, provided for by current legislation, is filed.

Sole Paragraph. Withdrawals of consignment deposits for payment must be made in the full amount, in cash, administrative check, or transfer to another deposit account, with the operation and destination of the funds registered in the case of transfer, in the history of the source account, the provision of checkbooks being prohibited.

Article 4. The financial institution, upon receiving consignment deposits for payment, must issue the corresponding notification to the creditor within two business days, whose receipt notice must be personally signed by the recipient and kept by the institution for the purposes provided by law.

Sole Paragraph. The notification referred to in the main text must be carried out on an appropriate form, to be manufactured and provided by the financial institution, which must contain, at a minimum:

I - identification of the purpose of the notification, the person of the debtor, and the debt object of the deposit;

II - highlighted information that, in accordance with Article 890, Paragraph 2, of Law No. 5,869, of January 11, 1973, the debtor will be considered released from the obligation object of the indicated debt, in the occurrence of one of the following hypotheses:

a) the creditor does not present to the depository financial institution, within ten days counted from the date of receipt of the notification, a manifestation of formal refusal of the total amount deposited, with said funds remaining, in this case, at his disposal, for withdrawal at any time;

b) the creditor proceeds to withdraw the funds before the end of the period mentioned in the previous letter;

III - space intended for the eventual manifestation of refusal by the creditor, where he may include the reasons for such, which must be carried out in writing on the form itself;

IV - instructions for sending the formalization of refusal to the financial institution, by mail or direct delivery, respecting the period mentioned in item II, letter "a", with a receipt notice to be authenticated and signed by an employee of the institution;

V - warning that the deposit refers to the total value of the indicated debt, acceptance and consequent receipt with reservations being not admitted;

VI - other information that clarifies the creditor regarding rights, obligations, procedures, measures to be taken, and respective legal and administrative consequences, as established in current legislation and regulation, and warning that the signature of the receipt notice implies knowledge of the information contained in the notification.

Article 5. After the lapse of the legal period established for the formalization of refusal by the creditor, without it having been carried out, or in the event that the latter withdraws the deposited value, the financial institution must provide a declaration, at the request of the depositor, containing the object and date of the consignment, the date of the attachment of the signed receipt notice by the creditor and the absence of formal refusal by the latter until the date of the declaration, or, in the event of the withdrawal of the funds by the creditor, the date of such withdrawal.

Article 6. In the event of the formalization of refusal by the creditor, the financial institution must issue a notification to the depositor, within one business day, with receipt notice, so that he may, in accordance with the law, use the prerogative of filing a consignment for payment action provided for in current legislation.

Sole Paragraph. The deposits referred to in this Resolution are to be treated by the financial institution as judicial deposits, once the consignment for payment action referred to in the main text is filed, with the depositor being responsible for proving the fact before the depository institution.

Article 7. Consignment deposits for payment must be updated, at a minimum, under the same conditions as the basic remuneration of savings deposits, observing, after the eventual instigation of the action referred to in Article 6, the current legislation regarding judicial deposits.

Article 8. It is optional for the financial institution to be reimbursed, from the depositor, for postage expenses, document preparation, and others incurred in carrying out the procedures determined in accordance with this Resolution.

Sole Paragraph 1. The financial institution may charge a fee related to the maintenance of a deposit account, not exceeding that established for demand deposit accounts, debiting it directly to the account that received the consignment deposit for payment and up to the limit of the funds existing therein, after at least sixty days have elapsed from the period referred to in Article 4, sole paragraph, item II, letter "a", provided that the consignment for payment action referred to in Article 6 has not been filed and that the funds have not been withdrawn by whomsoever entitled.

Sole Paragraph 2. It is the responsibility of the financial institution to clarify to the interested parties regarding the conditions related to the charging of reimbursements and fees treated in this article, as practiced by the institution, requiring formal knowledge of the debtor and the creditor on the subject.

Sole Paragraph 3. In the case of consignment deposits for payment referring to debts of periodic installments related to the same contract between creditor and debtor, the financial institution may only charge the holder of the funds, observing the conditions established in this article, a single monthly fee related to the maintenance of the deposit account, regardless of the number of installments deposited and eventually not withdrawn.

Sole Paragraph 4. In the monthly statements to be sent by the financial institution to the person authorized to make the corresponding withdrawal, information regarding the debit of periodic fees and recommendation for withdrawal of funds aiming at the closure of the account must be included, when applicable.

Article 9. The institutions mentioned in Article 1 will have a period until April 2, 2001, to comply with the provisions of this Resolution.

Article 10. The Central Bank of Brazil is authorized to issue norms and adopt measures deemed necessary for the execution of the provisions of this Resolution.

Article 11. This Resolution enters into force on the date of its publication.

Brasília, January 24, 2001

Arminio Fraga Neto
President