CMN Resolution No. 3211 — Amends and Consolidates Rules on Opening, Maintaining, and Operating Special Checking and Savings Deposit Accounts

RESOLUTION NO. 003211

Amends and consolidates the rules regarding the opening, maintenance, and operation of special checking deposit accounts and savings deposit accounts.

The CENTRAL BANK OF BRAZIL, in accordance with Article 9 of Law 4,595 of December 31, 1964, makes public that the NATIONAL MONETARY COUNCIL, in a session held on June 30, 2004, based on Articles 3, item V, and 4, items VIII and IX, of the aforementioned law, and considering the provisions of Article 64 of Law 8,383 of December 30, 1991,

RESOLVES:

Article 1. To amend and consolidate, in accordance with this resolution, the rules regarding the opening, maintenance, and operation of special checking deposit accounts at multiple banks with commercial portfolios, at commercial banks, and at Caixa Econômica Federal.

§ 1. The deposit accounts referred to in this article:

I - may only be opened for natural persons and maintained in individual account mode, prohibiting:

a) the provision of checkbooks for their operation;

b) their simultaneous maintenance with another checking deposit account of the same ownership, within the same financial institution or in another;

II - cannot have a balance exceeding, at any time, R$1,000.00 (one thousand reais), nor a sum of deposits made in each month exceeding that same value, except in the case where the account holder is a beneficiary of a credit operation under the terms of Resolution 3,109 of July 24, 2003, and subsequent amendments, in which case the limits are increased by the same value of the credit granted;

III - must have resources withdrawn only by means of a magnetic card or through the use of another electronic means, admitting, on an exceptional basis, the use of a blank check or a receipt issued at the time of the withdrawal request.

§ 2. The contracts for opening the deposit accounts referred to in this article must contain a clause providing that:

I - in the event that the balance or the sum of deposits exceeds the corresponding value referred to in § 1, item II, more than twice within each period of one year, counted from the date of account opening, the account shall be blocked by the financial institution to verify the reason for the occurrence;

II - in the case where the deposit accounts referred to in this article register a balance, at any time, or a sum of deposits, in a given month, superior to R$3,000.00 (three thousand reais), the account must be blocked by the financial institution to verify the reason for the occurrence, regardless of the provision in item I.

§ 3. The financial institution may reactivate blocked deposit accounts under the terms of § 2 only once, observing that, in the event of a second occurrence of account blocking, the account must be closed or converted into a deposit account subject to the provisions of Resolution 2,025 of November 24, 1993, with the modifications introduced by Resolutions 2,747 of June 28, 2000, and 2,953 of April 25, 2002, and complementary norms.

§ 4. All credits made into the accounts referred to in this article are considered deposits, regardless of origin, nature, purpose, or method of execution.

Article 2. For the opening of the deposit accounts referred to in Article 1, it is mandatory to identify the applicant, by filling out a proposal form containing, at minimum, the following information:

I - applicant qualification: full name, parentage, nationality, date and place of birth, identification document (type, number, issue date, and issuing authority), and registration number in the Individual Taxpayer Registry - CPF, observing that said information must be verified against competent documentation;

II - supplementary data of the applicant: sex, marital status, spouse's name, if married, and profession;

III - residential address;

IV - date of account opening and respective number;

V - signature of the depositor.

§ 1. The execution of the procedures provided for in this article may be attributed to contracted correspondents under the terms of Resolution 3,110 of July 31, 2003, with the modifications introduced by Resolution 3,156 of December 17, 2003, and complementary norms.

§ 2. The opening of a deposit account under an abbreviated name or in any way altered, including by suppression of part or parts of the depositor's name, is prohibited.

§ 3. For the purpose of proving the applicant's registration in the CPF, the presentation of a printed document directly from the page of the Federal Revenue Secretariat of the Ministry of Finance on the Internet is admitted.

Article 3. The proposal form relating to the deposit accounts referred to in Article 1 must also contain clauses dealing, among others, with the following subjects:

I - declaration of non-existence of another checking deposit account owned by the depositor in the same financial institution or in another;

II - obligation to communicate, duly formalized by the depositor, any alteration in the registered data and documents referred to in Article 2, item I, as well as regarding the eventual opening of another checking deposit account;

III - procedures to be observed with a view to the closure of the deposit account at the initiative of either party, including in the event of opening another checking deposit account, the following minimum provisions must be included in the proposal form:

a) prior written communication of the intention to rescind the contract;

b) deadline for adopting measures related to the rescission of the contract;

c) issuance of notice by the financial institution to the account holder, with the date of the actual closure of the account.

Sole Paragraph. The financial institution must maintain a record of the occurrence related to the closure of the account.

Article 4. The opening of the deposit accounts referred to in Article 1 is admitted:

I - from information contained in files made available by public bodies for the purpose of payment of social benefits instituted by government decision;

II - with the provisional identification of the applicant, by presenting solely the respective Social Identification Number - NIS, as provided for in Article 2, caput, of Decree 3,877 of July 24, 2001.

§ 1. For the purpose of using the option provided for in the caput, item I, the files made available must contain, at minimum, the information referred to in Article 2, item I.

§ 2. Upon the opening of deposit accounts through the use of the option provided for in the caput, item II, compliance with the formalities related to the identification of the applicant, under the terms of Article 2, is dispensed with, observing the need to comply with those provisions within a maximum period of six months.

§ 3. The financial institution must, during the period referred to in § 2, provide for the identification of the account holder, as well as close the deposit accounts whose holders have not been duly identified upon the expiration of that period.

Article 5. The proposal form referred to in Articles 2 and 3 may be microfilmed, observing the conditions established in current regulation.

Article 6. The financial institution must close deposit accounts referred to in Article 1 in relation to which it verifies irregularities in the information provided, judged to be of a serious nature, communicating occurrences of this kind immediately to the Central Bank of Brazil.

Article 7. It is prohibited for the institutions referred to in Article 1 to charge remuneration for the opening and maintenance of the deposit accounts referred to in that article, except in the following cases:

I - making more than four withdrawals of funds per month;

II - providing more than four statements per month;

III - making more than four deposits per month, not considering for this effect the credit granted under the terms of Resolution 3,109 of 2003 and subsequent amendments;

IV - provision of a blank check sheet or receipt intended for the realization of fund withdrawals, as admitted in Article 1, § 1, item III.

Article 8. The opening of savings deposit accounts is admitted through the adoption of the provisions contained in this resolution, observing the other conditions established in legislation and current regulation relative to these accounts.

Sole Paragraph. It is prohibited to charge remuneration for the opening and maintenance of the deposit accounts referred to in this article, except in the cases provided for in Resolution 2,303 of July 25, 1996, with the modifications introduced by Resolution 2,747 of 2000.

Article 9. The Central Bank of Brazil is authorized to alter the values referred to in Article 1, §§ 1, item II, and 3.

Article 10. This resolution enters into force on the date of its publication.

Article 11. Resolutions 3,104 of June 25, 2003, and 3,113 of July 31, 2003, are repealed, and citations to these norms, contained in other normative acts issued by the Central Bank of Brazil, shall refer to this resolution.

Brasília, June 30, 2004.

Henrique de Campos Meirelles
President