CMN Resolution No. 3693 — Prohibits Charging Fees for Issuing Payment Slips, Amending Article 1 of Resolution No. 3,518 of 2007

RESOLUTION NO. 003693

Prohibits Charging Fees for Issuing Payment Slips, Amending Article 1 of Resolution No. 3,518 of 2007.

The Central Bank of Brazil, in accordance with Article 9 of Law No. 4,595 of December 31, 1964, makes public that the National Monetary Council, in a session held on March 26, 2009, based on Article 4, item IX, of the aforementioned law,

RESOLVED:

Article 1. Article 1 of Resolution No. 3,518 of December 6, 2007, shall be amended to read as follows:

"Article 1. The charging of fees by financial institutions and other institutions authorized to operate by the Central Bank of Brazil for the provision of services must be stipulated in the contract concluded between the institution and the client, or the respective service must have been previously authorized or requested by the client or the user.

§ 1. For the purposes of this resolution:

I - a client is considered to be a person who has a non-sporadic business relationship with the institution, arising from a deposit contract, a credit operation, a leasing contract, a service provision contract, or a financial investment;

II - services provided to individuals are classified as essential, priority, special, and differentiated;

III - reimbursement of expenses resulting from services provided by third parties does not constitute a fee, and its value may be charged provided it is clearly stated in the credit operation or leasing contract.

§ 2. Reimbursement, as provided in item III of § 1, of expenses for issuing payment slips (boletos), carnês, and similar documents is not permitted." (NR)

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

Brasília, March 26, 2009.

Henrique de Campos Meirelles
President