CMN Resolution No. 4172 — Dispenses Financial Institutions to Provide Credit Repayment Information to Data Banks Under Law No. 12,414

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 December 20, 2012, based on Articles 4, items VI and VIII, of the aforementioned Law, Article 1 of Complementary Law No. 130 of April 17, 2009, Article 12, § 3, of Law No. 12,414 of June 9, 2011, and Article 4 of Decree No. 7,829 of October 17, 2012,

R E S O L V E S:

Art. 1 Financial institutions and other institutions authorized to operate by the Central Bank of Brazil must pass on to the data banks governed by Law No. 12,414 of June 9, 2011, and Decree No. 7,829 of October 17, 2012, the information that constitutes the history of their customers' loan and financing operations.

§ 1 The information provided for in the caput must also cover:

I - leasing operations;

II - self-financing operations carried out through consortium groups;

III - advances; and

IV - other operations with characteristics of credit granting.

§ 2 The information regarding the operations provided for in item II must be passed on by the consortium administrators responsible for the respective groups.

Art. 2 The information provided for in Art. 1 must be passed on exclusively to data banks whose manager holds minimum net assets of R$70,000,000.00 (seventy million reais).

Sole Paragraph. In the case of data banks managed by associated legal entities, for the purposes of the provision in the caput of this article, the accounting procedures related to the consolidation of financial statements must be observed, where applicable.

Art. 3 The passing on of information to data banks is conditioned upon the express request or authorization of the customer for the opening of a registration and for the sharing of information, which may be effected directly to the institutions mentioned in Art. 1 or to the manager of the data bank, according to a term or clause that specifies this condition.

§ 1 The institutions that collect the request or authorization for the passing on of information are responsible for proving its authenticity, and must maintain the physical or electronic document attesting to the request or authorization for at least five years.

§ 2 The request or authorization granted to one institution extends to the other institutions with regard to the passing on of information from the same customer.

Art. 4 For the purposes of the provision in Art. 1, the history of the operations comprises:

I - the date of the granting of the loan or financing, or the assumption of the obligation or commitment to pay;

II - the total original value of the loan or financing granted, or of the obligation or commitment assumed;

III - the values of the installments of the loan or financing, or of the portions of the obligations or commitments, indicating the due dates; and

IV - the values paid, even if partial, of the installments of the loan or financing, or of the portions of the obligations or commitments, indicating the payment dates.

Art. 5 In the event of the sale or transfer of the operation, the obligation to provide the information provided for in Art. 1 shall be that of the institution that maintains the record of the operation in its assets, as provided for in the current regulation.

Art. 6 The Central Bank of Brazil will issue the necessary instructions for the compliance with the provisions of this Resolution.

Art. 7 The institutions referred to in Art. 1 have until August 1, 2013, to make the necessary operational adjustments for the compliance with the provisions of this Resolution.

Art. 8 This Resolution enters into force on the date of its publication.

Alexandre Antonio Tombini
President of the Central Bank of Brazil