CMN Resolution No. 4310 Amending Resolution No. 4,050 of January 26, 2012 Regarding Credit Operations for Assistive Technology Goods and Services for Persons with Disabilities

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 an extraordinary session held on February 7, 2014, considering the sole paragraph of Article 1 of Law No. 10,735 of September 11, 2003, and based on Article 2 of Law No. 10,735 of 2003 and Article 2, Paragraph 9 of Law No. 12,613 of April 18, 2012,

R E S O L V E S:

Article 1 The summary of Resolution No. 4,050 of January 26, 2012, shall henceforth read as follows:

“Provides for compliance with the direction of demand deposits captured by financial institutions as provided in Resolution No. 4,000 of August 25, 2011, with credit operations for the acquisition of goods and services of assistive technology intended for persons with disabilities, as well as regarding the conditions for contracting financing eligible for economic subsidies as provided in Law No. 12,613 of April 18, 2012.” (NR)

Article 2 Resolution No. 4,050 of 2012 shall henceforth be amended with the addition of the following Articles 2-A and 5-A:

“Article 2-A Operations intended to finance residential property adaptation services for accessibility are conditioned upon the presentation by borrowers of an architectural project that proves:

I - compliance with specific legislation and adherence to rules, criteria, and parameters established in the accessibility technical standards of the Brazilian Association of Technical Standards (ABNT);

II - reference to accessibility in the residential environment, of a property duly registered in the Real Estate Registry Office of the Jurisdiction, signed by a professional duly registered with the Architecture and Urbanism Council (CAU), which guarantees access, functionality, and mobility for all persons, regardless of their physical, intellectual, and sensory condition; and

III - possession of a Technical Responsibility Registration (RRT) issued by the CAU that measures the quantity of materials and labor necessary for the execution of an architectural project for residential accessibility adaptation and that proves the authorship and responsibility regarding the technical activity performed.

§ 1 Only the acquisition of materials and labor linked to an architectural project shall be financed.

§ 2 When authorized by the owner, an inspection of the adapted property may be conducted for the purpose of proving the regular application of credit.

§ 3 The financial agent may establish a reference value cap for financed goods and services when unjustified distortions between the average financing values for the same good or service are identified.” (NR)

“Article 5-A The conditions established in this Resolution apply, where applicable, to the contracting of financing for the acquisition, by natural persons, of goods and services of assistive technology intended for persons with disabilities eligible for economic subsidies, as provided in Article 2 of Law No. 12,613 of April 18, 2012.” (NR)

Article 3 This Resolution enters into force on the date of its publication.

Article 4 Resolution No. 4,305 of January 30, 2014, is hereby revoked.

Alexandre Antonio Tombini
President of the Central Bank of Brazil