Rule · BCB · 27 Oct 2016 · Resolução CMN 4530
Individuals, transport entrepreneurs with gross revenue up to R$2,400,000.00, and leasing companies for eligible lessees must formalize refinancing operations by December 30, 2016. BNDES and accredited financial institutions must structure repayments in up to twelve monthly installments after the original term, including a twelve-month grace period. This applies to operations signed until December 31, 2015, covering specific truck equipment and insurance. BNDES bears the risk for direct contracts, while accredited institutions bear it for others.
The Central Bank of Brazil, pursuant to Article 9 of Law No. 4,595 of December 31, 1964, makes public that the National Monetary Council, in a session held on October 27, 2016, based on Article 4, item VI, of Law No. 4,595 of 1964, and Articles 1 and 1-A of Law No. 12,096 of November 24, 2009,
R E S O L V E D:
Article 1. The necessary conditions for the refinancing referred to in Article 1-A of Law No. 12,096 of November 24, 2009, are established, observing the following:
I - beneficiaries:
a) individuals residing and domiciled in the country, from the road freight transport segment;
b) individual entrepreneurs, individual limited liability companies, members of transport cooperatives, and societies, associations, and foundations whose gross operating revenue or annual or annualized income is up to R$2,400,000.00 (two million and four hundred thousand reais), provided they are from the road freight transport segment; or
c) leasing companies, provided that the lessee fits within the provisions of items “a” and “b” of this item;
II - object of the refinancing: operations referred to in Article 1 of Law No. 12,096 of 2009, destined for the acquisition and commercial leasing of trucks, chassis, tractor units, trailers, towing units, semi-trailers, including dolly types, tanks, and similar, new and used truck bodies, new tracking systems, property insurance, and credit life insurance, signed until December 31, 2015, limited to:
a) the first twelve installments with maturity starting from the formalization of the refinancing operation; or
b) the remaining installments with maturity starting from the formalization of the refinancing operation, if fewer than twelve;
III - deadline for formalizing the refinancing operations: until December 30, 2016;
IV - financial charges: Long-Term Interest Rate (TJLP) + 2.5% p.a. (two and a half percent per annum);
V - repayment term:
a) in the case of item “a” of item II of this article, in up to twelve monthly installments after the end of the original contract term; or
b) in the case of item “b” of item II of this article, in a number of monthly installments identical to the number of refinanced installments, ensuring a grace period of twelve months from the formalization of the refinancing operation.
§ 1. The operating agents shall be the National Bank for Economic and Social Development (BNDES) and the financial institutions accredited by it.
§ 2. The risk of the operations shall be borne by the BNDES, in contracts entered into by it directly, and by the financial institutions accredited by it, in other cases.
Article 2. This Resolution enters into force on the date of its publication.
Ilan Goldfajn
President of the Central Bank of Brazil
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“pursuant to Article 9 of Law No. 4,595 of December 31, 1964”
“and Articles 1 and 1-A of Law No. 12,096 of November 24, 2009”
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