CMN Resolution No. 4790 — Procedures for Authorization and Cancellation of Debit Authorizations for Deposit and Salary Accounts

The Central Bank of Brazil, in accordance with Article 9 of Law No. 4,595 of December 31, 1964, makes it public that the National Monetary Council, in a session held on March 26, 2020, based on Article 4, item VIII, of the aforementioned Law,

R E S O L V E S:

CHAPTER I

OF THE OBJECT AND SCOPE OF APPLICATION

Art. 1 This Resolution establishes procedures for the authorization and cancellation of authorization for debits in deposit accounts and in registration accounts as provided for in Resolution No. 3,402 of September 6, 2006 (salary account).

Art. 2 For the purposes of this Resolution, it is considered:

I - depositary institution: financial institution holding the account to be debited; and

II - receiving institution: institution authorized to operate by the Central Bank of Brazil receiving the resources related to the debit in the account or holding the account to be credited.

CHAPTER II

OF THE AUTHORIZATION OF DEBITS

Art. 3 The realization of debits in the accounts mentioned in Art. 1 depends on prior authorization by its holder.

§ 1 The authorization of debits in the account can be formalized at the depositary institution or through the receiving institution.

§ 2 The authorization referred to in the caput must:

I - have a specific purpose;

II - specify the account to be debited;

III - be provided in writing or electronically; and

IV - stipulate the term, which may be indefinite.

§ 3 The authorization referred to in the caput may specify dates for the realization of debits.

§ 4 It is admitted, when it is an authorization of debits formalized by the client at the depositary institution, the specification of more than one account for the realization of debits, respecting the order of precedence defined by the holder.

Art. 4 In cases of debits related to the payment of credit operations or financial leasing, in addition to the requirements contained in Art. 3, the authorization of debits in the account must:

I - be individualized and linked to each contract; and

II - contain an unequivocal manifestation by the account holder regarding the eventual option to carry out debits:

a) on a credit limit in the account, if any; and

b) resulting from overdue obligations, including through partial postings.

§ 1 It is prohibited to carry out debits that result in the granting of advances to depositors.

§ 2 The request for the manifestation must appear in a prominent form in the operation contract, with the possibility of free choice by the holder of the options mentioned in item II of the caput.

CHAPTER III

OF THE AUTHORIZATION OF DEBITS THROUGH THE RECEIVING INSTITUTION

Art. 5 The authorization of debits in the account formalized through the receiving institution must observe the following procedures:

I - communication between the receiving and depositary institutions must be carried out electronically, with a minimum advance of ten days from the date for the effective debit by the depositary institution;

II - in the case of debits related to operations referred to in Art. 4, the communication must:

a) inform that it is an authorization of debit related to operations of this kind; and

b) indicate the debit options defined by the client referred to in item II of Art. 4; and

III - the depositary institution must communicate to the account holder and to the receiving institution the acceptance of the authorization within two business days counted from the date of its receipt.

§ 1 The electronic means for the communication referred to in item I of the caput requires:

I - the adoption of a single common standard among the institutions involved; and

II - the full accessibility of the institutions.

§ 2 The procedures provided for in this article apply to services provided by the receiving institution itself or by institutions and entities belonging to the same prudential conglomerate.

CHAPTER IV

OF THE CANCELLATION OF THE DEBIT AUTHORIZATION

Art. 6 The account holder is assured the right to cancel the authorization of debits.

Sole paragraph. The cancellation of the authorization of debits in the account can be formalized at the depositary institution or through the receiving institution.

Art. 7 The cancellation of the authorization of debits formalized through the receiving institution must observe the following procedures:

I - the receiving institution must forward to the depositary institution the cancellation request received from the holder within two business days counted from receipt; and

II - communication between the receiving and depositary institutions must be carried out electronically, observing the provisions of § 1 of Art. 5, with a minimum advance of one business day for the effective cancellation of the debit by the depositary institution.

Art. 8 The depositary institution must communicate to the account holder and, if applicable, also to the receiving institution, the acceptance of the cancellation of the authorization of debits within two business days counted from the date of its receipt.

Art. 9 The cancellation of the authorization of debits related to operations referred to in Art. 4 must be requested by the holder through the receiving institution, observing the provisions of the caput of Art. 6.

Sole paragraph. The cancellation referred to in the caput can be carried out at the depositary institution, if the client declares that they do not recognize the authorization.

Art. 10 The closure of all accounts subject to the authorization of debits, without the corresponding indication of another account to replace them, is equivalent to the cancellation of the granted authorization.

CHAPTER V

GENERAL PROVISIONS

Art. 11 The depositary institution must adopt procedures and controls that confirm the identity of the holder and ensure the authenticity of the authorization and the cancellation of the authorization of debits in the account.

Sole paragraph. In the case of authorization and cancellation of the authorization of debits requested by the holder through the receiving institution, the adoption of the procedures and controls referred to in the caput must be carried out exclusively by that institution, even when involving services provided by institutions and entities of the same prudential conglomerate.

Art. 12 The depositary institution must make available in a specific statement or specific section of the account statement the following information:

I - the list of active debit authorizations in the account on the date of consultation by the holder; and

II - the values of the debits processed related to the authorizations referred to in item I to be posted in the account in the future, at least in the next two business days counted from the date of consultation by the holder.

Sole paragraph. The provisions of item I of the caput do not apply to debit authorizations related to the collection of fees on an occasional basis, as well as charges and taxes resulting from credit operations or services contracted by the holder.

Art. 13 The documents proving the authorization of debits, including its authenticity and its eventual cancellation, as well as the declaration referred to in the sole paragraph of Art. 9, must be kept available to the Central Bank of Brazil for a minimum of five years, counted from the end of the term of the authorization.

Art. 14 It is optional, in credit operation and financial leasing contracts, the inclusion of a clause that provides:

I - a reducer incident on the stipulated remunerated interest rate, in the event that the holder authorizes the payment of contractual obligations through debit in the account; and

II - exclusion of the reducer referred to in item I, in the event of cancellation of the authorization of debits, at the initiative of the holder, without the corresponding indication of another authorization to replace it.

Sole paragraph. In the case of provision of the contractual clause referred to in this article, credit operation or financial leasing contracts must inform the remunerated interest rates and the Effective Total Cost (CET) applicable in each of the hypotheses provided for in items I and II of the caput.

Art. 15 Institutions must indicate to the Central Bank of Brazil a director responsible for compliance with the obligations provided for in this Resolution.

Sole paragraph. The director mentioned in the caput may perform other functions in the institution, provided there is no conflict of interest.

CHAPTER VI

FINAL PROVISIONS

Art. 16 Resolution No. 3,402 of 2006 shall enter into force with the following alteration:

“Art. 2 ......................................................

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§ 1 ..........................................................

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II - transfers of credits to other institutions, when carried out by the beneficiaries for the total credited value, allowing the deduction of any discounts to be made in the accounts referred to in Art. 1 related to installments of credit operations or financial leasing.

..........................................................” (NR)

Art. 17 The Central Bank of Brazil is authorized to issue norms and adopt measures deemed necessary for the compliance with the provisions of this Resolution.

Art. 18 The following are repealed:

I - Resolution No. 4,771 of December 19, 2019;

II - Arts. 3 and 4 of Resolution No. 3,695 of March 26, 2009; and

III - Art. 2 of Resolution No. 4,649 of March 28, 2018.

Art. 19 This Resolution enters into force:

I - on April 1, 2020, regarding the provisions of Art. 18, item I; and

II - on November 3, 2020, regarding the remaining provisions.

Roberto de Oliveira Campos Neto
President of the Central Bank of Brazil