CMN Resolution No. 4861 on Credit Operations for Assistive Technology for Persons with Disabilities

CMN RESOLUTION NO. 4,861, OF OCTOBER 23, 2020

Provides for the carrying out of credit operations related to the acquisition of goods and services of assistive technology intended for persons with disabilities, as well as for the conditions for contracting financing subject to economic subsidy related to these operations, for the purpose of complying with the allocation of demand deposits captured by financial institutions for guided productive microcredit operations.

The Central Bank of Brazil, in accordance with Art. 9 of Law No. 4,595, of December 31, 1964, makes it known that the National Monetary Council, in a session held on October 22, 2020, based on Arts. 2 of Law No. 10,735, of September 11, 2003, and 2, § 9, of Law No. 12,613, of April 18, 2012,

RESOLVES:

Art. 1 This Resolution provides for the carrying out of credit operations related to the acquisition of goods and services of assistive technology intended for persons with disabilities, as well as for the conditions for contracting financing subject to economic subsidy related to these operations, for the purpose of complying with the allocation of demand deposits captured by financial institutions for guided productive microcredit operations.

Art. 2 The institutions mentioned in Arts. 4 and 5 of CMN Resolution No. 4,854, of September 24, 2020, must require a declaration from the beneficiaries of the credit operations related to the acquisition of goods and services of assistive technology intended for persons with disabilities, in writing or electronically, informing that:

I - the good or service to be acquired is included in the list of goods and services defined in an act of the Executive Branch, as provided for in Art. 1, sole paragraph, of Law No. 10,735, of September 11, 2003;

II - the good or service will not be used for the purpose of commercialization; and

III - the sum of the value of the operation with the balance of others of the same kind does not exceed the limit established in Art. 3, item II, of this Resolution.

Art. 3 The operations referred to in Art. 2 must observe the following conditions:

I - effective interest rate not exceeding 2% p.m. (two percent per month);

II - maximum value, per beneficiary, of R$30,000.00 (thirty thousand reais);

III - term of the operation not less than 120 (one hundred and twenty) days; and

IV - credit opening fee not exceeding 2% (two percent) of the value of the credit granted.

Sole Paragraph. It is admitted the contracting of operations for a period shorter than that provided for in item III of the main text, provided it is not less than 60 (sixty) days, in which case the limits for credit opening fees established in item IV must be reduced in the same proportion.

Art. 4 The operations intended to finance services for adapting a residential property for accessibility conditioning are subject to the presentation by borrowers of an architectural project that proves:

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

II - refers to accessibility in the residential environment, of a property duly registered in the Real Estate Registry Office of the County, signed by a professional duly registered in the Council of Architecture and Urbanism (CAU) or in the Confea/Crea System, which guarantees access, functionality, and mobility to all persons, regardless of their physical, intellectual, and sensory condition; and

III - has a Technical Responsibility Registration (RRT), issued by the CAU, or a Technical Responsibility Annotation (ART), issued by the Confea/Crea System, which measures the quantity of materials and labor necessary for the execution of an architectural project for residential accessibility adaptation and proves the authorship and responsibility related to the technical activity performed.

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

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

§ 3 The financial agent may establish a reference value ceiling for financeable goods and services when it verifies unjustified distortions between the average financing values for the same good or service.

Art. 5 The operations referred to in Art. 2 that are overdue by more than 90 (ninety) days cannot be counted for the purpose of complying with the allocation.

Art. 6 The conditions established in this Resolution apply, insofar as applicable, to the contracting of financing for the acquisition, by natural persons, of goods and services of assistive technology intended for persons with disabilities subject to economic subsidy, provided for in Art. 2 of Law No. 12,613, of April 18, 2012.

Art. 7 The Central Bank of Brazil is authorized to adopt the necessary measures for the execution of the provisions of this Resolution.

Art. 8 The following are revoked:

I - Resolution No. 4,050, of January 26, 2012;

II - Resolution No. 4,310, of February 10, 2014;

III - Resolution No. 4,326, of April 25, 2014; and

IV - Resolution No. 4,713, of March 28, 2019.

Art. 9 This Resolution enters into force on November 3, 2020.

Roberto de Oliveira Campos Neto

President of the Central Bank of Brazil