CMN Resolution No. 4915 — Adjusts Rules of the Agricultural Activity Guarantee Program Regarding Enterprise Concept, Credit Operation Classification, Additional Fee Refund, and Loss Verification

Resolution No. 4,915

The current text of the MCR can be found at the following electronic address: www3.bcb.gov.br/mcr.

CMN RESOLUTION NO. 4,915, OF JUNE 22, 2021

Adjusts rules of the Agricultural Activity Guarantee Program regarding the concept of enterprise, the classification of rural credit operations in the program, the refund of the additional fee, and the verification of losses in case of coverage request.

The Central Bank of Brazil, in accordance with Art. 9 of Law No. 4,595, of December 31, 1964, makes public that the National Monetary Council, in an extraordinary session held on June 21, 2021, considering the provisions of Arts. 4, item VI, of the aforementioned Law, 4, 5 and 14 of Law No. 4,829, of November 5, 1965, Arts. 59, 65-A and 66-A of Law No. 8,171, of January 17, 1991, and Art. 4 of Decree No. 175, of July 10, 1991,

R E S O L V E S:

Art. 1 Section 1 (General Provisions) of Chapter 2 (Basic Conditions) of the Rural Credit Manual (MCR), contained in the annex to CMN Resolution No. 4,883, of December 23, 2020, shall enter into force with the following alterations:

“23 - For the purposes of this manual, an enterprise is considered to be the financable activity according to rural credit regulation, identified cumulatively:

a) by the registration number in the National Registry of Legal Entities (CNPJ) or Individual Taxpayer Registry (CPF) of the beneficiaries;

b) by the geodetic coordinates (GC) referring to the perimeter that defines the explored area, or by the municipality code, in cases where the registration of GCs is not mandatory;

c) by the enterprise code number in Sicor, according to the formation order indicated in the document Requirements and Instructions for Filling out Sicor.” (NR)

Art. 2 Section 2 (Classification) of Chapter 12 (Agricultural Activity Guarantee Program - Proagro) of the MCR, contained in the annex to CMN Resolution No. 4,902, of March 25, 2021, shall enter into force with the following alterations:

“2 - The classification of agricultural working capital is restricted to enterprises conducted under the conditions of the Climate Risk Agricultural Zoning (Zarc) published by the Ministry of Agriculture, Livestock and Supply (Mapa) for the municipality where located, without prejudice to the provisions of item 8.” (NR)

“5 - The enterprise whose value, added to the values of enterprises classified in the same agricultural year, exceeds the mandatory limit of R$335,000.00 (three hundred and thirty-five thousand reais) is exempted from the obligation established in item 4, in its entirety.” (NR)

“8 - Enterprises contracted by beneficiaries of the National Program for Strengthening Family Agriculture (Pronaf) and not included in Zarc may be classified in the Agricultural Activity Guarantee Program for Family Agriculture (Proagro Mais), provided there is an indication by the Ater for the specific conditions of the agroecosystem in which the enterprise is situated.” (NR)

“16 - ..................................................................................................................

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h) enterprise that has had 3 (three) coverage approvals under Proagro, consecutive or not, in the period of up to 60 (sixty) months prior to the classification request;

i) temporary crop working capital enterprise when:

I - the credit proposal is presented after the start of planting;

II - the formalization of credit occurs after 30 (thirty) days from the end of planting, even if the financing proposal was presented before the start of planting.” (NR)

“17 - The limit for classifying resources in Proagro with the same beneficiary is R$335,000.00 (three hundred and thirty-five thousand reais) for working capital, per agricultural year, regardless of the number of enterprises covered by one or more program agents, observed the provisions of item 18.” (NR)

“18 - For the calculation of the classification limit in Proagro, the sum of the nominal values classified in the same agricultural year is considered, noting that, in the case of more than one borrower in the operation, the respective value applies integrally and jointly to each one.” (NR)

Art. 3 Section 3 (Additional Fee) of Chapter 12 of the MCR, contained in the annex to CMN Resolution No. 4,902, of 2021, shall enter into force with the following alterations:

“13 - Refund of the additional fee is due, without any increase to the amount collected, provided it is requested through adjustment of relevant data in Sicor, in the following cases:

a) in any case of improper registration in Sicor or classification, where there has been a debit or collection of the additional fee;

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(NR)

“14 - For the application of the provisions of item 13, the following deadlines must be observed:

a) for the beneficiary to request withdrawal: 30 (thirty) days from the date of signing the credit instrument, or the adherence term to Proagro;

b) for the agent to make the relevant adjustments in Sicor: 10 (ten) days from the beneficiary's request or the improper registration in Sicor.” (NR)

Art. 4 Section 4 (Verification of Losses) of Chapter 12 of the MCR, contained in the annex to CMN Resolution No. 4,902, of 2021, shall enter into force with the following alterations:

“2 - ...................................................................................................................

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b) after harvesting or total felling of the crop;

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(NR)

“24 - Until the date of the first instance decision, or decision regarding an appeal filed by the beneficiary to the Special Appeals Commission, if any, the agent may request the complementation of the report or even the service performed, if deemed necessary for the decision of the coverage request.” (NR)

Art. 5 The following items are revoked from the MCR:

I - item 9 of Section 1 of Chapter 12;

II - items “a”, “b” and “c” of item 2 of Section 2 of Chapter 12;

III - item “b” of item 16 of Section 2 of Chapter 12;

IV - items “a”, “b”, “c”, “d” and “e” of item 17 of Section 2 of Chapter 12;

V - items I and II of item “b” and item “c” of item 2 of Section 4 of Chapter 12.

Art. 6 This Resolution enters into force on July 1, 2021.

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