CMN Resolution No. 5,134 — Criteria for Measuring Provisions for Doubtful Loan Repayment of Renegotiated Operations Due to Climate Events in Rio Grande do Sul

RESOLUTION

RESOLUTION
CMN No. 5,134, OF MAY 13, 2024

Regulatory document revoked, as of 1/1/2025, by CMN Resolution No. 4,966, of November 25, 2021.

Establishes the criteria for measuring the provision for doubtful loan repayment of renegotiated operations by financial institutions and other institutions authorized to operate by the Central Bank of Brazil due to the economic consequences derived from climate events in the state of Rio Grande do Sul.

The Central Bank of Brazil, in accordance with art. 9 of Law No. 4,595, of December 31, 1964, makes it public that the Monetary Council, in an extraordinary session held on May 13, 2024, based on art. 4, items VIII and XII, of the aforementioned law, and considering the provisions of art. 61 of Law No. 11,941, of May 27, 2009,

R E S O L V E D :

Art. 1. Financial institutions and other institutions authorized to operate by the Central Bank of Brazil are permitted to reclassify, to the level in which they were classified on March 31, 2024, the operations renegotiated in the period from May 1 to December 31, 2024, in accordance with § 3 of art. 8 of Resolution No. 2,682, of December 21, 1999, due to the economic consequences derived from climate events in the state of Rio Grande do Sul, subject of Legislative Decree No. 36, of May 7, 2024.

§ 1. The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage firms, securities distribution companies, and currency brokerage firms, which must observe the regulation issued by the Central Bank of Brazil, in the exercise of their legal attributes.

§ 2. The provisions of the caput do not apply to operations:

I - with a delay equal to or greater than fifteen days, in the payment of a principal installment or charges, on March 31, 2024; or

II - with evidence of the counterparty's inability to honor the obligation under the new agreed conditions.

§ 3. The provisions of the caput of art. 8 of Resolution No. 2,682, of 1999, do not apply to the renegotiated operations referred to in this article.

Art. 2. The institutions mentioned in art. 1 must keep available to the Central Bank of Brazil for a period of at least five years the documentation related to the operations covered by this Resolution.

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

AILTON DE AQUINO SANTOS
Acting President of the Central Bank of Brazil