CMN Resolution No. 5,142 — Amends CMN Resolution No. 5,140 of June 5, 2024 regarding financing lines from the Social Fund surplus

CMN RESOLUTION NO. 5,142, OF JUNE 26, 2024

Amends CMN Resolution No. 5,140, of June 5, 2024, which establishes the conditions, financial charges, deadlines, and other regulatory norms for the financing lines made available with resources from the financial surplus of the Social Fund.

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 June 26, 2024, based on the provisions of Art. 47-A, §§ 4 and 5, of Law No. 12,351, of December 22, 2010,

RESOLVES:

Art. 1 CMN Resolution No. 5,140, of June 5, 2024, published in the Official Gazette of the Union on June 7, 2024, shall enter into force with the following alterations:

“Art. 1 The financing lines with the purpose of supporting actions to mitigate and adapt to climate change and to address the social and economic consequences of public calamities, in accordance with Art. 65 of Complementary Law No. 101, of May 4, 2000, with resources from the financial surplus of the Social Fund – FS, including the principal, shall be granted by the National Bank for Economic and Social Development – BNDES, or by financial institutions authorized by it, which shall assume the risks of the operations, including credit risk, and shall be intended for legal and natural persons located in a federative entity in a state of public calamity recognized by the National Congress, in accordance with Art. 65 of Complementary Law No. 101, of May 4, 2000, and which have suffered material losses in areas effectively affected by extreme weather events, as per the georeferenced delimitation fixed in an act of the Ministry of Finance.” (NR)

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

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II - financial charges to borrowers, as remuneration to the FS: effective interest rate considering the remuneration referred to in item I plus:

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“Art. 4 The financing lines referred to in Art. 1 are restricted to financing applications filed with BNDES regarding the following borrowers located in a federative entity in a state of public calamity recognized by the National Congress, in accordance with Art. 65 of Complementary Law No. 101, of May 4, 2000, and observing the georeferenced delimitation referred to in Art. 1:

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§ 1 The georeferenced delimitation referred to in Art. 1 does not apply to public service concessionaires and to borrowers referred to in item III of the caput.

§ 2 Applications for financing filed with BNDES up to twelve months after the recognition, by the National Congress, of the state of public calamity may be covered by the conditions established in this Resolution.” (NR)

Art. 2 Article 4, sole paragraph, of CMN Resolution No. 5,140, of June 5, 2024, published in the Official Gazette of the Union on June 7, 2024, is hereby repealed.

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

ROBERTO DE OLIVEIRA CAMPOS NETO
President of the Central Bank of Brazil