CMN Resolution No. 5,172 — Amending CMN Resolution No. 5,140 Regarding Financing Lines from the Social Fund Surplus

CMN RESOLUTION NO. 5,172, OF SEPTEMBER 9, 2024

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

The Central Bank of Brazil, in accordance with Article 9 of Law No. 4,595, of December 31, 1964, makes public that the National Monetary Council, in an extraordinary session held on [blank] September 2024, based on the provisions of Article 47-A, §§ 4 and 5, of Law No. 12,351, of December 22, 2010,

HAS DECIDED:

Article 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 amendments:

“Article 4.
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§ 3. The georeferenced delimitation referred to in Article 1 does not apply to working capital operations contracted by rural producers, agropecuary production cooperatives, cerealists, and agricultural input suppliers, who fall under items I or II of the caput, respecting the maximum value per borrower provided for in Article 2, caput, item III, letter “a”, observing that financing for:

I - rural producers referred to in § 3, is conditioned on:

a) agropecuary establishments being located in municipalities of the state of Rio Grande do Sul, with a declaration of emergency situation or state of public calamity recognized by the federal government from April 26 to July 31, 2024, due to floods, waterlogging, intense rains, mudslides, gales, landslides, or inundations;

b) the loss of expected income from the establishment's production being equal to or greater than 30% (thirty percent), resulting from the climatic phenomena referred to in item I, letter “a”, of § 3, upon presentation of a technical report signed by a qualified technical professional; and

c) the credit limit considering all operations contracted, in one or more financial institutions, and not exceeding the sum of installments, due and future, in 2024 and 2025, owed by the borrower regarding rural credit operations, rural product certificates – CPRs, and other debts linked to rural production with production cooperatives, cerealists, and agricultural input suppliers, updated by contractual charges up to the date of contracting the credit operation;

II - agropecuary production cooperatives, cerealists, and agricultural input suppliers, are conditioned:

a) to being located in the municipalities referred to in item I, letter “a”;

b) to the presentation of a declaration regarding the need for credit for the continuity of operations, indicating difficulty in receiving values owed by rural producers in financial and commercial operations;

c) to the allocation of at least 70% (seventy percent) of the value of the financing contracted under this credit line to refinance debts contracted by rural producers included in item I, letter “a”, observing the same conditions of the credit obtained;

d) to the presentation of proof of the formalization of the renegotiation of the original debt with rural producers; and

e) to the debts of the rural producers mentioned in letter “c” of this item corresponding to the sum of due and future installments subject to renegotiation, updated by normal contractual charges up to the date of contracting the renegotiation operation; or

III - family agriculture agropecuary production cooperatives that act in the industrialization and transformation of agropecuary products, except grains, and that have an active Declaration of Aptitude to the National Program for Strengthening Family Agriculture – DAP Legal Entity or a valid Registration in the National Registry of Family Agriculture – RICAF, are not subject to the conditions established in items II and III, provided that:

a) they are located in the municipalities referred to in item I, letter “a”, and have more than 70% (seventy percent) of their members located in these municipalities;

b) at least 30% (thirty percent) of the production expected to be benefited, processed, or commercialized in the months of April and May 2024 was lost, was not commercialized by the cooperatives, or was not delivered by the associates to the cooperative due to floods, waterlogging, intense rains, mudslides, gales, landslides, or inundations; and

c) they present a declaration regarding the minimum percentage of loss or economic damage and the need for credit for the continuity of operations.

§ 4. BNDES may establish criteria and procedures for the implementation of the provisions of § 3, including regarding repayment deadlines, which may be extended by up to thirty-six months when dealing with cooperatives and rural producers.” (NR)

Article 2. This Resolution enters into force on the date of its publication.

GABRIEL MURICCA GALÍPOLO
President of the Central Bank of Brazil substitute