CMN Resolution No. 5,182 of October 31, 2024

CMN RESOLUTION
NO. 5,182, OF OCTOBER 31, 2024

Amends CMN Resolution No. 4,860, of October 23, 2020, which provides for the establishment and functioning of an organizational component for an ombudsman by institutions authorized to operate by the Central Bank of Brazil.

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 a session held on October 31, 2024, based on Articles 4, caput, item VIII, of the aforementioned Law, Article 1, caput, item II, of Decree-Law No. 70, of November 21, 1966, Article 1, caput, item II, of Law No. 10,194, of February 14, 2001, and Article 1, § 1, of Complementary Law No. 130, of April 17, 2009,

RESOLVES:

Article 1. The summary of CMN Resolution No. 4,860, of October 23, 2020, published in the Official Gazette of the Union on October 26, 2020, shall henceforth be effective with the following alterations:

“Provides for the establishment and functioning of an organizational component for an ombudsman by financial institutions and other institutions authorized to operate by the Central Bank of Brazil.” (NR)

Article 2. CMN Resolution No. 4,860, of October 23, 2020, published in the Official Gazette of the Union on October 26, 2020, shall henceforth be effective with the following alterations:

“Article 2. The organizational component for an ombudsman must be established by financial institutions and other institutions authorized to operate by the Central Bank of Brazil that have natural person clients, including individual entrepreneurs, or legal persons classified as micro-enterprises and small-sized enterprises, in accordance with Complementary Law No. 123, of December 14, 2006.

Sole paragraph. Commercial banks under corporate control of stock exchanges, commodity and futures exchanges, or stock and commodity and futures exchanges that perform exclusively functions as central liquidators and custodians for the exchanges and for the economic agents responsible for the transactions conducted therein, and the provision of settlement services, within the scope of payment arrangements, to institutions authorized to operate by the Central Bank of Brazil, are exempt from establishing an ombudsman.” (NR)

“Article 5. .....................................................................................................................

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III - a singular credit cooperative affiliated with a central credit cooperative may share the ombudsman established in the respective central cooperative, in the confederation constituted by central credit cooperatives, or in a bank part of the cooperative system to which it belongs; and

IV - a singular credit cooperative not affiliated with a central credit cooperative may share the ombudsman established in a central cooperative, in a federation of credit cooperatives, in a confederation constituted by central credit cooperatives, or in a class association of the category.

.........................................................................................................................” (NR)

“Article 18. The data related to the evaluation mentioned in Article 16 must be stored electronically, in chronological order, remaining available to the Central Bank of Brazil for a period of five years, counted from the date of the evaluation performed by the client or user.

.........................................................................................................................” (NR)

Article 3. Items I and II of the caput of Article 18 of CMN Resolution No. 4,860, of October 23, 2020, published in the Official Gazette of the Union on October 26, 2020, are revoked.

Article 4. This Resolution enters into force on November 1, 2024.

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