CMN Resolution No. 5117 — Amending Resolutions 4.595, 4.860, 4.879, 4.893, 4.949, 4.968, and 4.984

CMN RESOLUTION NO. 5,117, OF JANUARY 25, 2024

Amends Resolution No. 4,595, of August 28, 2017; and CMN Resolutions Nos. 4,860, of October 23, 2020; 4,879, of December 23, 2020; 4,893, of February 26, 2021; 4,949, of September 30, 2021; 4,968, of November 25, 2021; and 4,984, of February 17, 2022, to exclude from their scopes of application securities brokerage companies, securities distribution companies, and foreign exchange brokerage companies authorized to operate by the Central Bank of Brazil.

The Central Bank of Brazil, in accordance with Art. 9 of Law No. 4,595, of December 31, 1964, makes public that the Monetary National Council, in a session held on January 25, 2024, based on Arts. 4, item VIII, of the aforementioned law, 20, § 1, of Law No. 4,864, of November 29, 1965, 1 of Decree-Law No. 70, of November 21, 1966, 7 and 23, item “a”, of Law No. 6,099, of September 12, 1974, 1, item II, of Law No. 10,194, of February 14, 2001, 1, § 2, of Provisional Measure No. 2,192-70, of August 24, 2001, and 1, § 1, of Complementary Law No. 130, of April 17, 2009,

RESOLVES:

Art. 1 Resolution No. 4,595, of August 28, 2017, shall enter into force with the following alteration:

"Art. 1
............................................................................................................

Sole Paragraph. The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage companies, securities distribution companies, and foreign exchange brokerage companies, which must observe the regulation issued by the Central Bank of Brazil in the exercise of their legal attributes." (NR)

Art. 2 CMN Resolution No. 4,860, of October 23, 2020, shall enter into force with the following alteration:

"Art. 1
............................................................................................................

Sole Paragraph. The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage companies, securities distribution companies, and foreign exchange brokerage companies, which must observe the regulation issued by the Central Bank of Brazil in the exercise of their legal attributes." (NR)

Art. 3 CMN Resolution No. 4,879, of December 23, 2020, shall enter into force with the following alteration:

"Art. 1 ............................................................................................................

Sole Paragraph. ..............................................................................................

I - to consortium administrators, payment institutions, securities brokerage companies, securities distribution companies, and foreign exchange brokerage companies, which must observe the regulation issued by the Central Bank of Brazil in the exercise of their legal attributes;

................................................................................................................" (NR)

Art. 4 CMN Resolution No. 4,893, of February 26, 2021, shall enter into force with the following alteration:

"Art. 1
............................................................................................................

Sole Paragraph. The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage companies, securities distribution companies, and foreign exchange brokerage companies, which must observe the regulation issued by the Central Bank of Brazil in the exercise of their legal attributes." (NR)

Art. 5 CMN Resolution No. 4,949, of September 30, 2021, shall enter into force with the following alteration:

"Art. 1 ............................................................................................................

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

................................................................................................................" (NR)

Art. 6 CMN Resolution No. 4,968, of November 25, 2021, shall enter into force with the following alteration:

"Art. 1 ............................................................................................................

Sole Paragraph. The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage companies, securities distribution companies, and foreign exchange brokerage companies, which must observe the regulation issued by the Central Bank of Brazil in the exercise of their legal attributes." (NR)

Art. 7 CMN Resolution No. 4,984, of February 17, 2022, shall enter into force with the following alteration:

"Art. 1 ............................................................................................................

§ 1 In the case of the cooperative segment, the provisions of this Resolution apply only to singular credit cooperatives.

§ 2 The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage companies, securities distribution companies, and foreign exchange brokerage companies, which must observe the regulation issued by the Central Bank of Brazil in the exercise of their legal attributes." (NR)

Art. 8 The sole paragraph of Art. 1 of CMN Resolution No. 4,984, of 2022, is hereby revoked.

Art. 9 This Resolution enters into force on March 1, 2024.

CAROLINA DE ASSIS BARROS
Acting President of the Central Bank of Brazil