2024-03-01 | Resolução CMN 5121Added
CMN Resolution No. 5.121 amends Resolution No. 5.118 by redefining "related party" for accounting purposes and excluding commercial contracts such as leases and sales agreements from the definition of debt securities. It also clarifies that financial institutions and their controlled entities qualify as debtors for eligible debt titles. The resolution revokes the sole paragraph of Article 2 of the original resolution and entered into force on the date of its publication.
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CMN RESOLUTION NO. 5,121, OF MARCH 1, 2024
Amends CMN Resolution No. 5,118, of February 1, 2024, which provides for the backing for the issuance of Agricultural Receivables Certificates (CRAs) and Real Estate Receivables Certificates (CRIs).
The Central Bank of Brazil, in accordance with Article 9 of Law No. 4,595, of December 31, 1964, makes it public that the National Monetary Council, in an extraordinary session held on March 1, 2024, based on Articles 3, items I to III, of Law No. 6,385, of December 7, 1976, 49 of Law No. 11,076, of December 30, 2004, and 41 of Law No. 9,514, of November 20, 1997,
R E S O L V E D:
Art. 1 The CMN Resolution No. 5,118, of February 1, 2024, shall enter into force with the following alterations:
“Art. 2 ............................................................................................................
.........................................................................................................................
§ 1 When used in this Resolution, the expression "related party" has the meaning attributed to it in the respective Technical Pronouncement of the Accounting Pronouncements Committee, received by the Securities and Exchange Commission.
§ 2 For the purposes of the provision in item I of the caput, contracts and obligations of a commercial nature, such as promissory notes and lease, purchase and sale, promise of purchase and sale, and usufruct contracts related to real estate, shall not be considered debt securities.” (NR)
“Art. 3 ............................................................................................................
I - debt securities whose debtor, co-debtor, or guarantor is:
.........................................................................................................................
b) a financial institution or entity authorized to operate by the Central Bank of Brazil, other entities forming part of a prudential conglomerate, or their respective controlled companies;
...................................................................................................................” (NR)
Art. 2 The sole paragraph of Article 2 of CMN Resolution No. 5,118, of 2024, is hereby revoked.
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
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Source: Banco Central do Brasil — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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