CMN Resolution No. 5217 — Amends Article 3 of CMN Resolution No. 5140 Regarding Job Maintenance Clauses in Financing Lines

Resolution No. 5,217

CMN RESOLUTION NO. 5,217, OF MAY 22, 2025

Amends Article 3 of
CMN Resolution No. 5,140, of June 5, 2024, which establishes the provision of a commitment clause to maintain or expand the number of jobs existing prior to the public calamity in the financing lines of which Article 47-A of Law No. 12,351, of December 22, 2010, provides.

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 May 22, 2025, based on the provisions of Article 47-A, § 4 and § 5, of Law No. 12,351, of December 22, 2010,

R E S O L V E D:

Art.

1. CMN Resolution No. 5,140, of June 5, 2024, published in the Official Gazette of the Union on June 7, 2024, shall be in effect with the following
   changes:

“Art. 3. ....................................................................................................................................

.................................................................................................................................................

§ 3. The non-compliance with the commitment referred to in the caput, to be assessed at the end of the twelfth month and at the end of the sixteenth month from the date of contracting, shall imply the replacement of financial charges to borrowers, defined in Article 2, caput, item II, by charges calculated based on the average reference rate of the Special Settlement and Custody System – Selic Rate, or any other that may replace it, observing the following rules:

I - in the event of non-compliance assessed at the end of the twelfth month from the date of contracting, the replacement of financial charges to borrowers shall apply only to installments subsequent to the date of assessment; and

II - in the event of non-compliance assessed at the end of the sixteenth month from the date of contracting, the replacement of financial charges to borrowers shall occur retroactively.

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

Art.
2. Financing already contracted in accordance with CMN Resolution No. 5,140, of June 5, 2024,
may be covered by the provisions of this Resolution, respecting the perfect legal act and acquired rights.

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

GABRIEL
MURICCA GALÍPOLO

President of the Central Bank of Brazil