Rule · CVM · 28 Apr 2014
Participants of Central Depositories must obtain custody agent registration by July 1, 2014, by submitting a completed Registration Form via the CVM website. Submissions require a CNPJ proof, legal representative signature card, constitution documents, and a system description declaration as PDF files under 1 MB. Entities lacking registration by the deadline must cease all securities custody activities until authorized.
Rua Sete de Setembro, 111/2nd Floor – Center – Rio de Janeiro - RJ – ZIP: 20050-901 – Brazil – Tel.: (21) 3554-8686 – http://www.cvm.gov.br.
Regional Superintendence of São Paulo: Rua Cincinato Braga, 340/2nd, 3rd and 4th Floors – Bela Vista – São Paulo – SP – ZIP: 01333-010 – Brazil – Tel.: (11) 2146-2000 Regional Superintendence of Brasília: SCN Q.02 – Bl. A – Ed. Corporate Financial Center – S.404/4th Floor – Brasília – DF – ZIP: 70712-900 – Brazil – Tel.: (61) 3327-2030/2031
CIRCULAR LETTER/CVM/SMI No. 002/2014
São Paulo, April 28, 2014.
To
Participants of Central Depositories (Custody Agents) Subject: CVM Instruction No. 542/2013 – Art. 21, § 1
Dear Sirs,
With the publication of CVM Instruction No. 542, of December 20, 2013, participants of central depositories that provide services to investors for: a) conservation, control and reconciliation of securities positions in custody accounts held in their name; b) processing of movement instructions received from investors or persons legitimized by contract or mandate; and c) processing of events affecting the securities held in custody, were obliged to obtain, by July 1, 2014, the custody agent registration with the Securities and Exchange Commission - CVM.
To obtain the custody agent registration, participants of central depositories must fill out the Registration Form which will be made available, starting from May 15, 2014, on the CVM website (www.cvm.gov.br) under MARKET PARTICIPANTS>Securities Custody>Request for Authorization to Provide Securities Custody Services. Subsequently, they must send, via digital files (in PDF format and maximum size of 1 MB each) to be transmitted through said website (upload):
a) proof of registration in the National Registry of Legal Entities (CNPJ) of the requesting institution; b) signature card of the legal representatives of the requesting institution, according to the attached model; c) constitution contract of the requesting institution with the legal formalities or, if this has undergone alteration, the current document with the legal formalities, in the case of a limited liability company; in the case of a corporation, the articles of association of the institution and the minutes of the last board election; and d) declaration, signed by a legal representative of the requesting institution, containing the general description of the System to be adopted in the provision of custody services, indicating the company responsible for its development and maintenance.
Rua Sete de Setembro, 111/2nd Floor – Center – Rio de Janeiro - RJ – ZIP: 20050-901 – Brazil – Tel.: (21) 3554-8686 – http://www.cvm.gov.br.
Regional Superintendence of São Paulo: Rua Cincinato Braga, 340/2nd, 3rd and 4th Floors – Bela Vista – São Paulo – SP – ZIP: 01333-010 – Brazil – Tel.: (11) 2146-2000 Regional Superintendence of Brasília: SCN Q.02 – Bl. A – Ed. Corporate Financial Center – S.404/4th Floor – Brasília – DF – ZIP: 70712-900 – Brazil – Tel.: (61) 3327-2030/2031
The Superintendent of Market and Intermediary Relations – SMI – hereby, based on the provisions of § 1 of Article 21 of CVM Instruction No. 542/2013, establishes the period from May 15 to May 31, 2014 for participants of central depositories to adopt the procedures described in the previous paragraph.
Participants of central depositories that, by July 1, 2014, have not obtained the custody agent registration must submit a registration request in the form of Art. 5 of CVM Instruction No. 542/2013 and, until the authorization is obtained, must refrain from performing any acts inherent to the activity of securities custody, understood as those described in § 2 of Art. 1 of the same regulation.
At the appropriate time, the CVM will publish a schedule establishing the deadlines for participants of central depositories and institutions authorized to provide securities custody services based on CVM Instruction No. 89, of November 8, 1988, to send, via digital file, and through the CVM website on the worldwide computer network, the other documents listed in Annex 5 of CVM Instruction No. 542/2013.
Sincerely,
WALDIR DE JESUS NOBRE
Superintendent of Market and Intermediary Relations
Rua Sete de Setembro, 111/2nd Floor – Center – Rio de Janeiro - RJ – ZIP: 20050-901 – Brazil – Tel.: (21) 3554-8686 – http://www.cvm.gov.br.
Regional Superintendence of São Paulo: Rua Cincinato Braga, 340/2nd, 3rd and 4th Floors – Bela Vista – São Paulo – SP – ZIP: 01333-010 – Brazil – Tel.: (11) 2146-2000 Regional Superintendence of Brasília: SCN Q.02 – Bl. A – Ed. Corporate Financial Center – S.404/4th Floor – Brasília – DF – ZIP: 70712-900 – Brazil – Tel.: (61) 3327-2030/2031
Signature Card – CUSTODIAN
Institution / Corporate Name Account Number (CBLC USER – BROKER/CUSTODY AGENT)
Hereby represented, by its legal representatives below signed, appoints and constitutes as its attorneys the person(s) identified below, in order to represent it before the Securities and Exchange Commission - CVM. This instrument is valid until XX / XX / XXXX (maximum period of two years) and applies to the user(s) registered under CNPJ No.: XX.XXX.XXX.XXX-XX Any alterations in the accreditation or powers listed here must be immediately communicated to the CVM.
Name
Signature
CPF
POSITION
Name
Signature
CPF
POSITION
Name
Signature
CPF
POSITION
Name
Signature
CPF
POSITION
Name
Signature
CPF
POSITION
Name
Signature
CPF
POSITION
NOTE: This card will only be valid if the powers are proven through the contract, articles of association and/or corresponding mandate in accordance with Current Legislation.
Space reserved for notarization of signature.
Rua Sete de Setembro, 111/2nd Floor – Center – Rio de Janeiro - RJ – ZIP: 20050-901 – Brazil – Tel.: (21) 3554-8686 – http://www.cvm.gov.br.
Regional Superintendence of São Paulo: Rua Cincinato Braga, 340/2nd, 3rd and 4th Floors – Bela Vista – São Paulo – SP – ZIP: 01333-010 – Brazil – Tel.: (11) 2146-2000 Regional Superintendence of Brasília: SCN Q.02 – Bl. A – Ed. Corporate Financial Center – S.404/4th Floor – Brasília – DF – ZIP: 70712-900 – Brazil – Tel.: (61) 3327-2030/2031
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