CVM Instruction 128 (Revoked)

Amends the Annex to CVM Instruction No. 110, of December 28, 1989, which establishes guidelines for filling out the DARF regarding the collection of the Tax on the Regulation of Securities Markets, instituted by Law No. 7,940, of December 20, 1989.

THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION makes public that the Collegiate Board, in a session held on this date, and based on the provisions of Law No. 7,940, of December 20, 1989,

HAS DECIDED:

Art. 1. Amend the wording of the annex to CVM Instruction No. 110, of December 28, 1989.

Art. 2. This Instruction shall enter into force on the date of its publication in the Official Gazette of the Union, with the provisions to the contrary revoked.

Signed original by
LUIZ LEONARDO CANTIDIANO
Acting President

GUIDELINES FOR FILLING OUT THE DARF
TAX ON THE REGULATION OF SECURITIES MARKETS LAW NO. 7,940/89, OF DECEMBER 20, 1989.

1. Number of copies to be filled out: 2 (two)

2. Destination of the copies:
   1st copy - processing
   2nd copy - taxpayer

3. Payment:
   At any banking establishment of the federal revenue collection network.

4. Filling out the DARF:

FIELD CONTENT
01 - In the case of a legal entity:
Stamp of the CGC, covering the entire shaded space, in a legible manner. In the case of a natural person:
fill in with the CPF number.

02 - Do not fill in.

03 - Fill in with the due date of the tax obligation, corresponding to the last business day of the first ten-day period of the quarter to which it refers. In the case of table "D", fill in with the date of actual payment. Note: Even if the tax payment is made late, the date to be informed in this field will continue to be the due date of the tax.

04 - Fill in with the decade of the civil year to which the Regulation Tax refers.

05 - Fill in with the number of the quarter in which the taxable event occurred, separated by a slash from the decade of the corresponding year. In the case of table "D", do not fill in. Example:
tax referring to fill in with
1st quarter of 1990 1/90
2nd quarter of 1990 2/90
3rd quarter of 1990 3/90
4th quarter of 1990 4/90

06 - Do not fill in.

07 - Fill in with the corresponding code according to the Contributor Table described at the end of this annex.

08 - Fill in with code 0013.

09 - Do not fill in.

10 - In the case of tables "A", "B" and "C":

• Payment within the legal deadline:
  Fill in with the value of the Tax, in cruzeiros, obtained by multiplying the quantity of BTNs due by the nominal value of the BTN in the month in which the Tax is due.
• Payment outside the legal deadline:
  Fill in with the value of the Tax, in cruzeiros, obtained by multiplying the quantity of BTNs due by the fiscal value of the BTN on the date of actual payment. In the case of table "D":
  Fill in with the value of the Tax, in cruzeiros, obtained by applying the corresponding rate to the requested registration on the value of the issuance, distribution, or public offering.

11 - Do not fill in.

12 - Fill in with the value of the fine, in cruzeiros, if due in accordance with Art. 5 of Law No. 7,940/89.

13 - Fill in with the value of late interest in cruzeiros, if due, in accordance with Art. 5 of Law No. 7,940/89.

14 - Fill in with the sum of fields 10, 12, and 13.

15 - Do not fill in.

16 - Fill in with:
the name or corporate name of the taxpayer The table and species in which the taxpayer is classified The value of Shareholders' Equity, in BTNs, considered by the taxpayer if applicable The number of establishments of the taxpayer, in the case of an independent auditor who is a legal entity.

example:
Company xxxxxx s/a
Table A - Open Company
Shareholders' Equity: 10,000,000 BTNs

Note:
a) The payment of complementary installments, referring to previous payments made in a lower amount, must be made in a DARF separate from those referring to the tax due quarterly; b) Deduction of values in subsequent DARFs for previous payments made in a higher amount will not be permitted. Reimbursement will occur according to instructions from the Federal Revenue Department.

CONTRIBUTOR TABLE code for filling out field 07 of the DARF CODE CONTRIBUTOR/TAXABLE EVENT TYPE OF PAYMENT

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1007 Open companies quarterly tax
1015 Open companies difference complement

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1104 Incentivized Companies quarterly tax 1112 Incentivized Companies difference complement

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1201 Brokers quarterly tax
1210 Brokers difference complement

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1309 Investment Banks quarterly tax
1317 Investment Banks difference complement

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1406 Stock and Futures Exchanges quarterly tax 1414 Stock and Futures Exchanges difference complement

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1503 Distributors quarterly tax
1511 Distributors difference complement

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1600 Multiple Banks with Investment Portfolios quarterly tax 1619 Multiple Banks with Investment Portfolios difference complement

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1708 Mutual Equity Fund quarterly tax 1716 Mutual Equity Fund difference complement

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1805 Conversion Fund quarterly tax
(free area)
1813 Conversion Fund difference complement (free area)

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1902 Conversion Fund quarterly tax
(incentivized area)
1910 Conversion Fund difference complement (incentivized area)

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2003 Investment Fund quarterly tax
2011 Investment Fund difference complement

CONTRIBUTOR TABLE code for filling out field 07 of the DARF CODE CONTRIBUTOR/TAXABLE EVENT TYPE OF PAYMENT

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2100 Securities and quarterly tax
Securities Portfolios
2119 Securities and difference complement Securities Portfolios

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2208 Independent auditor quarterly tax natural person 2216 Independent auditor difference complement natural person

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2305 Provider of book-entry quarterly tax shares services 2313 Provider of book-entry difference complement shares services

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2402 Provider of fungible custody quarterly tax services 2410 Provider of fungible custody difference complement services

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2500 Provider of certificate issuance quarterly tax services 2518 Provider of certificate issuance difference complement services

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2607 Provider of portfolio management quarterly tax services 2615 Provider of portfolio management difference complement services

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2704 Securities Consultant quarterly tax 2712 Securities Consultant difference complement

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2801 Independent auditor quarterly tax legal entity 2810 Independent auditor difference complement legal entity

CONTRIBUTOR TABLE code for filling out field 07 of the DARF CODE CONTRIBUTOR/TAXABLE EVENT TYPE OF PAYMENT

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2909 Issuance of shares for normal quarterly tax public distribution 2917 Issuance of shares for difference complement public distribution

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3000 Issuance of debentures for normal quarterly tax public distribution 3018 Issuance of debentures for difference complement public distribution

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3107 Issuance of warrants for normal quarterly tax public distribution 3115 Issuance of warrants for difference complement public distribution

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3204 Registration of secondary quarterly tax distribution 3212 Registration of secondary difference complement distribution

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3301 Registration of public offers for quarterly tax purchase, sale, and exchange 3310 Registration of public offers for difference complement purchase, sale, and exchange securities