Rule · CVM · 19 Dec 2006
This instruction amends Articles 39 and 40-A of CVM Instruction 356 and Article 9 of CVM Instruction 414, requiring fund administrators without custody accreditation to hire accredited institutions and mandating daily compliance with specific percentage thresholds based on the previous business day's net asset value. It exempts public distributions of Real Estate Receivables Certificates (CRI) from intermediary institution participation when raising amounts up to R$ 30,000,000.00 or meeting specific criteria, while revoking Articles 2 and 3 of the original instruction. The regulation applies to fund administrators and entities issuing CRI, entering into force upon publication in the Official Gazette.
CVM INSTRUCTION NO. 446, OF DECEMBER 19, 2006, WITH AMENDMENTS FROM CVM RESOLUTION NO. 60/21.
Amends CVM Instruction No. 356, of December 17, 2001, and CVM Instruction No. 414, of December 30, 2004.
THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION – CVM makes public that the Collegiate Body, in a meeting held on this date, having regard to the provisions of Articles 2, item IX, and 8, item I, of Law No. 6,385, of December 7, 1976, HAS RESOLVED to issue the following Instruction:
Art. 1. Articles 39 and 40-A of CVM Instruction No. 356, of December 17, 2001, shall enter into force with the following wording:
“Art. 39......
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§ 2. If the fund administrator is not accredited by the CVM to provide custody services, it must hire an accredited institution for this activity. ......” (NR)
“Art. 40-A......
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§ 8. The percentages referred to in this article must be complied with daily, based on the fund’s net asset value on the immediately preceding business day.” (NR)
Art. 2. Article 9 of CVM Instruction No. 414, of December 30, 2004, shall enter into force with the following wording:
“Art. 9. The public distribution offer of CRI shall be conducted in observance of the provisions of CVM Instruction No. 400, of December 29, 2003, with the participation of an intermediary institution being waived in public distribution offers of CRI for raising amounts not exceeding R$ 30,000,000.00 (thirty million Reais), or that meet the provisions of items I or II of § 4 of Article 5 of this Instruction.” (NR)
Art. 2. REVOKED
Art. 3. Articles 9, 10, and 11 of Article 40 of CVM Instruction No. 356, of December 17, 2001, are revoked.
Art. 4. This Instruction enters into force on the date of its publication in the Official Gazette of the Union.
CVM DELIBERATION NO. 513, OF DECEMBER 18, 2006.
2
Original signed by
MARCELO FERNANDEZ TRINDADE
President
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