Rule · CVM · 7 Dec 1993
Independent auditors must register with the Securities and Exchange Commission, proving five years of auditing experience and maintaining licensed offices. They must submit annual information by April 30, including client lists, revenue, and employee counts, and notify contract cancellations within 20 days. Auditors must update registration details within 30 days of any change and retain working papers for five years. They must report discrepancies between published statements and audit opinions within 10 days and resign if independence norms are infringed.
CVM INSTRUCTION NO. 204, OF DECEMBER 7, 1993.
Provides for the registration and exercise of the activity of independent auditing within the scope of the securities market, defines the duties and responsibilities of independent auditors, as well as the cases in which registration may be refused, suspended, or cancelled, and alters and consolidates CVM Instructions No. 04, of October 24, 1978, No. 38, of September 13, 1984, and No. 145, of May 10, 1991.
THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION makes public that the Collegiate Body, in a meeting held on this date, based on Articles 1, item V, 22, sole paragraph, item IV, and 26, paragraphs 1 and 2, of Law No. 6.385, of December 7, 1976, and having in view the provisions of Article 177, paragraph 3 of Law No. 6.404, of December 15, 1976, resolved to issue the following Instruction:
REGISTRATION, ITS CATEGORIES AND CONDITIONS
Art. 1 The independent auditor, to exercise activity within the scope of the securities market, is subject to registration with the Securities and Exchange Commission, regulated by this Instruction.
Art. 2 The registration of independent auditor with the Securities and Exchange Commission is exclusive to the accountant and to a civil society constituted exclusively for the provision of professional auditing services and other services inherent to the accounting profession, respectively registered and enrolled in the Regional Council of Accounting, and that satisfy the conditions set forth in this Instruction.
Art. 3 The registration of independent auditor comprises two categories:
I - "Independent Auditor - Individual", conferred upon the accountant who satisfies the requirements provided for in Articles 4 and 11 or 13 of this Instruction.
II - "Independent Auditor - Legal Entity", conferred upon the society constituted in the form of a civil society that satisfies the requirements provided for in Articles 5 and 12 of this Instruction.
Sole paragraph. The Securities and Exchange Commission shall also maintain a registry of technical managers with authority to sign audit reports, on behalf of each society, within the scope of the securities market.
Art. 4 For the purpose of registration in the category of "Independent Auditor - Individual", the interested party must prove, cumulatively:
I - be registered with the Regional Council of Accounting, in the category of accountant; II - have exercised the activity of auditing financial statements, within the national territory, for a period of no less than 5 (five) years, consecutive or not, counted from the date of registration with the Regional Council of Accounting, in the category of accountant, except as provided in Article 6. III - be exercising the activity of independent auditing, maintaining a professional office legally licensed, in his own name, with facilities compatible with the exercise of the activity, under conditions that guarantee the custody, security, and confidentiality of documents and information resulting from this activity, as well as absolute privacy in dealings with its clients.
Art. 5 For the purpose of registration in the category of "Independent Auditor - Legal Entity", the interested party must prove, cumulatively:
I - be enrolled in the Civil Registry of Legal Entities, in the form of a civil society, constituted exclusively for the provision of professional auditing services and other services inherent to the accounting profession; II - all partners be accountants; III - the articles of association, or equivalent constitutive act, contain a clause providing that the society shall be liable for the repair of damage caused to third parties, through fault or intent, in the exercise of professional activity, and that the partners shall be jointly and severally liable, without limit, for social obligations, after the exhaustion of the society's assets; IV - be enrolled, as well as its partners and registered technical managers, with the Regional Council of Accounting; V - the technical managers with authority to issue and sign audit reports on behalf of the society, have exercised the activity of auditing financial statements within the national territory, for a period of no less than 5 (five) years, consecutive or not, counted from the date of registration with the Regional Council of Accounting, in the category of accountant, except as provided in Article 6; VI - at least half of the partners be registered as technical managers with this Commission. VII - maintain a professional office legally licensed, in the name of the society, with facilities compatible with the exercise of the activity of independent auditing, under conditions that guarantee the custody, security, and confidentiality of documents and information resulting from this activity, as well as absolute privacy in dealings with its clients.
VIII - the articles of association contain a clause attributing to one of the partners the function of responsible person, before the Securities and Exchange Commission, for providing clarifications related to the compliance with this Instruction.
Art. 6 The period of exercise of the activity of auditing financial statements, counted from the date of registration with the Regional Council of Accounting and provided for in items II of Article 4 and V of Article 5, may be reduced to up to 3 (three) years, at the discretion of the Securities and Exchange Commission, if the interested party proves:
I - the successful completion of a specific master's course in accounting, organized in the manner of the relevant legislation of the Federal Council of Education; II - have exercised abroad, for the period necessary to complete the minimum period of 5 (five) years, the activity of auditing financial statements, in the manner of the legislation that regulates the exercise of the profession in the country where this activity was exercised; III - have exercised, prior to registration with the Regional Council of Accounting, in the forms provided for in items III and IV of Article 14 of this Instruction, for the period necessary to complete a minimum period of 5 (five) years, the activity of auditing financial statements, with proof of having been attending the Faculty of Accounting Sciences during that period. Sole paragraph. The period provided for in the caput of this article may be reduced to up to 01 (one) year, when the exercise of the auditing activity has been exercised in a country that is part of the Southern Common Market - MERCOSUR, applying, however, the provisions of item II of this article.
PROCEDURES AND NECESSARY DOCUMENTS
Art. 7 The application for registration as an independent auditor shall be subject to examination by the Securities and Exchange Commission, which may require the completion of the documents initially presented, their update at any time, as well as the presentation of other documents it deems necessary for the examination of the process. §1 The period for granting registration is 30 (thirty) days from the date of protocol entry of the application with the Securities and Exchange Commission, duly accompanied and documented. After this period has elapsed, without any contrary manifestation from the Securities and Exchange Commission, the application shall be automatically approved, and the interested party may request the issuance of the respective Declaratory Act. §2 The period referred to in paragraph 1 shall be suspended only once if the CVM requests information or additional document necessary for the examination of the registration application, or conditions it to modifications in the relevant documentation.
§3 A period not exceeding sixty days shall be granted, counted from the receipt by the applicant of the respective correspondence, to meet any requirements, under penalty of the application being denied.
§4 The CVM is assured, for final manifestation, a period corresponding to 05 (five) business days, if the remainder of the period provided for in paragraph 1 is less.
Art. 8 Once the application is granted, the Securities and Exchange Commission shall issue the competent Declaratory Act, which shall be published in the Official Gazette of the Union.
Art. 9 If the application is denied, the Securities and Exchange Commission shall notify the interested party by correspondence, with clarification of the reasons that led to the denial.
Art. 10. From the denying decision, a voluntary appeal may be filed to the Collegiate Body of the Securities and Exchange Commission, in accordance with the norms in force.
Art. 11. The application for registration of "Independent Auditor - Individual" shall be accompanied by the following documents:
I - request (Annex I);
II - copy of the accountant's identity card, in the category of accountant, or equivalent certificate issued by the Regional Council of Accounting; III - registration information (Annex II); IV - copy of the License for Location and Operation or equivalent competent document, issued by the Municipal Prefecture of the applicant's domicile, which proves each legally licensed office in his own name; V - proof of the exercise of the auditing activity; VI) legal declaration (Annex III).
Art. 12. The application for registration of "Independent Auditor - Legal Entity" shall be accompanied by the following documents:
I - request (Annex IV);
II - transcript or certificate of the instrument of articles of association, or equivalent constitutive act, and subsequent amendments, with proof of enrollment and filing with the Civil Registry of Legal Entities, and enrollment with the Regional Council of Accounting; III - list of addresses of the headquarters and offices, if applicable; IV - list of affiliated entities, considering the concept of related parties defined in CVM Deliberation No. 26/86, and associated entities, including abroad, indicating their respective areas of operation; V - copy of the License for Location and Operation or equivalent competent document, issued by the Prefecture, of the headquarters and offices, if applicable, which proves their legalization; VI - number of registration in the General Register of Contributors of the Ministry of Finance, of the headquarters and offices, if applicable; VII - copy of the License issued by the Regional Council of Accounting, of the headquarters and offices, if applicable; VIII - copy of the accountant's identity card, in the category of accountant, or equivalent certificate issued by the Regional Council of Accounting, of the partners and technical managers; IX - registration information of the partners and technical managers (Annex II); X - proof of the exercise of the auditing activity of the technical managers; XI - legal declaration (Annex V).
Art. 13. The application for registration in the category of "Independent Auditor - Individual", of a professional registered with this Commission, who has ceased to be part of the technical staff of an "Independent Auditor - Legal Entity" registered with the Securities and Exchange Commission, shall be accompanied by the following documents:
I - request (Annex I);
II - proof of having disengaged from "Independent Auditor - Legal Entity"; III - copy of the License for Location and Operation or equivalent competent document, issued by the Municipal Prefecture, which proves the legally licensed office in his own name; IV - registration information (Annex II); and
V - legal declaration (Annex III).
Art. 14. The exercise of the auditing activity, as required in Articles 4, 5, and 6, may be proven through the presentation of the following documents:
I - excerpts of audit reports issued and signed by the interested party, which have been published in newspapers and specialized magazines, one excerpt being sufficient for each year; II - copies of long-form audit reports, issued and signed by the interested party, duly authenticated and accompanied by authorization from the audited entity, with the specific purpose of presentation to the Securities and Exchange Commission, one report being sufficient for each year; III - copy of the individual employee registration or declaration of the auditing society, and copy of the work card proving having been part of the technical staff of an auditing society registered with the Securities and Exchange Commission; IV - declaration from a public entity, government agency, mixed-economy society, or reputable medium or large private company, in which he held a position or function of auditor, proving experience in auditing financial statements work.
§1 The proof of compliance with the provisions of this article may be by partial periods, consecutive or not, provided that the sum of the period of exercise of activity is not less than 5 (five) years, except as provided in Article 6 of this Instruction.
§2 In the cases provided for in items III and IV of this article, the interested party must prove the exercise, for a minimum period of 2 (two) years, in a position of direction, management, or supervision in the area of auditing financial statements.
CASES OF REFUSAL, SUSPENSION AND AUTOMATIC CANCELLATION
Art. 15. The registration of independent auditor with the Securities and Exchange Commission shall be refused if the conditions established in Articles 4, 5, 6, 11, 12, 13 and 14 of this Instruction are not satisfied, as the case may be.
Art. 16. Registration shall not be permitted, in the category of "Independent Auditor - Individual", of an accountant who is a partner, director, or technical manager or who has an employment link with "Independent Auditor - Legal Entity".
Art. 17. The "Independent Auditor - Individual", the technical manager partner of the "Independent Auditor - Legal Entity" and the "Independent Auditor - Legal Entity" may have their registration with the Securities and Exchange Commission cancelled or provisionally suspended, until the update of the documents and information required by this Instruction, when applicable, independently of the realization of an administrative inquiry and without prejudice to other legal sanctions applicable, in the cases where:
I - the falsity of the documents or declarations presented to obtain registration with the CVM is proven; II - subsequently to registration, any of the conditions necessary for its granting are not complied with or a situation provided for as impeding its obtaining is incurred; III - suffer a penalty of suspension or exclusion applied by the profession's regulatory body, in accordance with communication from the Regional Council of Accounting to which it is subject.
Sole paragraph. The Securities and Exchange Commission shall notify the independent auditor of the decision to suspend or cancel his registration, in accordance with this article, granting him a period of 10 (ten) business days, counted from the date of receipt of the communication, to present his reasons for defense or to regularize his registration, and an appeal shall also be available in accordance with Article 10 of this Instruction.
Art. 18. The application for registration as "Independent Auditor - Individual" and "Independent Auditor - Legal Entity" may be refused, when the application includes the name of an accountant who, in accordance with Articles 17 and 33 of this Instruction, has had his registration cancelled or suspended by the Securities and Exchange Commission.
Art. 19. The Securities and Exchange Commission shall make known, in publication in the "Official Gazette of the Union", the registration of an independent auditor cancelled or provisionally suspended, and shall notify, when applicable, the occurrence to the relevant Regional Council of Accounting.
Sole paragraph. In the case of cancellation, the documents and declarations presented to obtain and maintain the registration shall be available to the interested party for a period of 60 (sixty) days, after which they may be destroyed.
PERIODIC INFORMATION
Art. 20. The "Independent Auditor - Individual" and the "Independent Auditor - Legal Entity" shall annually submit, by the last business day of the month of April, the following information relating to the previous exercise:
I - nominal list of entities registered with the Securities and Exchange Commission for which it provides independent auditing service, divided into open companies, institutions, societies or entities that are part of the securities market and entities benefiting from tax incentives, indicating, furthermore, the date of new contracts entered into;
II - quantity of entities not classifiable under item I of this article, for which it provides independent auditing services; III - annual revenue from auditing services and total hours worked, with respect to the entities referred to in item I; IV - number of permanent employees, technical and administrative, separately; V - alterations that may have occurred in the relationship of associated or affiliated entities and their respective areas of operation (art. 12, item IV); VI - continuing education policy developed in the exercise (course, seminar, training, that has participated in and/or carried out for its staff of Auditors).
Art. 21. Independent auditors shall also communicate, within a period of 20 (twenty) days, counted from the date of its occurrence, the cancellation of auditing contracts with the entities referred to in item I of art. 20, indicating the reasons that determined the cancellation and the stage in which the auditing work was located.
Art. 22. Without prejudice to, at any time, the Securities and Exchange Commission being able to require the update of any documents, the "Independent Auditor - Individual" and the "Independent Auditor - Legal Entity" shall update the information required in Articles 11, 12 and 13 of this Instruction, within a period of 30 (thirty) days, counted from its occurrence.
Art. 23. The independent auditor who does not keep his registry updated, nor present the information required by this Instruction, shall be subject to a daily coercive fine of 69.20 (sixty-nine point twenty) times the value of the Daily Fiscal Reference Unit (UFIR), which shall apply from the 1st (first) business day subsequent to the end of the periods provided for.
EXERCISE OF THE ACTIVITY OF AUDITING IN THE SECURITIES MARKET NORMS
Art. 24. The independent auditor, in the exercise of his activity within the scope of the securities market, must comply, by himself and by his legal representatives, and make his employees and agents comply, with the specific norms emanating from the Securities and Exchange Commission, in addition to the norms and procedures that regulate the professional activity of independent auditing.
Art. 25. The "Independent Auditor - Individual" and the "Independent Auditor - Legal Entity", all its partners and other members of the technical staff must also observe the norms emanating from the Federal Council of Accounting, insofar as they do not conflict with the acts of this Commission, with respect to conduct, the exercise of the activity, and the issuance of opinions and audit reports.
Art. 26. Audit reports and documents intended to satisfy the requirements of the Securities and Exchange Commission must be issued and signed with the indication of the unique professional category and the registration number with the Regional Council of Accounting, when Individual, or with the indication of the professional category, the registration number with the Regional Council of Accounting of the technical manager and the registration number of the society, when Legal Entity.
GROUNDS FOR IMPEDIMENT (PROHIBITIONS)
Art. 27. An auditor who, in the period to which the audit refers, or during the execution of the service, with respect to the audited entity, its controlled, controlling or integrated entities of the same group, has infringed the independence norms, issued by the Federal Council of Accounting, may not perform independent auditing.
Sole paragraph. The provisions of this article also apply to all partners and members of the technical staff of the "Independent Auditor - Legal Entity".
Art. 28. The independent auditor must resign from the function in the occurrence of impediment, under the conditions provided for in Article 27.
DUTIES AND RESPONSIBILITIES OF INDEPENDENT AUDITORS
Art. 29. The duties of the independent auditor in the exercise of his activities within the scope of the securities market are:
I - verify if the information and analyses presented in the management report are in consonance with the audited financial statements and inform the Securities and Exchange Commission if they are not; II - prepare a detailed report, to be addressed to the management of the audited entity, containing observations regarding the deficiencies or inefficacy of the internal controls and accounting procedures of the audited entity; III - pay attention to the circumstances that may constitute acts practiced by the administrators in disagreement with the legal and regulatory provisions applicable to the activities of the audited entity and/or relating to its condition as an entity integrated into the securities market, acts that have, or may come to have, reflections on the audited financial statements and eventual impacts on the entity's operations; IV - keep in good custody, for a period of 05 (five) years, all documentation, correspondence, working papers, reports and opinions related to the exercise of its functions;
CVM INSTRUCTION NO. 204, OF DECEMBER 7, 1993.
V - grant access to the Securities and Exchange Commission's (CVM) oversight to all its documents that served as the basis for the issuance of the audit report;
VI - make it possible, in the case of replacement by another auditor, preserving confidentiality aspects and obtaining prior consent from the audited entity, access for the new contracted auditor to the documents and information that served as the basis for the issuance of the last audit report;
VII - communicate to the Securities and Exchange Commission, within a maximum period of 10 (ten) days from the occurrence of the fact, cases in which the accounting statements or the audit report published in the newspapers where their publication is mandatory are in disagreement with the audited accounting statements or with the opinion originally issued;
VIII - When issuing an adverse opinion or with reservations, clearly indicate which specific accounts or subgroups of assets, liabilities, results, and equity are affected and by how much, as well as the effects on dividends and earnings/loss per share.
DUTIES AND RESPONSIBILITIES OF ADMINISTRATORS IN RELATIONSHIP WITH INDEPENDENT AUDITORS
Art. 30. The entity, when contracting independent audit services, must provide the auditor with all elements and conditions necessary for the perfect performance of its functions.
§1º The administrators must inform the independent auditor, in writing, without prejudice to its adequate disclosure in a note explanatory to the accounting statements, of the existence or non-existence of facts not contained in the accounting records that may be affecting, or may come to affect, the accounting statements.
§2º The responsibility of the administrators of the audited entities for the information contained in the accounting statements or in the declarations provided does not eliminate the responsibility of the independent auditor regarding its opinion, nor does it exempt it from adopting the audit procedures required in the circumstances.
§3º The administrators of the audited entities are also responsible for the eventual hiring of independent auditors who do not meet the independence conditions provided for in article 27.
§4º Without prejudice to the applicable legal sanctions, if the lack of independence condition of the auditor is found, the work performed will be considered void, and the entity will hire another independent auditor.
§5º The audited entity must provide the independent auditor with the management responsibility letter, in accordance with the norms issued by the Federal Council of Accounting.
CVM INSTRUCTION NO. 204, OF DECEMBER 7, 1993.
ADMINISTRATIVE PENALTIES
Art. 31. Non-compliance with the provisions contained in this Instruction subjects its offenders to the penalties provided for in article 11 of Law No. 6.385, of December 7, 1976, constituting a serious offense, for the purposes of paragraph 3 of said article 11, the non-compliance with the provisions of articles 24, 25, 27, 29, items I to III, and 30, paragraph 3º, of this Instruction.
Art. 32. The non-compliance with articles 26, 29, items IV to VII, and 30, paragraphs 1º and 5º, as well as the repeated non-compliance with the provisions of articles 20 and 21 of this Instruction, constitute hypotheses of objective nature infractions, in which the summary procedure of the administrative process may be adopted.
Sole Paragraph. The summary procedure will not be adopted in cases of specific or generic recidivism.
FINAL AND TRANSITORY PROVISIONS
Art. 33. The "Independent Auditor - Individual" and the "Independent Auditor - Legal Entity" registered with the Securities and Exchange Commission, in accordance with CVM Instruction No. 04, of October 24, 1978, are assured, independently of any formality, the maintenance of their registration with this commission.
Sole Paragraph. The Independent Auditors - Legal Entities, registered with this Commission, are assured periods of 02 (two) years and 06 (six) months, counted from the date of publication of this Instruction, to adapt, respectively, to items VI and VIII of article 5º of this Instruction.
Art. 34. This Instruction will enter into force on the date of its publication, with CVM Instructions No. 04, of October 24, 1978 and CVM No. 38, of September 13, 1984, item XI, letters "a" to "d", of article 1º of CVM Instruction No. 135, of November 16, 1990, and CVM Instruction No. 145, of May 10, 1991, revoked.
Original signed by
LUIZ CARLOS PIVA
President
CVM INSTRUCTION NO. 204, OF DECEMBER 7, 1993.
ANNEX I
Application for registration of "Independent Auditor - Individual".
TO
SECURITIES AND EXCHANGE COMMISSION
Rio de Janeiro - RJ
(Full Name) requests the registration of "Independent Auditor - Individual", for which it attaches:
. copy of the accountant's ID card, in the category of accountant, or equivalent certificate from the Regional Council of Accounting, indicating the date of homologation of the registration in the category of accountant; . cadastral information (Annex II); . copy of the License for Location and Operation or equivalent competent document, issued by the Municipal Prefecture; . proof of the exercise of the auditing activity, in accordance with article 14; . copy of the completion certificate, with approval, of an accounting course at the master's level (if applicable); . legal declaration (Annex III); and . proof of having detached from the roster of auditors of "Independent Auditor - Legal Entity" (if applicable).
Signature
CRC - No.
CVM INSTRUCTION NO. 204, OF DECEMBER 7, 1993.
ANNEX II
CADASTRAL INFORMATION
CVM INSTRUCTION NO. 204, OF DECEMBER 7, 1993.
Signature
CRC – No.
CVM INSTRUCTION NO. 204, OF DECEMBER 7, 1993.
ANNEX III
LEGAL DECLARATION
(Full Name), for the purposes of registration of "Independent Auditor - Individual" with the Securities and Exchange Commission, declares that:
. has not suffered a penalty of suspension or exclusion by the Regional Councils of Accounting and is regularized with that body; . has not had a title protested for lack of acceptance or payment, nor has suffered a fiscal or mortgage execution process; . has not been declared insolvent by judicial sentence, nor definitively convicted in a criminal process of an infamating nature or for a crime or misdemeanor of economic content; . has not suffered a penalty impeding access to public office, nor loss of civil capacity judged by sentence; . has not belonged nor belongs to the administration of a society that has had protested titles, or that has been held liable in a judicial action; . has not gone bankrupt nor requested judicial reorganization, and has not participated as a partner nor integrated the administration of a bankrupt or reorganizing society; . has not integrated nor integrates bodies of administration of a society that has been or is in extrajudicial liquidation or under government intervention; . has not been declared ineligible for administrative positions in an institution authorized to operate by the Central Bank of Brazil, Superintendence of Private Insurance, nor convicted in an administrative inquiry instituted by the Securities and Exchange Commission; . is not responding to a process associated with any penalty or type of conviction previously cited; . has an office compatible with the exercise of the independent auditing activity; . the documents and information presented for registration purposes are true, and any errors or omissions may be considered as indications or proof of false declaration, with the Securities and Exchange Commission authorized to use this legal declaration in court or out of it.
CVM INSTRUCTION NO. 204, OF DECEMBER 7, 1993.
Signature
CRC – No.
OBSERVATIONS:
CVM INSTRUCTION NO. 204, OF DECEMBER 7, 1993.
ANNEX IV
Application for registration of "Independent Auditor - Legal Entity"
TO
SECURITIES AND EXCHANGE COMMISSION (Rio de Janeiro - RJ)
(Name of the society requests the registration of "Independent Auditor – Legal Entity" for which it attaches:
. transcript or certificate of the instrument of the social contract, or equivalent constitutive act and subsequent alterations registered in the Registry of Civil Legal Entities and in the Regional Council of Accounting.
. list of addresses, phones, telex, and fax of the headquarters and offices; . list of associated entities and their respective areas of operation.
. registration number in the General Register of Taxpayers of the Ministry of Finance, of the headquarters and offices; . copy of the License for Location and Operation or equivalent competent document, issued by the Municipal Prefecture of the headquarters and offices; . copy of the License issued by the Regional Council of Accounting, of the headquarters and offices; . Cadastral Information of the partners (Annex II); . list, accompanied by the Cadastral Information (Annex II), of the technical managers who integrate the roster of auditors with powers to issue and sign audit reports on behalf of the society; . proof of the exercise of the auditing activity of the partners who integrate the roster of auditors with powers to issue and sign audit reports on behalf of the society; . copy of the Accountant's ID card, in the category of accountant, or equivalent certificate issued by the Regional Council of Accounting of all partners and technical managers. . legal declaration.
CVM INSTRUCTION NO. 204, OF DECEMBER 7, 1993.
Signature
CRC – No.
CVM INSTRUCTION NO. 204, OF DECEMBER 7, 1993.
ANNEX V
LEGAL DECLARATION
(Name of the society), for the purposes of registration of "Independent Auditor - Legal Entity" with the Securities and Exchange Commission, declares:
Regarding the society:
. has not suffered a penalty by the Regional Councils of Accounting and is in regular status with that body; . has not had a title protested for lack of acceptance or payment, nor has suffered a fiscal or mortgage execution process.
. has an office compatible with the independent auditing activity.
Regarding the partners and technical managers who integrate the roster of auditors with powers to issue and sign audit reports on behalf of the society:
. have not suffered a penalty of suspension or exclusion by the Regional Councils of Accounting and are regularized with that body; . have not had a title protested for lack of acceptance or payment, nor have suffered a fiscal or mortgage execution process. . have not been declared insolvent by judicial sentence nor definitively convicted in a criminal process of an infamating nature or for a crime or misdemeanor of economic content; . have not suffered a penalty impeding access to public office, nor loss of civil capacity judged by sentence; . have not belonged nor belong to the administration of a society that has protested titles, or that has been held liable in a judicial action; . have not gone bankrupt, have not requested judicial reorganization, have not participated as a partner, nor have integrated the administration of a bankrupt or reorganizing society; . have not integrated nor integrate bodies of administration of a society that has been or is in extrajudicial liquidation or under government intervention.
CVM INSTRUCTION NO. 204, OF DECEMBER 7, 1993.
. have not been declared ineligible for administrative positions in an institution authorized to operate by the Central Bank of Brazil or by the Superintendence of Private Insurance, nor convicted in an administrative inquiry instituted by the Securities and Exchange Commission. . are not responding to a process associated with any penalty or type of conviction previously cited; . the documents and information presented for registration purposes are true, and any errors or omissions may be considered as indications or proof of false declaration, with the Securities and Exchange Commission authorized to use this legal declaration in court or out of it.
Signature
CRC – No.
OBSERVATIONS:
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Amended 1 time · last 1994-06-29
This document amends: CVM Instruction No. 145 (Revoked)
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