Rule · CVM · 12 Mar 1998
Independent auditors registered with the CVM must submit annual information via Annex VI by the last business day of April, signing the document before the CVM. They must also send updated registration details, including amendments to articles of association and new partner identities, within thirty days of any change. This instruction amends Articles 20, 22, and 23 of CVM Instruction No. 216/94 and enters into force upon publication in the Official Gazette of the Union. Non-compliance triggers daily fines of R$ 100 for failing to provide Art. 22 documents and R$ 200 for failing to provide Art. 20 information.
CVM INSTRUCTION NO. 275, OF MARCH 12, 1998.
Amends Arts. 20, 22 and 23 of CVM Instruction No. 216, of June 29, 1994.
THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION - CVM makes public that the Collegiate Board, in a meeting held on this date, based on item V of Art. 1 of Law No. 6,385, of December 7, 1976, item II of Art. 9 of the same law, as amended by Art. 2 of Provisional Measure No. 1,637-2, of January 8, 1998; and Art. 26, §1, all of the same law, RESOLVED to issue the following Instruction:
Art. 1. Arts. 20, 22 and 23 of CVM Instruction No. 216/94 shall enter into force with the following wording:
“Art. 20. Independent auditors registered with the CVM shall annually submit, by the last business day of April, the information requested in Annex VI to this Instruction.”
“Art. 22. Without prejudice to the CVM’s ability to demand the update of any documents and information at any time, independent auditors shall, whenever there is a change, send to the CVM, within thirty days from the date of its occurrence, the following documents:
I - registration information (Annex II);
II - transcript, certificate or copy of the amendments to the articles of association, with proof of registration and filing with the Civil Registry of Legal Entities and the Regional Council of Accounting;
III - copy of the accountant’s identity card or equivalent certificate of the new partners or technical managers.”
“Art. 23. Independent auditors who do not keep their registration up to date, nor present the clarifications and information requested by this CVM, shall be subject to a daily penalty fine, observing the following values:
I - fine of R$ 100.00 (one hundred reais) - for failure to present the information and documents required in Art. 22 of this Instruction;
II - fine of R$ 200.00 (two hundred reais) - for failure to present the information and documents required in Art. 20 of this Instruction.”
Art. 2. This Instruction enters into force on the date of its publication in the Official Gazette of the Union.
Signed original by
FRANCISCO DA COSTA E SILVA
President
CVM INSTRUCTION NO. 275, OF MARCH 12, 1998.
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ANNEX VI
ANNUAL INFORMATION
Identification of the independent auditor:
1.a) full name (if natural person); or
1.b) corporate name (if legal entity);
1.c) address (if legal entity; also list the addresses of branches); and 1.d) name of the partner(s) representing before the CVM (in the case of a legal entity)
Update of documents:
(the documents listed below shall be presented only for cases where there is a change of registered office address and/or when there is installation or change of address of a branch, in the previous year);
2.a) copy of the Location Permit or equivalent competent document, issued by the Municipal City Hall; 2.b) copy of the registration with the CGC-MF (registration card or equivalent competent document); and 2.c) copy of the Registration Permit issued by the CRC or equivalent competent document.
3.a) Public Companies:
Public Companies (1) date (2) +10% (3)
CVM INSTRUCTION NO. 275, OF MARCH 12, 1998.
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(1) list in alphabetical order, regardless of the line of business, all companies registered with the CVM, with securities traded on a stock exchange, organized over-the-counter market or over-the-counter market;
(2) in the case of the first audit, indicate the date of the contract;
(3) indicate the percentage of participation in relation to total revenue when it is greater than 10%.
3.b) Members of the Securities Market:
Members of the SSM (4) date (5) +10% (6)
(4) list the institutions, societies or entities that make up the securities market, namely: Stock Exchange, Securities Brokers, Securities Distributors, Foreign Capital Conversion Funds, Mutual Equity Funds, Foreign Capital Investment Funds, Providers of Fungible Custody Services, Foreign Capital Investment Societies, Providers of Certificate Issuance Services, Providers of Portfolio Administration Services, Privatization Funds, Real Estate Funds, Emerging Companies Funds, Companies Issuing Certificates of Investment in the Audiovisual Area;
(5) in the case of the first audit, indicate the date of the contract;
(6) indicate the percentage of participation in relation to total revenue when it is greater than 10%;
3.c) Incentivized Companies:
Incentivized Companies (7) date (8) +10% (9)
(7) list the companies benefiting from tax incentives, provided for in Law 8,167/91, as set forth in Decree-Law 2,298/86.
CVM INSTRUCTION NO. 275, OF MARCH 12, 1998.
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(8) in the case of the first audit, indicate the date of the contract.
(9) indicate the percentage of participation in relation to total revenue when it is greater than 10%.
Quantity of entities not classifiable in the previous items:
(inform the number of entities audited during the previous fiscal year, which do not fit into the previous items)
Value of annual revenue from audit services, including the total hours worked during the fiscal year;
Total revenue, in the previous fiscal year: R$ Percentage of audit revenue in relation to the total revenue of the previous fiscal year:
Total hours worked during the fiscal year:
Number of partners:
Total number of employees:
CVM INSTRUCTION NO. 275, OF MARCH 12, 1998.
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Affiliated entities Line of business
Name/Position Participation in
OBSERVATIONS REGARDING THE PRESENTATION OF ANNUAL INFORMATION:
All items must be answered. If there is no information to be presented in any item, the expression “NOT APPLICABLE” must be indicated.
The document must be signed by the Independent Auditor - Natural Person or by the partner representing the Independent Auditor - Legal Entity before the CVM.
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Amended 2 times · last 1999-05-14
This document amends: CVM Instruction No. 216 of June 29, 1994 (Revoked)
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