Rule · CVM · 10 Sep 1999
Institutions and societies must prepare a contingency plan for operational continuity and maintain recovery files for 180 days prior to the year 2000. They must submit information regarding the contingency plan by October 30, 1999, using the attached form via the CVM’s internet page or postal mail. This instruction amends CVM Instruction No. 276 of May 8, 1998, and enters into force upon publication in the Official Gazette of the Union. Non-compliance with these obligations entails a daily coercive fine of R$ 100.00, applicable from the first business day following the deadline regardless of notification.
Amends CVM Instruction No. 276, of May 8, 1998, which provides for the procedures to be adopted for the adaptation of electronic systems aiming at the correct processing of dates after the year 1999.
THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION - CVM makes public that the Collegiate Board, in a meeting held on September 3, 1999, considering the provisions of Art. 8, items I and III, of Law No. 6,385, of December 7, 1976, HAS DECIDED to issue the following Instruction:
Art. 1 This Instruction amends CVM Instruction No. 276, of May 8, 1998, which provides for the procedures to be adopted by participants in the securities market for the adaptation of electronic systems aiming at the correct processing of dates after the year 1999.
Art. 2 Art. 2 of CVM Instruction No. 276/98 shall be in effect with the addition of §§ 4, 5 and 6:
"Art. 2 ...
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§4 The institutions and societies referred to in this article must prepare a contingency plan that ensures the continuity of their operations, the integrity of the information processed in systems under their responsibility and in interfaces with third-party systems, in the face of eventual problems not solved by the adaptation measures.
§5 The institutions and societies referred to in this article must create and maintain, for one hundred and eighty days, recovery files with records of data prior to the passage to the year 2000.
§6 Information regarding the contingency plan must be sent by October 30, 1999, in the attached form through the CVM's internet page or by postal mail. (NR)"
Art. 3 Art. 8 of CVM Instruction No. 276/98 shall be in effect with the following wording:
"Art. 8 Non-compliance with the obligations contained in §§ 1, 2, 3 and 6 of Art. 2 of this Instruction entails the application of a daily coercive fine, which will apply from the first business day following the end of the deadline for delivering the information, regardless of notification, in the amount of R$ 100.00 (one hundred reais). (NR)"
Art. 4 This Instruction enters into force on the date of its publication in the Official Gazette of the Union.
Signed Original by
WLADIMIR CASTELO BRANCO CASTRO
Acting President
CVM INSTRUCTION NO. 313, OF SEPTEMBER 10, 1999. Annexed Form to CVM Instruction No. 313, of September 10, 1999
Person responsible for filling out the information in this form:
NAME:
ADDRESS:
POSITION:
TELEPHONE:
E-MAIL:
Does the company plan to develop, or is it already developing a contingency plan that ensures maintaining the company's operations even with problems caused by the Year 2000?
☐ Yes, the company is in the development phase of the contingency plan with a forecast for completion on (dd/mm/yyyy) //; ☐ Yes, the company has already developed a specific contingency plan for the year 2000 completed on (dd/mm/yyyy) //; ☐ Yes, the company already has a developed contingency plan that ensures the continuity of the company in special situations and this plan is adequate to solve possible problems with the year 2000 bug.
Does the contingency plan cover (mark as many as are correct):
☐ the institution's critical systems;
☐ infrastructure systems (energy, telecommunications, water supply); ☐ the company's operational systems provided by third parties; ☐ systems that have interfaces and/or data transmission with third-party systems; ☐ embedded systems (fax, elevators, telephone exchanges, etc.); ☐ all systems of the institution.
Is the contingency plan documented and approved by the company's senior management?
☐ yes;
☐ documented but not approved by the company's senior management; ☐ no.
Was the plan discussed with external auditors and partners who have systems integrated with your company's systems?
☐ yes;
☐ partially;
☐ no.
Have all agents (partners, suppliers, financial institutions, clients, etc.) whose systems are critical for the company's operation been identified?
☐ yes;
☐ no.
Did any of these agents not certify their readiness for the year 2000?
☐ yes;
☐ no;
☐ not applicable.
Does the company foresee a special staff on-call (with decision-making power) to resolve eventual problems at the millennium turn?
☐ yes, however, following the same operational planning as other years; ☐ yes, specialists and personnel with decision-making power will be present to resolve eventual problems at the millennium turn;
CVM INSTRUCTION NO. 313, OF SEPTEMBER 10, 1999. 5
☐ there will be no special scheme;
☐ not applicable.
If the company has foreseen a special on-call, who is responsible for managing the on-call?
☐ the director responsible for the year 2000;
☐ Mr./Ms. ______ Position: ______;
☐ the management will be done by a team of _______(number) people and in the last instance the decision-making is by Mr./Ms. ______ Position: ______; ☐ others. Explain:
Observations?
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This document amends: CVM Instruction No. 276 of May 8, 1998 (Revoked)
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