CVM Instruction No. 329 of February 28, 2000

CVM INSTRUCTION NO. 329, OF FEBRUARY 28, 2000.

Amends Article 109 of CVM Instruction No. 302, of May 5, 1999.

THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION - CVM makes public that the Collegiate Board, in a meeting held on this date, in view of the provisions of Resolution of the National Monetary Council No. 1,787, of February 1, 1991, and of Article 19 of Law No. 6,385, of December 7, 1976, HAS RESOLVED to issue the following Instruction:

Art. 1
Article 109 of CVM Instruction No. 302, of May 5, 1999, shall enter into force with the following wording:

“Article 109 ...
...
§3
Funds that, prior to the adaptation provided for in this article, charged a performance fee without observing the conditions stipulated in Article 54, after their adaptation to these conditions, may, exceptionally, continue to charge such a fee to unitholders who do not fall within the limit provided for in item “a” of § 2 of the aforementioned article, provided that such unitholders expressly sign a term of knowledge and agreement with the charging of the mentioned fee.

§4
Unitholders who sign the term referred to in the preceding paragraph shall not make partial redemptions of their investments in the fund, nor shall they make new investments, except, in this case, if intended for their qualification under the conditions established in § 2 of Article 54.

§5
Fund administrators who have unitholders who fall under the situation provided for in the preceding paragraph shall send, within 30 days after the assembly referred to in this article, the nominal list of unitholders who signed the term provided for in § 3 with the corresponding number of shares they hold.”(NR)

Art. 2
This Instruction enters into force on the date of its publication in the Official Gazette of the Union.

Original signed by
JOSÉ LUIZ OSORIO DE ALMEIDA FILHO
President