Rule · CVM · 4 May 2000
CVM Instruction No. 335 adds two new objective infringement categories to Article 1 of CVM Instruction No. 251/1996, making them subject to the summary administrative procedure. Specifically, it mandates the summary procedure for persons subject to CVM Instruction No. 301/1999 who fail to identify their clients and maintain updated registration records, or who fail to maintain the transaction records required by that instruction. This amendment entered into force on the date of its publication in the Official Gazette of the Union.
CVM INSTRUCTION No. 335, OF MAY 4, 2000.
Adds subsections XXXV and XXXVI to Article 1 of CVM Instruction No. 251, of June 14, 1996, which provides for the hypotheses of application of the SUMMARY PROCEDURE in the administrative process.
THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION - CVM makes public that the Collegiate Body, in a meeting held on this date, and based on Article 9, paragraph 2, of Law No. 6,385, of December 7, 1976, item II of Resolution No. 1,657, of October 26, 1989, of the National Monetary Council, and on Article 14, sole paragraph, of Decree No. 2,799, of October 8, 1998, RESOLVED to issue the following Instruction:
Article 1. Article 1 of CVM Instruction No. 251, of June 14, 1996, shall be effective with the following wording:
“Article 1. The following constitute hypotheses of objective nature infractions, in which a summary administrative process procedure may be adopted, in accordance with the Regulation attached to Resolution CMN No. 1,657/89:
I - ------
XXXIV - ------
“MONEY LAUNDERING”
XXXV - Persons mentioned in Article 2 of CVM Instruction No. 301, of April 16, 1999, failing to identify their clients and maintain updated the registry referred to in Article 3 of the same Instruction.
XXXVI - Persons mentioned in Article 2 of CVM Instruction No. 301, of April 16, 1999, failing to maintain the transaction records referred to in Article 4 of the same Instruction.” (NR)
Article 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
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