CVM Instruction No. 426 of December 28, 2005, as amended by CVM Instructions No. 557/15 and 609/19

Headquarters: Rua Sete de Setembro, 111/2-5th and 23-34th Floors – Center – Rio de Janeiro - RJ – ZIP: 20050-901 – Brazil – Tel.: (21) 3554-8686 – http://www.cvm.gov.br.
Regional Office of São Paulo: Rua Cincinato Braga, 340/2nd, 3rd and 4th Floors – Bela Vista – São Paulo – SP – ZIP: 01333-010 – Brazil – Tel.: (11) 2146-2000 Regional Office of Brasília: SCN Q.02 – Bl. A – Ed. Corporate Financial Center – S.404/4th Floor – Brasília – DF – ZIP: 70712-900 – Brazil – Tel.: (61) 3327-2030/2031

CVM INSTRUCTION NO. 426, OF DECEMBER 28, 2005, WITH THE CHANGES INTRODUCED BY CVM INSTRUCTIONS NO. 557/15 AND 609/19.

Provides for the administration of the securities portfolio of the Public-Private Partnerships Guarantee Fund – FGP, as provided for in Law No. 11,079, of December 30, 2004.

THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION - CVM makes public that the Collegiate Body, in a meeting held on December 27, 2005, in accordance with the provisions of Arts. 8, item I and 23 of Law No. 6,385, of December 7, 1976, and Arts. 1 and 2 of Resolution No. 3,289, of June 3, 2005, of the National Monetary Council, RESOLVED to issue the following Instruction:

Art. 1 This Instruction provides for the special rules applicable to the administration of the securities portfolio of the Public-Private Partnerships Guarantee Fund – FGP.

Art. 2. Except for the provisions contained in this Instruction, the general rules inserted in CVM Instruction No. 306, of May 5, 1999, apply to the administration of the FGP's securities portfolio.

Art. 3. The obligations of the legal entity responsible for the administration of the FGP's securities portfolio are:
I - send to the CVM and publish in a widely circulated newspaper, within a period of up to 60 (sixty) days after the closing of the fiscal year:
I – publish on the FGP administrator's page on the worldwide computer network, within a period of up to 60 (sixty) days after the closing of the fiscal year:

• Item I with wording given by CVM Instruction No. 557, of January 27, 2015.
  a) the FGP administrative report; b) the FGP financial statements; and c) the opinion of the independent auditor.
  II - send to the CVM a copy of the FGP regulations after the signature of the adherence term by the Unit Holder.
  II – REVOKED
• Item II revoked by CVM Instruction No. 557, of January 27, 2015.

CVM INSTRUCTION NO. 426, OF DECEMBER 28, 2005. 2 Headquarters: Rua Sete de Setembro, 111/2-5th and 23-34th Floors – Center – Rio de Janeiro - RJ – ZIP: 20050-901 – Brazil – Tel.: (21) 3554-8686 – http://www.cvm.gov.br. Regional Office of São Paulo: Rua Cincinato Braga, 340/2nd, 3rd and 4th Floors – Bela Vista – São Paulo – SP – ZIP: 01333-010 – Brazil – Tel.: (11) 2146-2000 Regional Office of Brasília: SCN Q.02 – Bl. A – Ed. Corporate Financial Center – S.404/4th Floor – Brasília – DF – ZIP: 70712-900 – Brazil – Tel.: (61) 3327-2030/2031

III - send to the CVM a copy of the contracts for the provision of FGP portfolio management services and custody of the respective securities, within a period of 20 (twenty) days from their signature. III – REVOKED

• Item III revoked by CVM Instruction No. 557, of January 27, 2015.
  IV - publish, in the manner established in the regulations, any relevant act or fact relating to the FGP portfolio.
  IV – publish on the FGP administrator's page on the worldwide computer network any relevant act or fact relating to the FGP portfolio.
• Item IV with wording given by CVM Instruction No. 557, of January 27, 2015.

Art. 4. The legal entity responsible for the administration of the FGP's securities portfolio is liable for its own acts and omissions that cause them, whenever it acts in a manner contrary to the law, regulations, or normative acts issued by the CVM.

Art. 5. The administrator, on behalf of the FGP, may hire third parties, duly authorized by the CVM, to act, totally or partially, in the management of the FGP portfolio, and the respective contract must contain a clause that stipulates joint liability between the administrator and the contracted third parties for any damages caused due to conduct contrary to the law, regulations, or normative acts issued by the CVM. Sole Paragraph. Without prejudice to the provisions of the caput, the administrator and each contracted service provider are liable to the CVM for their own acts and omissions contrary to the law, regulations, or normative acts issued by the CVM.

Art. 6. The administrator is prohibited from practicing the following acts on behalf of the portfolio it administers:
I - invest in securities issued by itself or by its subsidiaries; II - grant or take loans, advance future revenues or open credit in any modality, or still grant guarantees to natural or legal persons, unless relative to public-private partnerships; and III - provide suretyship, aval, acceptance or co-obligate under any other form, except in the cases provided for in the FGP regulations.

CVM INSTRUCTION NO. 426, OF DECEMBER 28, 2005. 3 Headquarters: Rua Sete de Setembro, 111/2-5th and 23-34th Floors – Center – Rio de Janeiro - RJ – ZIP: 20050-901 – Brazil – Tel.: (21) 3554-8686 – http://www.cvm.gov.br. Regional Office of São Paulo: Rua Cincinato Braga, 340/2nd, 3rd and 4th Floors – Bela Vista – São Paulo – SP – ZIP: 01333-010 – Brazil – Tel.: (11) 2146-2000 Regional Office of Brasília: SCN Q.02 – Bl. A – Ed. Corporate Financial Center – S.404/4th Floor – Brasília – DF – ZIP: 70712-900 – Brazil – Tel.: (61) 3327-2030/2031

Art. 7. The administrator, as well as investment funds or other portfolios managed by it or persons linked to it, may act as counterparty in operations carried out by the FGP.

Art. 8. Considered a serious offense, for the purposes of the provisions of Art. 11, § 3, of Law No. 6,385/76, is the violation of the norms of this Instruction.

Art. 9. The legal entity responsible for the administration of the FGP's securities portfolio that does not send the information provided for in this Instruction to the CVM or that does not keep its registration updated, in accordance with Art. 12 of CVM Instruction No. 306/99, is subject to the coercive fine provided for therein, incurred from the day following the end of the period established for compliance with the obligation, without prejudice to the provisions of Art. 11 of Law No. 6,385/76.

Art. 9. The legal entity responsible for the administration of the FGP's securities portfolio that does not publish the information provided for in this Instruction or that does not keep its registration updated, in accordance with the norm that provides for the professional exercise of securities portfolio administration, is subject to the coercive fine provided for therein, incurred from the day following the end of the period established for compliance with the obligation, without prejudice to the provisions of Art. 11 of Law No. 6,385/76.

• Art. 9 with wording given by CVM Instruction No. 557, of January 27, 2015.

Art. 9. The legal entity responsible for the administration of the FGP's securities portfolio that does not publish the information provided for in this Instruction is subject to the daily fine provided for in the specific norm dealing with coercive fines, without prejudice to the provisions of Art. 11 of Law No. 6,385, of 1976.

• Art. 9 with wording given by CVM Instruction No. 609, of June 25, 2019.

Art. 10 This Instruction enters into force on the date of its publication in the Official Gazette of the Union.

Original signed by
MARCELO FERNANDEZ TRINDADE
President