Rule · CVM · 12 Jul 2006

CVM Instruction No. 438 of July 12, 2006, as amended by CVM Instructions No. 465/08, 512/11, and 514/11: Approval of the Investment Fund Accounting Plan - COFI

Investment fund administrators must maintain complete bookkeeping based on suitable proofs, record revenues and expenses on an accrual basis, and perform daily off-book controls of portfolio securities and share valuations. Financial statements require auditing by a CVM-registered independent auditor, while the fund administrator must preserve supporting documents for at least five years and adjust asset values to market value daily, excluding atypical quotes. The social year closing date must coincide with the end of a civil calendar month, and standardized account codes cannot be altered. Administrators must submit specific reporting templates, including Document No. 1 (Daily Report) and Document No. 3 (Statement of Composition and Diversification of the Portfolio).

BrazilComissão de Valores Mobiliários
Annotations and obligations
348 obligations · 9 permissions · 1,129 definitions · 229 reporting items
  • Obligation 348
  • Permission 9
  • Definition / condition 1,129
  • Reporting template 229
  • background, boilerplate

Lineage: Amended

Law No. 10.303 dated 2001-01-01Law No. 10.303 dated 2001-01-01Law No. 10.411 dated 2002-01-01Law No. 10.411 dated 2002-01-01Law No. 6.385 dated 1976-12-07Law No. 6.385 dated 1976-12-07CVM Instruction No. 279 of May …1998CVM Instruction No. 279 of May 14, 1998 (Revoked) (1998-05-14)CVM Instruction No. 305 of May …1999CVM Instruction No. 305 of May 5, 1999 (Revoked) (1999-05-05)CVM Instruction No. 340 of June…2000CVM Instruction No. 340 of June 29, 2000 (2000-06-29)CVM Instruction No. 365 of May …2002CVM Instruction No. 365 of May 29, 2002 (2002-05-29)CVM Instruction No. 375 of Augu…2002CVM Instruction No. 375 of August 14, 2002 (Revoked) (2002-08-14)CVM Instruction 409 (Repealed) …2004CVM Instruction 409 (Repealed) - Investment Funds (2004-08-18)CVM Instruction No. 438 ofJuly 12, 2006, as amended by …2006-07-12 · this documentCVM Instruction No. 438 of July 12, 2006, as amended by CVM Instructions No. 465/08, 512/11, and 514/11: Approval of the Investment Fund Accounting Plan - COFI (2006-07-12)CVM Instruction No. 439 of Augu…2006CVM Instruction No. 439 of August 22, 2006 (2006-08-22)CVM Instruction 465 (Revoked)2008CVM Instruction 465 (Revoked) (2008-02-20)CVM Instruction 514 (Revoked) -…2011CVM Instruction 514 (Revoked) - Determination of Additional Disclosure of Information on Related Party Transactions (2011-12-27)Circular Office CVM/SIN 10/20132013Circular Office CVM/SIN 10/2013 (2013-10-18)Circular Letter CVM/SIN No. 05/…2014Circular Letter CVM/SIN No. 05/2014 (2014-11-21)CVM Instruction No. 512 of Dece…2015CVM Instruction No. 512 of December 20, 2011 (2015-10-02)CVM Instruction No. 577 of July…2016CVM Instruction No. 577 of July 7, 2016 (2016-07-07)+3 moresee all below the graph+3 more
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What changed in the obligations

Against CVM Instruction No. 365 of May 29, 2002 (2002-05-29)

305 new obligations · 1 changed obligation · 1 change of who is bound · 1 not carried over

7 obligations are the same in both texts.

Changed (2)
  • Who is bound
    Before
    Art. 2 The classification of securities and financial instruments part of a fund's portfolio into the category of securities held until maturity, provided for in item II, of Art. 1 of the aforementioned Circular No. 3,086/02, may be carried out when there is the intention of the quota holders to pr… II - all quota holders, including those who join the fund from the date of entry into force of thi… in the old text
    Now
    3 – In the held-to-maturity assets category, securities and financial assets must be recorded when, on the acquisition date, there is an intention by the unitholders to preserve an investment volume compatible with maintaining such assets in the fund's portfolio until maturity, provided that the fo… c) all unitholders who join the fund after the classification in this category formally declare, t… in this text
  • What must be done
    Before
    The adjustments resulting from the application of the criteria established in this Instruction comparatively to those required in the regulation then in force must be the object of disclosure in explanatory notes to the financial statements, evidenced, in a comparative manner, their amount and the effects on the result. in the old text
    Now
    There will be no comparisons with previous periods. in this text
New in this text (305)
  • The changes, additions, or eliminations referred to in the main text shall be previously submitted to the consideration of the Regulation Committee, created by CVM/PTE Ordinance No. 042, of May 6, 2005, and may not result in changes, additions, or eliminations of rules provided in Chapter 1 of the COFI. in this text
  • Art. 3. The financial statements of Investment Funds governed by this Instruction must be audited by an independent auditor registered with the CVM, observing the rules that regulate the exercise of this activity. in this text
  • 2 - The bookkeeping must be complete, keeping in permanent records all administrative acts and facts that modify or will modify, immediately or not, the composition of the fund's assets. in this text
  • 3 - The simple accounting record does not constitute a sufficiently probative element; the bookkeeping must be based on suitable proofs for the perfect validity of administrative acts and facts. in this text
  • The verification of postings via data processing shall be made through the presentation of suitable documents. in this text
  • 4 - In addition to legal provisions and specific regulatory requirements regarding bookkeeping, accounting practices adopted in Brazil are observed, with the administrator being responsible for: a) adopting uniform methods and criteria over time, with relevant modifications being evidenced in explanatory notes, quantifying the effects on the financial statements, when applicable; in this text
  • 4 - In addition to legal provisions and specific regulatory requirements regarding bookkeeping, accounting practices adopted in Brazil are observed, with the administrator being responsible for: b) recording revenues and expenses in the period in which they occur and not on the date of actual entry or disbursement, in respect of the accrual basis; in this text
  • 4 - In addition to legal provisions and specific regulatory requirements regarding bookkeeping, accounting practices adopted in Brazil are observed, with the administrator being responsible for: c) determining results in fixed time periods, observing the determination periods as provided in the corresponding normative act; in this text
  • 4 - In addition to legal provisions and specific regulatory requirements regarding bookkeeping, accounting practices adopted in Brazil are observed, with the administrator being responsible for: d) performing the appropriate reconciliations of accounting titles with their respective analytical controls and keeping them updated, as determined in the specific sections of this Plan, with the respect… in this text
  • 5 – The fiscal, tax, and civil characteristics of any assets and liabilities, which are governed by their own regulation, do not alter the form of accounting classification. in this text
  • 7 - The qualified professional responsible for accounting must conduct the bookkeeping within the required standards, observing the accounting practices adopted in Brazil, paying attention, including, to professional ethics, with the CVM responsible for communicating the competent authority, whenever irregularities are proven, so that applicable measures are applied. in this text
  • 8 - With the objective of preserving substance over form, in extremely rare cases, where the administrator concludes that the adoption of a certain provision provided for in this Plan may result in distorted information, inadequate determination of the investment share's net asset value, or inequitable distribution of results among shareholders, to the point of conflicting with the objectives men… in this text
  • 9 - Any specific formal consultations regarding the interpretation of accounting rules and procedures provided for in this Plan must be addressed to the CVM/Superintendence of Market and Intermediary Relations, and must be signed by the administrator and the qualified professional responsible for accounting. in this text
  • Consultations concerning changes or the adoption of new practices or accounting procedures must be accompanied by the position/manifestation of the independent auditor. in this text
  • 10 - The existence of eventual consultations regarding the interpretation of current regulatory rules or even suggestions for the re-examination of a certain subject does not exempt the interested administrator from compliance. in this text
  • 11 - Daily off-book control is mandatory: a) of applications in fixed-income securities and other papers comprising the portfolio, with a record for each batch of securities with identical characteristics, such as species, issuing or accepting society, nominal value, cost price, term, maturity, and yield rate; in this text
  • 11 - Daily off-book control is mandatory: b) of the appreciation and depreciation of shares, by issuer and type. in this text
  • 12 - Investment funds have accounting bookkeeping distinct from that of the administering institution. in this text
  • 1 – The date of closing of the fund's social year must coincide with the end of one of the months of the civil calendar and be expressed in the regulations. in this text
  • 4 – No characterizing element of the standardized account may be altered or modified, namely: code, title, subtitle, or function. in this text
  • 7 - Internal Use Subtitles - Internal use subdivisions may be adopted or official subdivisions may be subdivided, by CVM requirement or due to internal and managerial control needs, but in any case, must be convertible to the standardized system. in this text
  • 1 - The institution must maintain the Daily Journal or the Daily Balances and Balance Sheets books and other mandatory books, observing the provisions provided for in laws and regulations. in this text
  • 2 - The Daily Balances and Balance Sheets book must indicate, in chronological order of day, month, and year, the daily movement of accounts, discriminating in relation to each one: a) the previous balance; in this text
  • 2 - The Daily Balances and Balance Sheets book must indicate, in chronological order of day, month, and year, the daily movement of accounts, discriminating in relation to each one: b) the day's debits and credits; in this text
  • 2 - The Daily Balances and Balance Sheets book must indicate, in chronological order of day, month, and year, the daily movement of accounts, discriminating in relation to each one: c) the resulting balance, with indication of creditors and debtors. in this text
  • 3 – The investment fund must possess the Daily Journal, or the Daily Balances and Balance Sheets book, legalized at the competent authority. in this text
  • 4 - Posting cards must contain: location, date, appropriate identification of accounts, history or operation history code, and the value expressed in national currency. in this text
  • Documents may substitute posting cards, provided that all posting characteristics are inserted therein. in this text
  • When the fund uses coded histories, it must include in each daily movement the respective coding table or file containing memory of the coding tables used. in this text
  • 5 – When the option is to adopt the Daily Balances and Balance Sheets book, the posting cards corresponding to the daily movement, ordered in the sequence of account codes and numbered with a series for each day, are bound with security requirements that make them inviolable, with a dated and signed term on the cover mentioning the number of cards and their total value, observing the other curren… in this text
  • 6 - The supporting documents of the operations subject to registration must be archived sequentially with the accounting movement, or in a separate archive according to their nature, and integrate, for all purposes, the accounting movements. in this text
  • 7 - The duly authenticated posting cards and respective documents constitute probative records of the entries transcribed in the Daily Balances and Balance Sheets book. in this text
  • 8 – The adoption of the Daily Balances and Balance Sheets book obliges the maintenance of analytical controls that allow identifying, at any time, the composition of account balances. in this text
  • 9 – The fund that adopts the Daily Journal must bookkeep the Ledger Book in such a way as to allow identifying, at any time, the composition of account balances. in this text
  • 10 - In the Ledger Book, when used, elucidative histories of the registered events must be prepared, with indication of the account (name or code-number) in which the counterpart of the accounting posting is registered or with indication of the sequential number of the respective posting card in the daily movement, provided that the same encompasses the information regarding the counterpart. in this text
  • 11 – The fund's administrator may maintain, in substitution for the books and other documents mentioned above, at its discretion, accounting records in the form of: a) continuous forms, loose sheets, cards, or files, provided that they are numbered sequentially mechanically, electronically, or typographically and bound in book form with the same legal requirements of these, and are also authentic… in this text
  • 11 – The fund's administrator may maintain, in substitution for the books and other documents mentioned above, at its discretion, accounting records in the form of: b) files on magnetic media, provided that it is possible to verify the authenticity of the file through a digital certificate issued by a specialized certifying authority, and are also authenticated by the Titles and Documents Registr… in this text
  • 12 – The books and other documents mentioned above may be preserved in the form of microfilm, observing the specific legal and regulatory provisions governing the matter. in this text
  • 2 - Shareholders' Equity, determined at the periodicity established in specific regulation, must demonstrate the real asset situation of the Fund. in this text
  • 4 - Variations in share redemptions are recorded as debits or credits to the corrective account of Shareholders' Equity VARIATIONS IN SHARE REDEMPTION, with its balance being transferred to ACCUMULATED PROFITS OR LOSSES, upon the preparation of the financial statements. in this text
  • 5 - Once the result is determined, it is transferred from RESULT DETERMINATION to ACCUMULATED PROFITS OR LOSSES. in this text
  • 1 – The assets comprising the investment funds' portfolios must be recorded at the effectively contracted or paid value, and adjusted daily to market value, recognizing accounting appreciation or depreciation in counterpart to the appropriate revenue or expense account, in the period's result. in this text
  • 4 – Atypical quotes must be excluded when evaluating the economic value of the asset. in this text
  • The documents constituting the atypicality of the excluded quote and the documents, criteria, and methods used for the economic evaluation of the asset must be preserved by the administering institution, as determined in item 1.2.1.5 below. in this text
  • 5 – The fund's administrator must keep clear and objective, for a minimum period of 5 (five) years, or for a longer period by express determination of the CVM in case of administrative process, all reports, documents, and information supporting the procedures provided for in this Accounting Plan. in this text
  • 10 - The recording, evaluation, and disclosure of securities and financial instruments comprising the portfolios of exclusive investment funds, whose investor is a financial institution, institution authorized to operate by the Central Bank of Brazil, or closed complementary pension entity, must observe the conditions, requirements, and deadlines established in specific regulations issued by the … in this text
  • 5 – Securities and financial assets classified in the trading assets category must be adjusted daily by market value, computing the appreciation or depreciation against the appropriate revenue or expense account, in the period's result. in this text
  • 6 – For the purposes of the adjustment provided for in item 1.2.2.5 above, the methodology for calculating market value is the responsibility of the administering institution and must be established based on consistent and verifiable criteria, which take into account independence in data collection regarding the rates practiced in its trading desks, and the average trading price on the calculatio… in this text
  • 6.1 – When market price is not available for a certain asset, the fund administrator must use the techniques provided for in item 1.2.1.3. in this text
  • 7 - The administrator, in any case, must adjust the valuation of the assets comprising the fund's portfolio whenever there is indication of probable losses in the realization of their value. in this text
  • 8 - In the daily valuation of assets and liabilities comprising the portfolio of the external debt investment fund, the conversion of foreign currency to national currency must be carried out using the selling exchange rate available in the Central Bank Information System – Sisbacen, transaction PTAX800, Option 5 – Quotation for Accounting, relating to the free rate exchange segment. in this text
  • 9 – Securities and financial assets classified in the held-to-maturity assets category must be evaluated daily at their respective acquisition costs, plus the earnings accrued, computing the appreciation or depreciation against the appropriate revenue or expense account in the period's result. in this text
  • 11 - The premium or discount calculated in fixed income asset acquisition operations, including those representing external debt of the Union and any others traded in the international market, must be recognized in proportion to the passage of the maturity period of the papers. in this text
  • 12 – The reclassification of assets between the categories provided for in item 1.2.2.1 must be carried out immediately if a change is found in the parameters that led to the original classification at acquisition, observing the following procedures: a) in the event of transfer from the held-to-maturity assets category to the trading assets category, unrealized gains and losses must be recognized… in this text
  • 12 – The reclassification of assets between the categories provided for in item 1.2.2.1 must be carried out immediately if a change is found in the parameters that led to the original classification at acquisition, observing the following procedures: b) except in the occurrence of an extraordinary event, reclassification of any title held in the portfolio and classified in the held-to-maturity as… in this text
  • 12 – The reclassification of assets between the categories provided for in item 1.2.2.1 must be carried out immediately if a change is found in the parameters that led to the original classification at acquisition, observing the following procedures: c) the fund shall not classify any asset as held-to-maturity if during the current fiscal year or during the 2 (two) preceding fiscal years it has r… in this text
  • 12.1 - The transfer from the held-to-maturity assets category to the trading assets category may only occur for unforeseen reasons, occurring after the classification date, so as not to discharacterize the intention and financial capacity declared by the unitholders as the basis for classification in that category. in this text
  • 12.2 - The documentation serving as the basis for reclassification, duly accompanied by an explanation of reasons from the administering institution, must remain available to the CVM. in this text
  • 13 - Permanent losses with securities and financial assets classified in the held-to-maturity assets category must be recognized immediately in the period's result, observing that the adjusted value resulting from the recognition of said losses becomes the new cost basis. in this text
  • 13.1 - The reversal of the losses mentioned in item 1.2.2.13 above is admitted, provided it is for a justified reason subsequent to that which led to their recognition, limited to the acquisition cost, plus the earnings accrued. in this text

The first 60 of 305 are shown.

Not carried over (1)
  • Art. 1 The procedures for the registration and evaluation of securities and financial derivative instruments, part of the portfolios of financial investment funds, funds applying in quotas of investment funds, and foreign investment funds, established in Circular No. 3,086, of February 15, 2002, with the alterations introduced by Circular 3,096, of March 6, 2002, both from the Central Bank of Bra… in the old text

Against CVM Instruction No. 340 of June 29, 2000 (2000-06-29)

311 new obligations · 3 not carried over

4 obligations are the same in both texts.

New in this text (311)
  • The changes, additions, or eliminations referred to in the main text shall be previously submitted to the consideration of the Regulation Committee, created by CVM/PTE Ordinance No. 042, of May 6, 2005, and may not result in changes, additions, or eliminations of rules provided in Chapter 1 of the COFI. in this text
  • Art. 3. The financial statements of Investment Funds governed by this Instruction must be audited by an independent auditor registered with the CVM, observing the rules that regulate the exercise of this activity. in this text
  • 2 - The bookkeeping must be complete, keeping in permanent records all administrative acts and facts that modify or will modify, immediately or not, the composition of the fund's assets. in this text
  • 3 - The simple accounting record does not constitute a sufficiently probative element; the bookkeeping must be based on suitable proofs for the perfect validity of administrative acts and facts. in this text
  • The verification of postings via data processing shall be made through the presentation of suitable documents. in this text
  • 4 - In addition to legal provisions and specific regulatory requirements regarding bookkeeping, accounting practices adopted in Brazil are observed, with the administrator being responsible for: b) recording revenues and expenses in the period in which they occur and not on the date of actual entry or disbursement, in respect of the accrual basis; in this text
  • 4 - In addition to legal provisions and specific regulatory requirements regarding bookkeeping, accounting practices adopted in Brazil are observed, with the administrator being responsible for: c) determining results in fixed time periods, observing the determination periods as provided in the corresponding normative act; in this text
  • 4 - In addition to legal provisions and specific regulatory requirements regarding bookkeeping, accounting practices adopted in Brazil are observed, with the administrator being responsible for: d) performing the appropriate reconciliations of accounting titles with their respective analytical controls and keeping them updated, as determined in the specific sections of this Plan, with the respect… in this text
  • 5 – The fiscal, tax, and civil characteristics of any assets and liabilities, which are governed by their own regulation, do not alter the form of accounting classification. in this text
  • 7 - The qualified professional responsible for accounting must conduct the bookkeeping within the required standards, observing the accounting practices adopted in Brazil, paying attention, including, to professional ethics, with the CVM responsible for communicating the competent authority, whenever irregularities are proven, so that applicable measures are applied. in this text
  • 8 - With the objective of preserving substance over form, in extremely rare cases, where the administrator concludes that the adoption of a certain provision provided for in this Plan may result in distorted information, inadequate determination of the investment share's net asset value, or inequitable distribution of results among shareholders, to the point of conflicting with the objectives men… in this text
  • 9 - Any specific formal consultations regarding the interpretation of accounting rules and procedures provided for in this Plan must be addressed to the CVM/Superintendence of Market and Intermediary Relations, and must be signed by the administrator and the qualified professional responsible for accounting. in this text
  • Consultations concerning changes or the adoption of new practices or accounting procedures must be accompanied by the position/manifestation of the independent auditor. in this text
  • 10 - The existence of eventual consultations regarding the interpretation of current regulatory rules or even suggestions for the re-examination of a certain subject does not exempt the interested administrator from compliance. in this text
  • 11 - Daily off-book control is mandatory: a) of applications in fixed-income securities and other papers comprising the portfolio, with a record for each batch of securities with identical characteristics, such as species, issuing or accepting society, nominal value, cost price, term, maturity, and yield rate; in this text
  • 11 - Daily off-book control is mandatory: b) of the appreciation and depreciation of shares, by issuer and type. in this text
  • 12 - Investment funds have accounting bookkeeping distinct from that of the administering institution. in this text
  • 1 – The date of closing of the fund's social year must coincide with the end of one of the months of the civil calendar and be expressed in the regulations. in this text
  • 4 – No characterizing element of the standardized account may be altered or modified, namely: code, title, subtitle, or function. in this text
  • 7 - Internal Use Subtitles - Internal use subdivisions may be adopted or official subdivisions may be subdivided, by CVM requirement or due to internal and managerial control needs, but in any case, must be convertible to the standardized system. in this text
  • 1 - The institution must maintain the Daily Journal or the Daily Balances and Balance Sheets books and other mandatory books, observing the provisions provided for in laws and regulations. in this text
  • 2 - The Daily Balances and Balance Sheets book must indicate, in chronological order of day, month, and year, the daily movement of accounts, discriminating in relation to each one: a) the previous balance; in this text
  • 2 - The Daily Balances and Balance Sheets book must indicate, in chronological order of day, month, and year, the daily movement of accounts, discriminating in relation to each one: b) the day's debits and credits; in this text
  • 2 - The Daily Balances and Balance Sheets book must indicate, in chronological order of day, month, and year, the daily movement of accounts, discriminating in relation to each one: c) the resulting balance, with indication of creditors and debtors. in this text
  • 3 – The investment fund must possess the Daily Journal, or the Daily Balances and Balance Sheets book, legalized at the competent authority. in this text
  • 4 - Posting cards must contain: location, date, appropriate identification of accounts, history or operation history code, and the value expressed in national currency. in this text
  • Documents may substitute posting cards, provided that all posting characteristics are inserted therein. in this text
  • When the fund uses coded histories, it must include in each daily movement the respective coding table or file containing memory of the coding tables used. in this text
  • 5 – When the option is to adopt the Daily Balances and Balance Sheets book, the posting cards corresponding to the daily movement, ordered in the sequence of account codes and numbered with a series for each day, are bound with security requirements that make them inviolable, with a dated and signed term on the cover mentioning the number of cards and their total value, observing the other curren… in this text
  • 6 - The supporting documents of the operations subject to registration must be archived sequentially with the accounting movement, or in a separate archive according to their nature, and integrate, for all purposes, the accounting movements. in this text
  • 7 - The duly authenticated posting cards and respective documents constitute probative records of the entries transcribed in the Daily Balances and Balance Sheets book. in this text
  • 8 – The adoption of the Daily Balances and Balance Sheets book obliges the maintenance of analytical controls that allow identifying, at any time, the composition of account balances. in this text
  • 9 – The fund that adopts the Daily Journal must bookkeep the Ledger Book in such a way as to allow identifying, at any time, the composition of account balances. in this text
  • 10 - In the Ledger Book, when used, elucidative histories of the registered events must be prepared, with indication of the account (name or code-number) in which the counterpart of the accounting posting is registered or with indication of the sequential number of the respective posting card in the daily movement, provided that the same encompasses the information regarding the counterpart. in this text
  • 11 – The fund's administrator may maintain, in substitution for the books and other documents mentioned above, at its discretion, accounting records in the form of: a) continuous forms, loose sheets, cards, or files, provided that they are numbered sequentially mechanically, electronically, or typographically and bound in book form with the same legal requirements of these, and are also authentic… in this text
  • 11 – The fund's administrator may maintain, in substitution for the books and other documents mentioned above, at its discretion, accounting records in the form of: b) files on magnetic media, provided that it is possible to verify the authenticity of the file through a digital certificate issued by a specialized certifying authority, and are also authenticated by the Titles and Documents Registr… in this text
  • 12 – The books and other documents mentioned above may be preserved in the form of microfilm, observing the specific legal and regulatory provisions governing the matter. in this text
  • 2 - Shareholders' Equity, determined at the periodicity established in specific regulation, must demonstrate the real asset situation of the Fund. in this text
  • 4 - Variations in share redemptions are recorded as debits or credits to the corrective account of Shareholders' Equity VARIATIONS IN SHARE REDEMPTION, with its balance being transferred to ACCUMULATED PROFITS OR LOSSES, upon the preparation of the financial statements. in this text
  • 5 - Once the result is determined, it is transferred from RESULT DETERMINATION to ACCUMULATED PROFITS OR LOSSES. in this text
  • 1 – The assets comprising the investment funds' portfolios must be recorded at the effectively contracted or paid value, and adjusted daily to market value, recognizing accounting appreciation or depreciation in counterpart to the appropriate revenue or expense account, in the period's result. in this text
  • 4 – Atypical quotes must be excluded when evaluating the economic value of the asset. in this text
  • The documents constituting the atypicality of the excluded quote and the documents, criteria, and methods used for the economic evaluation of the asset must be preserved by the administering institution, as determined in item 1.2.1.5 below. in this text
  • 5 – The fund's administrator must keep clear and objective, for a minimum period of 5 (five) years, or for a longer period by express determination of the CVM in case of administrative process, all reports, documents, and information supporting the procedures provided for in this Accounting Plan. in this text
  • 7 – The adoption of the procedures referred to in this Accounting Plan must produce immediate effects on the fund's share value, observing the other conditions provided for in its regulations. in this text
  • 8 – The adjustments resulting from the application of the procedures referred to in item 1.2.1.7 above must be recorded in counterpart to the appropriate revenue or expense account in the period's result. in this text
  • 10 - The recording, evaluation, and disclosure of securities and financial instruments comprising the portfolios of exclusive investment funds, whose investor is a financial institution, institution authorized to operate by the Central Bank of Brazil, or closed complementary pension entity, must observe the conditions, requirements, and deadlines established in specific regulations issued by the … in this text
  • 3 – In the held-to-maturity assets category, securities and financial assets must be recorded when, on the acquisition date, there is an intention by the unitholders to preserve an investment volume compatible with maintaining such assets in the fund's portfolio until maturity, provided that the fo… b) there is a formal request from all unitholders, which must include a declaration that they have… in this text
  • 3 – In the held-to-maturity assets category, securities and financial assets must be recorded when, on the acquisition date, there is an intention by the unitholders to preserve an investment volume compatible with maintaining such assets in the fund's portfolio until maturity, provided that the fo… c) all unitholders who join the fund after the classification in this category formally declare, t… in this text
  • 4 – For an investment fund to invest in shares of another investment fund that classifies securities and financial assets of its portfolio in the held-to-maturity assets category, it is necessary that the same conditions established in item 1.2.2.3 above are met by the unitholders of the investing fund. in this text
  • 5 – Securities and financial assets classified in the trading assets category must be adjusted daily by market value, computing the appreciation or depreciation against the appropriate revenue or expense account, in the period's result. in this text
  • 6 – For the purposes of the adjustment provided for in item 1.2.2.5 above, the methodology for calculating market value is the responsibility of the administering institution and must be established based on consistent and verifiable criteria, which take into account independence in data collection regarding the rates practiced in its trading desks, and the average trading price on the calculatio… in this text
  • 6.1 – When market price is not available for a certain asset, the fund administrator must use the techniques provided for in item 1.2.1.3. in this text
  • 7 - The administrator, in any case, must adjust the valuation of the assets comprising the fund's portfolio whenever there is indication of probable losses in the realization of their value. in this text
  • 8 - In the daily valuation of assets and liabilities comprising the portfolio of the external debt investment fund, the conversion of foreign currency to national currency must be carried out using the selling exchange rate available in the Central Bank Information System – Sisbacen, transaction PTAX800, Option 5 – Quotation for Accounting, relating to the free rate exchange segment. in this text
  • 9 – Securities and financial assets classified in the held-to-maturity assets category must be evaluated daily at their respective acquisition costs, plus the earnings accrued, computing the appreciation or depreciation against the appropriate revenue or expense account in the period's result. in this text
  • 11 - The premium or discount calculated in fixed income asset acquisition operations, including those representing external debt of the Union and any others traded in the international market, must be recognized in proportion to the passage of the maturity period of the papers. in this text
  • 12 – The reclassification of assets between the categories provided for in item 1.2.2.1 must be carried out immediately if a change is found in the parameters that led to the original classification at acquisition, observing the following procedures: a) in the event of transfer from the held-to-maturity assets category to the trading assets category, unrealized gains and losses must be recognized… in this text
  • 12 – The reclassification of assets between the categories provided for in item 1.2.2.1 must be carried out immediately if a change is found in the parameters that led to the original classification at acquisition, observing the following procedures: b) except in the occurrence of an extraordinary event, reclassification of any title held in the portfolio and classified in the held-to-maturity as… in this text
  • 12 – The reclassification of assets between the categories provided for in item 1.2.2.1 must be carried out immediately if a change is found in the parameters that led to the original classification at acquisition, observing the following procedures: c) the fund shall not classify any asset as held-to-maturity if during the current fiscal year or during the 2 (two) preceding fiscal years it has r… in this text

The first 60 of 311 are shown.

Not carried over (3)
  • Only funds intended for qualified investors may acquire shares of mutual investment funds in emerging companies or maintain positions in derivative markets, involving contracts referenced in commodities or foreign exchange. in the old text
  • Funds intended exclusively for qualified investors may invest up to twenty percent of their assets in shares of funds constituted in the form of closed-end condominiums with a duration equal to or greater than five years and whose shares are traded on a stock exchange or organized over-the-counter market.”(NR) in the old text
  • In the case of assets without quotation, except as provided in § 9 of this article, their book value must be maintained and a provision must be established whenever this book value is higher than the net asset value. in the old text

Against CVM Instruction No. 305 of May 5, 1999 (Revoked) (1999-05-05)

300 new obligations · 1 changed obligation · 1 change of scope · 12 not carried over

13 obligations are the same in both texts.

Changed (2)
  • Scope
    Before
    §10. The use of the option provided for in § 9 is conditioned to the provision in the fund's regulations that: c) Once a certain valuation criterion is adopted, it must be regularly used throughout the subsequent accounting years, with currently operating funds being able to review the valuation criterion used."(NR) in the old text
    Now
    7 - The use of the option provided for in the previous item is conditioned to the provision in the fund's bylaws or deliberation in a general meeting of unitholders that: c) once a certain criterion and valuation methodology is adopted for a certain security, it is regularly used throughout the subsequent fiscal years; and in this text
  • What must be done
    Before
    §8. In hedge operations and those that allow for the prefixation of incomes, results may be appropriated by taking the contracts together. in the old text
    Now
    3 - The recording of the result calculated in the operations referred to in item 1.2.4.2 must be carried out individually, with compensation of revenues with expenses in distinct contracts being prohibited. in this text
New in this text (300)
  • The changes, additions, or eliminations referred to in the main text shall be previously submitted to the consideration of the Regulation Committee, created by CVM/PTE Ordinance No. 042, of May 6, 2005, and may not result in changes, additions, or eliminations of rules provided in Chapter 1 of the COFI. in this text
  • Art. 3. The financial statements of Investment Funds governed by this Instruction must be audited by an independent auditor registered with the CVM, observing the rules that regulate the exercise of this activity. in this text
  • 2 - The bookkeeping must be complete, keeping in permanent records all administrative acts and facts that modify or will modify, immediately or not, the composition of the fund's assets. in this text
  • 3 - The simple accounting record does not constitute a sufficiently probative element; the bookkeeping must be based on suitable proofs for the perfect validity of administrative acts and facts. in this text
  • The verification of postings via data processing shall be made through the presentation of suitable documents. in this text
  • 4 - In addition to legal provisions and specific regulatory requirements regarding bookkeeping, accounting practices adopted in Brazil are observed, with the administrator being responsible for: a) adopting uniform methods and criteria over time, with relevant modifications being evidenced in explanatory notes, quantifying the effects on the financial statements, when applicable; in this text
  • 4 - In addition to legal provisions and specific regulatory requirements regarding bookkeeping, accounting practices adopted in Brazil are observed, with the administrator being responsible for: b) recording revenues and expenses in the period in which they occur and not on the date of actual entry or disbursement, in respect of the accrual basis; in this text
  • 4 - In addition to legal provisions and specific regulatory requirements regarding bookkeeping, accounting practices adopted in Brazil are observed, with the administrator being responsible for: c) determining results in fixed time periods, observing the determination periods as provided in the corresponding normative act; in this text
  • 4 - In addition to legal provisions and specific regulatory requirements regarding bookkeeping, accounting practices adopted in Brazil are observed, with the administrator being responsible for: d) performing the appropriate reconciliations of accounting titles with their respective analytical controls and keeping them updated, as determined in the specific sections of this Plan, with the respect… in this text
  • 5 – The fiscal, tax, and civil characteristics of any assets and liabilities, which are governed by their own regulation, do not alter the form of accounting classification. in this text
  • 7 - The qualified professional responsible for accounting must conduct the bookkeeping within the required standards, observing the accounting practices adopted in Brazil, paying attention, including, to professional ethics, with the CVM responsible for communicating the competent authority, whenever irregularities are proven, so that applicable measures are applied. in this text
  • 8 - With the objective of preserving substance over form, in extremely rare cases, where the administrator concludes that the adoption of a certain provision provided for in this Plan may result in distorted information, inadequate determination of the investment share's net asset value, or inequitable distribution of results among shareholders, to the point of conflicting with the objectives men… in this text
  • 9 - Any specific formal consultations regarding the interpretation of accounting rules and procedures provided for in this Plan must be addressed to the CVM/Superintendence of Market and Intermediary Relations, and must be signed by the administrator and the qualified professional responsible for accounting. in this text
  • Consultations concerning changes or the adoption of new practices or accounting procedures must be accompanied by the position/manifestation of the independent auditor. in this text
  • 10 - The existence of eventual consultations regarding the interpretation of current regulatory rules or even suggestions for the re-examination of a certain subject does not exempt the interested administrator from compliance. in this text
  • 11 - Daily off-book control is mandatory: a) of applications in fixed-income securities and other papers comprising the portfolio, with a record for each batch of securities with identical characteristics, such as species, issuing or accepting society, nominal value, cost price, term, maturity, and yield rate; in this text
  • 11 - Daily off-book control is mandatory: b) of the appreciation and depreciation of shares, by issuer and type. in this text
  • 12 - Investment funds have accounting bookkeeping distinct from that of the administering institution. in this text
  • 1 – The date of closing of the fund's social year must coincide with the end of one of the months of the civil calendar and be expressed in the regulations. in this text
  • 4 – No characterizing element of the standardized account may be altered or modified, namely: code, title, subtitle, or function. in this text
  • 7 - Internal Use Subtitles - Internal use subdivisions may be adopted or official subdivisions may be subdivided, by CVM requirement or due to internal and managerial control needs, but in any case, must be convertible to the standardized system. in this text
  • 1 - The institution must maintain the Daily Journal or the Daily Balances and Balance Sheets books and other mandatory books, observing the provisions provided for in laws and regulations. in this text
  • 2 - The Daily Balances and Balance Sheets book must indicate, in chronological order of day, month, and year, the daily movement of accounts, discriminating in relation to each one: a) the previous balance; in this text
  • 2 - The Daily Balances and Balance Sheets book must indicate, in chronological order of day, month, and year, the daily movement of accounts, discriminating in relation to each one: b) the day's debits and credits; in this text
  • 2 - The Daily Balances and Balance Sheets book must indicate, in chronological order of day, month, and year, the daily movement of accounts, discriminating in relation to each one: c) the resulting balance, with indication of creditors and debtors. in this text
  • 3 – The investment fund must possess the Daily Journal, or the Daily Balances and Balance Sheets book, legalized at the competent authority. in this text
  • 4 - Posting cards must contain: location, date, appropriate identification of accounts, history or operation history code, and the value expressed in national currency. in this text
  • Documents may substitute posting cards, provided that all posting characteristics are inserted therein. in this text
  • When the fund uses coded histories, it must include in each daily movement the respective coding table or file containing memory of the coding tables used. in this text
  • 5 – When the option is to adopt the Daily Balances and Balance Sheets book, the posting cards corresponding to the daily movement, ordered in the sequence of account codes and numbered with a series for each day, are bound with security requirements that make them inviolable, with a dated and signed term on the cover mentioning the number of cards and their total value, observing the other curren… in this text
  • 6 - The supporting documents of the operations subject to registration must be archived sequentially with the accounting movement, or in a separate archive according to their nature, and integrate, for all purposes, the accounting movements. in this text
  • 7 - The duly authenticated posting cards and respective documents constitute probative records of the entries transcribed in the Daily Balances and Balance Sheets book. in this text
  • 8 – The adoption of the Daily Balances and Balance Sheets book obliges the maintenance of analytical controls that allow identifying, at any time, the composition of account balances. in this text
  • 9 – The fund that adopts the Daily Journal must bookkeep the Ledger Book in such a way as to allow identifying, at any time, the composition of account balances. in this text
  • 10 - In the Ledger Book, when used, elucidative histories of the registered events must be prepared, with indication of the account (name or code-number) in which the counterpart of the accounting posting is registered or with indication of the sequential number of the respective posting card in the daily movement, provided that the same encompasses the information regarding the counterpart. in this text
  • 11 – The fund's administrator may maintain, in substitution for the books and other documents mentioned above, at its discretion, accounting records in the form of: a) continuous forms, loose sheets, cards, or files, provided that they are numbered sequentially mechanically, electronically, or typographically and bound in book form with the same legal requirements of these, and are also authentic… in this text
  • 11 – The fund's administrator may maintain, in substitution for the books and other documents mentioned above, at its discretion, accounting records in the form of: b) files on magnetic media, provided that it is possible to verify the authenticity of the file through a digital certificate issued by a specialized certifying authority, and are also authenticated by the Titles and Documents Registr… in this text
  • 12 – The books and other documents mentioned above may be preserved in the form of microfilm, observing the specific legal and regulatory provisions governing the matter. in this text
  • 2 - Shareholders' Equity, determined at the periodicity established in specific regulation, must demonstrate the real asset situation of the Fund. in this text
  • 4 - Variations in share redemptions are recorded as debits or credits to the corrective account of Shareholders' Equity VARIATIONS IN SHARE REDEMPTION, with its balance being transferred to ACCUMULATED PROFITS OR LOSSES, upon the preparation of the financial statements. in this text
  • 5 - Once the result is determined, it is transferred from RESULT DETERMINATION to ACCUMULATED PROFITS OR LOSSES. in this text
  • 1 – The assets comprising the investment funds' portfolios must be recorded at the effectively contracted or paid value, and adjusted daily to market value, recognizing accounting appreciation or depreciation in counterpart to the appropriate revenue or expense account, in the period's result. in this text
  • The documents constituting the atypicality of the excluded quote and the documents, criteria, and methods used for the economic evaluation of the asset must be preserved by the administering institution, as determined in item 1.2.1.5 below. in this text
  • 5 – The fund's administrator must keep clear and objective, for a minimum period of 5 (five) years, or for a longer period by express determination of the CVM in case of administrative process, all reports, documents, and information supporting the procedures provided for in this Accounting Plan. in this text
  • 7 – The adoption of the procedures referred to in this Accounting Plan must produce immediate effects on the fund's share value, observing the other conditions provided for in its regulations. in this text
  • 8 – The adjustments resulting from the application of the procedures referred to in item 1.2.1.7 above must be recorded in counterpart to the appropriate revenue or expense account in the period's result. in this text
  • 10 - The recording, evaluation, and disclosure of securities and financial instruments comprising the portfolios of exclusive investment funds, whose investor is a financial institution, institution authorized to operate by the Central Bank of Brazil, or closed complementary pension entity, must observe the conditions, requirements, and deadlines established in specific regulations issued by the … in this text
  • 3 – In the held-to-maturity assets category, securities and financial assets must be recorded when, on the acquisition date, there is an intention by the unitholders to preserve an investment volume compatible with maintaining such assets in the fund's portfolio until maturity, provided that the fo… b) there is a formal request from all unitholders, which must include a declaration that they have… in this text
  • 3 – In the held-to-maturity assets category, securities and financial assets must be recorded when, on the acquisition date, there is an intention by the unitholders to preserve an investment volume compatible with maintaining such assets in the fund's portfolio until maturity, provided that the fo… c) all unitholders who join the fund after the classification in this category formally declare, t… in this text
  • 4 – For an investment fund to invest in shares of another investment fund that classifies securities and financial assets of its portfolio in the held-to-maturity assets category, it is necessary that the same conditions established in item 1.2.2.3 above are met by the unitholders of the investing fund. in this text
  • 5 – Securities and financial assets classified in the trading assets category must be adjusted daily by market value, computing the appreciation or depreciation against the appropriate revenue or expense account, in the period's result. in this text
  • 6 – For the purposes of the adjustment provided for in item 1.2.2.5 above, the methodology for calculating market value is the responsibility of the administering institution and must be established based on consistent and verifiable criteria, which take into account independence in data collection regarding the rates practiced in its trading desks, and the average trading price on the calculatio… in this text
  • 6.1 – When market price is not available for a certain asset, the fund administrator must use the techniques provided for in item 1.2.1.3. in this text
  • 7 - The administrator, in any case, must adjust the valuation of the assets comprising the fund's portfolio whenever there is indication of probable losses in the realization of their value. in this text
  • 8 - In the daily valuation of assets and liabilities comprising the portfolio of the external debt investment fund, the conversion of foreign currency to national currency must be carried out using the selling exchange rate available in the Central Bank Information System – Sisbacen, transaction PTAX800, Option 5 – Quotation for Accounting, relating to the free rate exchange segment. in this text
  • 9 – Securities and financial assets classified in the held-to-maturity assets category must be evaluated daily at their respective acquisition costs, plus the earnings accrued, computing the appreciation or depreciation against the appropriate revenue or expense account in the period's result. in this text
  • 11 - The premium or discount calculated in fixed income asset acquisition operations, including those representing external debt of the Union and any others traded in the international market, must be recognized in proportion to the passage of the maturity period of the papers. in this text
  • 12 – The reclassification of assets between the categories provided for in item 1.2.2.1 must be carried out immediately if a change is found in the parameters that led to the original classification at acquisition, observing the following procedures: a) in the event of transfer from the held-to-maturity assets category to the trading assets category, unrealized gains and losses must be recognized… in this text
  • 12 – The reclassification of assets between the categories provided for in item 1.2.2.1 must be carried out immediately if a change is found in the parameters that led to the original classification at acquisition, observing the following procedures: b) except in the occurrence of an extraordinary event, reclassification of any title held in the portfolio and classified in the held-to-maturity as… in this text
  • 12 – The reclassification of assets between the categories provided for in item 1.2.2.1 must be carried out immediately if a change is found in the parameters that led to the original classification at acquisition, observing the following procedures: c) the fund shall not classify any asset as held-to-maturity if during the current fiscal year or during the 2 (two) preceding fiscal years it has r… in this text

The first 60 of 300 are shown.

Not carried over (12)
  • Art. 1. The accounting statements of investment funds in securities are governed by the standards contained in this Instruction and must be submitted to the Securities and Exchange Commission according to the attached models. in the old text
  • Art. 2. The accounting statements referred to in Art. 1 must be prepared based on an account plan that allows for the provision of the minimum information contained in the attached models and the verification of the adequacy of said statements. in the old text
  • For the purposes of the provisions of this article, the Chart of Accounts of the Institutions of the National Financial System – COSIF, prepared by the Central Bank of Brazil, as well as the norms and procedures contained therein that do not contradict the provisions of this Instruction, must be used. in the old text
  • §1. In the case of assets without quotes, their book value must be maintained and a provision must be constituted whenever this book value is higher than the net asset value. in the old text
  • §1. In the case of assets without quotes, except as provided in § 9 of this article, their book value must be maintained and a provision must be constituted whenever this book value is higher than the net asset value. in the old text
  • III - premiums paid and received must be registered in assets and liabilities, respectively; and in the old text
  • IV - upon exercise of the option, the value of the premium integrates the acquisition or sale cost, as the case may be, and in case of non-exercise, the paid premium is registered as an expense and the received premium as revenue. in the old text
  • §5. When dealing with locked operations, the appropriation can be made by the internal rate of the operation. in the old text
  • §6. In financing operations, a provision may be constituted to adjust the market value to the financing curve. in the old text
  • §7. Margin values, given as guarantee for operations carried out in stock exchanges, futures, and organized over-the-counter markets, must be registered in: II - clearing accounts, when through a bond letter or equivalent. in the old text
  • §3. Withholdings and contributions must be accounted for on the date of recognition of earnings and capital gains, according to the taxation system. in the old text
  • Art. 7. Explanatory notes must contain relevant and complementary information to that contained in the accounting statements accompanying them. in the old text

“Not carried over” means the sentence has no counterpart in this text; the rule can still be in force in another text.

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