CVM Instruction No. 490 of January 24, 2011

CVM INSTRUCTION NO. 490, OF JANUARY 24, 2011
Amends articles of CVM Instruction No. 28, of November 23, 1983.

THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION - CVM makes public that the Board, in a meeting held on January 19, 2011, based on the provisions of Articles 4 and 8 of Law No. 6,385, of December 7, 1976, APPROVED the following Instruction:

Art. 1. Articles 2, 10, 12, and 19 of CVM Instruction No. 28, of November 23, 1983, shall enter into force with the following wording:

“Art. 2. ...
...
§ 2. The assembly referred to in the preceding paragraph may be convened by the fiduciary agent to be replaced, by the issuing company, by debenture holders representing at least 10% (ten percent) of the securities in circulation, or by the Securities and Exchange Commission (CVM). If the convocation does not occur until 15 (fifteen) days before the end of the term referred to in § 1, it shall be the responsibility of the issuing company to convene it.” (NR)

“Art. 10. ...
I - natural person or financial institution:
a) who already performs the function in another issuance of the same company; ......” (NR)

“Art. 12 ...
...
XVII - prepare a report for debenture holders, in accordance with Article 68, § 1, b of Law No. 6,404, of 1976, which must contain, at least, the following information:

CVM INSTRUCTION NO. 490, OF JANUARY 24, 2011
2
... k) existence of other issuances of debentures, public or private, made by affiliated, controlled, controlling, or same-group companies of the issuer in which it has acted as fiduciary agent during the period, as well as the following data regarding such issuances:

1. name of the offering company;
2. issuance value;
3. quantity of debentures issued;
4. type;
5. maturity date of the debentures;
6. type and value of assets pledged and name of guarantors;
7. events of redemption, amortization, conversion, repactuation, and default during the period.
   ...
   XXV – disclose the information referred to in item “k” of item XVII of the main text on its website on the World Wide Web as soon as it becomes aware of them.” (NR)

“Art. 19. Non-compliance with the provisions of Articles 7; 8; 10; 12, items I to XVIII and XXI to XXV; and 13 of this Instruction is considered a serious offense, for the purposes of Article 11, § 3, of Law No. 6,385, of 1976.” (NR)

Art. 2. This Instruction enters into force on the date of its publication.

Signed original by
MARIA HELENA DOS SANTOS FERNANDES DE SANTANA
President