CVM Instruction No. 492 of February 23, 2011

CVM INSTRUCTION NO. 492, OF FEBRUARY 23, 2011
Amends CVM Instruction No. 361, of March 5, 2002.

THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION - CVM makes public that the Collegiate Body, in a meeting held on February 22, 2011, in accordance with the provisions of Article 8, item I, of Law No. 6,385, of December 7, 1976, HAS RESOLVED to issue the following Instruction:

Article 1. Articles 35-A and 37 of CVM Instruction No. 361, of March 5, 2002, shall enter into force with the following wording:

“Article 35-A. Upon the request of the controlling shareholder, the CVM may authorize adjustments to the number of outstanding shares that serves as the basis for calculating the one-third (1/3) limit provided for in Articles 15, item I, and 26, if that number has changed significantly after the dates established in the aforementioned provisions and in Article 37, §1, due to capital increases, public distribution offers, or corporate transactions.” (NR)

“Article 37 ...
§1. For the purpose of applying to public companies existing on the date of entry into force of this Instruction the provisions of Articles 15, item I, and 26, the one-third (1/3) limit of outstanding shares referred to therein shall be calculated considering the outstanding shares on the date of entry into force of CVM Instruction No. 345, of September 4, 2000, so that the shares acquired by the offeror, through a public offer, since that date, are deducted from the balance to be acquired. ......” (NR)

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

Signed Original
MARIA HELENA DOS SANTOS FERNANDES DE SANTANA
President