Rule · CVM · 21 Sep 2011
Administrators of investment funds listed in Article 1 must submit monthly credit risk data to the SCR by the 10th business day after month-end, using BCB models. Submission follows phased schedules: financial segment rights begin January 31, 2012 (assisted) and March 30, 2012 (definitive); commercial segment rights begin June 30, 2012 (assisted) and September 30, 2012 (definitive). Administrators must maintain credit rights databases, keep monthly reconciliation statements available to the CVM for five years, and obtain verifiable debtor authorization for SCR consultation. Non-compliance with submission deadlines incurs a daily fine of R$ 200.00, applicable from the definitive production regime stage.
FULL TEXT OF CVM INSTRUCTION NO. 504, OF SEPTEMBER 21, 2011, WITH AMENDMENTS INTRODUCED BY CVM INSTRUCTIONS NO. 532/13 AND 609/19.Provides for the submission of information by specified investment funds to the Credit Information System - SCR of the Central Bank of Brazil - BCB.THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION - CVM makes public that the Board, in a session held on September 13, 2011, in view of the provisions of arts. 2, item IX, and 8, item I, of Law No. 6,385, of December 7, 1976, APPROVED the following Instruction:Art. 1 This instruction provides for the submission of information to the Credit Information System - SCR of the Central Bank of Brazil - BCB by administrators of credit rights investment funds - FIDC, credit rights investment funds within the scope of the Program for Incentive to the Implementation of Social Interest Projects - FIDC-PIPS, and non-standardized credit rights investment funds - FIDC-NP.Art. 2 The administrators of investment funds listed in art. 1 must send to the SCR a document composed of individualized credit risk data referring to each credit operation, according to models available on the BCB's website.Sole Paragraph. Administrators must submit the document monthly, by the 10th (tenth) business day after the end of the month to which they refer.Art. 3 The submission of the document by the administrators of the investment funds listed in art. 1 must follow the following schedule:I – Phase 1 – credit rights from the financial segment:a) in assisted production regime, from the reference date of January 31, 2012, inclusive; andb) in definitive production regime, from the reference date of March 30, 2012, inclusive.II – Phase 2 – credit rights from the commercial segment:a) in assisted production regime, from the reference date of June 30, 2012, inclusive; andb) in definitive production regime, from the reference date of September 30, 2012, inclusive.III – Phase 3 – credit rights from other segments:a) in assisted production regime, from the reference date of October 31, 2012, inclusive; andb) in definitive production regime, from the reference date of February 28, 2013, inclusive.CVM INSTRUCTION NO. 504, OF SEPTEMBER 21, 2011I – Phase 1 – credit rights from the financial segment:a) in assisted production regime, from the reference date of April 2013, with information related to all operations acquired from that reference date; andb) in definitive production regime, from the reference date of June 2013, with information related to all operations contained in the fund's portfolio, related to the segment;II – Phase 2 – credit rights from the commercial segment:a) in assisted production regime, from the reference date of July 2013, with information related to all operations acquired from that reference date; andb) in definitive production regime, from the reference date of September 2013, with information related to all operations contained in the fund's portfolio, related to the segment; andIII –
Phase 3 – credit rights from other segments:a) in assisted production regime, from the reference date of October 2013, with information related to all operations acquired from that reference date; andb) in definitive production regime, from the reference date of February 2014, with information related to all operations contained in the fund's portfolio, related to the segment. Article 3 with wording given by CVM Instruction No. 532, of March 27, 2013CVM INSTRUCTION NO. 504, OF SEPTEMBER 21, 2011Art. 4 The administrators of the investment funds listed in art. 1 must maintain in databases the information necessary to comply with the provisions of this instruction, related to credit rights acquired from its effective date.Art. 4 The administrators of the investment funds listed in art. 1 must maintain in databases the information necessary to comply with the provisions of this instruction, related to credit rights acquired by the fund. Article 4 with wording given by CVM Instruction No. 532, of March 27, 2013Art. 5 The administrators of the investment funds listed in art. 1 must keep available to the CVM, for a period of five years, or for a longer period by express determination of the CVM in case of an administrative proceeding, the monthly reconciliation statements of the data contained in the accounting documents and the information sent to the SCR.Art. 6 The administrators of the investment funds listed in art. 1 must obtain specific authorization from the debtor, verifiable, for the purpose of consulting the information contained in the SCR.Art. 7 In accordance with the specific rules on the matter, the administrators of the investment funds listed in art. 1 are subject to a daily fine of R$ 200.00 (two hundred reais) due to non-compliance with the deadlines provided in this Instruction for the submission of information.Art. 7 The administrators of the investment funds listed in art. 1 are subject to the daily fine provided for in the specific rule that deals with coercive fines due to non-compliance with the deadlines provided in this Instruction for the submission of information, without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976. Art. 7 with wording given by CVM Instruction No. 609, of June 25, 2019.Sole Paragraph. The administrators of the investment funds listed in art. 1 are subject to the fine provided for in the main paragraph from the definitive production regime stage of the document provided for in art. 3 of this instruction.Art. 8 This Instruction will enter into force on January 1, 2012.Originally signed byMARIA HELENA DOS SANTOS FERNANDES DE SANTANAPresident
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Amended 2 times · last 2019-06-25
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