CVM Instruction No. 519 of January 26, 2012

CVM INSTRUCTION NO. 519, OF JANUARY 26, 2012.
Amends articles of CVM Instruction No. 28, of November 23, 1983.

THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION - CVM makes public that the Collegiate Body, in a meeting held on January 18, 2012, based on the provisions of Articles 4 and 8, item I, of Law No. 6,385, of December 7, 1976, APPROVED the following Instruction:

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

“Art. 10. ...

I - ... a) (REVOKED)

...

§ 1. The fiduciary agent who acts in this function in another issuance of the same company, affiliated, controlled, controlling, or integrated company within the same group must ensure equitable treatment for all debenture holders.

§ 2. Whenever contracting a fiduciary agent who acts in another issuance of the same company or of an affiliated, controlled, controlling, or integrated company within the same group, the company must disclose this information, prominently, specifying the data contained in Article 12, item XVII, letter “k”:

I - in the issuance deed;
II - in the “Issuer Summary” section, whenever there is an offering prospectus; and III - in advertisements and other advertising materials, if any.” (NEW)

“Art. 12 ...

CVM INSTRUCTION NO. 519, OF JANUARY 26, 2012

...

IV - (REVOKED)

...

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

... k) existence of other debenture issuances, public or private, made by the issuing company itself, by an affiliated, controlled, controlling, or integrated company within the same group of the issuer in which it has acted as fiduciary agent, as well as the following data regarding such issuances:

1. name of the offering company;
2. value of the issuance;
3. quantity of debentures issued;
4. type/species;
5. maturity date of the debentures;
6. type and value of the assets given as collateral and name of the guarantors; and
7. events of redemption, amortization, conversion, renegotiation, and default during the period.

...

XXII - (REVOKED)

...” (NEW)

CVM INSTRUCTION NO. 519, OF JANUARY 26, 2012

Art. 3. Letter “a” of item I of Article 10 and items IV and XXII of Article 12 of CVM Instruction No. 28, of November 23, 1983, are hereby revoked.

Art. 4. This Instruction enters into force on the date of its publication.

Signed original by
MARIA HELENA DOS SANTOS FERNANDES DE SANTANA
President