CVM Instruction No. 582 of November 22, 2016

COMMISSION OF SECURITIES AND MARKETS
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CVM INSTRUCTION No.
582, OF NOVEMBER 22, 2016

Amends CVM Instruction No. 543, of December 20, 2013, CVM Instruction No. 555, of December 17, 2014, and provides other measures.

THE PRESIDENT OF THE COMMISSION OF SECURITIES AND MARKETS - CVM makes public that the Collegiate Body, in a meeting held on November 8, 2016, considering the provisions of Article 8, item I of Law No. 6.385, of December 7, 1976, Articles 34, § 2nd; 101 and 293 of Law No. 6.404, of December 15, 1976, and Article 24, § 2nd, of Law No. 12.810, of May 15, 2013, APPROVED the following Instruction:

Art. 1. Articles 3 and 12 of CVM Instruction No. 543, of December 20, 2013, shall enter into force with the following wording:

“Art. 3. ...
...
II – applies:
a) in the case of public distribution, to instruments subject to CVM competence in such situation; and b) in cases of centralized deposit, to securities issued exclusively in book-entry form, through registration in systems authorized for such purpose. Sole paragraph. REVOKED” (NR)

“Art. 12. ...
§ 1st. In the event of discontinuity in the provision of bookkeeping services, the issuer must replace the bookkeeper within 15 (fifteen) business days.
§ 2nd. The bookkeeper must immediately transfer to the contracting party or to the person indicated by them, the data and documents related to the services provided until the moment of discontinuity of the service provision.

COMMISSION OF SECURITIES AND MARKETS
Rua Sete de Setembro, 111/2-5th and 23-34th Floors – Center – Rio de Janeiro - RJ – ZIP: 20050-901 – Brazil Tel.: (21) 3554-8686 - www.cvm.gov.br CVM INSTRUCTION No. 582, OF NOVEMBER 22, 2016 2

§ 3rd. In the event of failure to replace the bookkeeper within the period indicated in § 1st, the issuer must automatically assume the reconciliation obligations before the central depository, in accordance with specific regulation. § 4th. After 90 (ninety) days have elapsed from the assumption of reconciliation obligations by the issuer in accordance with § 3rd, or if the issuer fails to comply with said obligations, the central depository may extinguish the centralized deposit, in accordance with the provisions of its regulation. § 5th. In the event of extinction of the centralized deposit referred to in § 4th, with respect to the assets referred to in Article 3, II, the extinction must occur through the migration of controls related to said assets to the registration systems in which the issuance was originally registered.” (NR)

Art. 2. Article 79 of CVM Instruction No. 555, of December 17, 2014, shall enter into force with the following wording:

“Art. 79. ...
...
§ 5th. Funds managed by financial institutions do not need to contract the service provided for in item III of § 2nd of Article 78 when this is executed by their administrator, who in this case is considered authorized to provide such service. ......” (NR)

Art. 3. Administrators of funds that are financial institutions and that provide bookkeeping services for issuance and redemption of shares without CVM authorization in accordance with CVM Instruction No. 543, of 2013, must, within 6 (six) months after the date of entry into force of this Instruction, request the corresponding authorization to provide bookkeeping services for securities. § 1st. The request referred to in the main text must be accompanied by the information and documents referred to in Annex 6 of CVM Instruction No. 543, of 2013.

COMMISSION OF SECURITIES AND MARKETS
Rua Sete de Setembro, 111/2-5th and 23-34th Floors – Center – Rio de Janeiro - RJ – ZIP: 20050-901 – Brazil Tel.: (21) 3554-8686 - www.cvm.gov.br CVM INSTRUCTION No. 582, OF NOVEMBER 22, 2016 3

§ 2nd. The provider of bookkeeping services for securities who makes the authorization request in accordance with § 1st must adapt to the provisions of CVM Instruction No. 543, of 2013, within 12 (twelve) months after the entry into force of this Instruction, in accordance with timeframes and procedures established by the Superintendence of Market and Intermediary Relations – SMI.

Art. 4. The sole paragraph of Article 3 of CVM Instruction No. 543, of December 20, 2013, is revoked.

Art. 5. This Instruction enters into force on the date of its publication.

Signed original by
LEONARDO P. GOMES PEREIRA
President