Rule · CVM · 31 Oct 2018
Issuers of CRI must obtain prior CVM registration for public offerings, though intermediary participation is waived for raises under R$ 100,000,000.00 if cumulative conditions are met. Entities must not acquire or subscribe to credit rights or debt securities from related parties to back emissions, except as specified. This Instruction replaces Articles 9 and 16-A of CVM Instruction No. 414, and Articles 17 and 40 of CVM Instruction No. 600. It enters into force upon publication, applying to emissions from that date, with specific articles applying to all emissions. Revoked provisions include Article 4 of Annex 32-II and Article 2 of Annex 32-III of CVM Instruction No. 480.
BRAZILIAN SECURITIES COMMISSION
Rua Sete de Setembro, 111/2-5º and 23-34º Floors, Centro, Rio de Janeiro/RJ – ZIP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º and 4º Floors, Bela Vista, São Paulo/ SP – ZIP: 01333-010 – Brazil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4º Floor, Brasília/DF – ZIP: 70712-900 – Brazil -Tel.: (61) 3327-2030/2031 www.cvm.gov.br CVM INSTRUCTION N o 603, OF OCTOBER 31, 2018 Amends provisions of CVM Instructions No. 414, of December 30, 2004, No. 480, of December 7, 2009, and No. 600, of August 1, 2018. THE PRESIDENT OF THE BRAZILIAN SECURITIES COMMISSION - CVM makes public that the Collegiate Body, in a meeting held on October 30, 2018, in view of the provisions of Law No. 11,076, of December 30, 2004, Law No. 9,514, of November 20, 1997, and arts. 2º, IX, 8º, I, 19, § 5º, 20, 21 and 22 of Law No. 6,385, of December 7, 1976, APPROVED the following Instruction:
Art. 1º Arts. 9º and 16-A of CVM Instruction No. 414, of December 30, 2004, shall come into force with the following wording:
“Art. 9º The public offering of distribution of CRI depends on prior registration with the CVM, except in cases of registration waiver provided for in specific regulation, with the participation of an intermediary institution being waived in public offerings of distribution of CRI for raising an amount not exceeding R$ 100,000,000.00 (one hundred million reais), provided that, cumulatively:
......” (NR)
“Art. 16-A. ......
......
I – acquire credit rights or subscribe debt securities originated or issued, directly or indirectly, by parties related to it for the purpose of backing its emissions, except:
......” (NR)
BRAZILIAN SECURITIES COMMISSION
Rua Sete de Setembro, 111/2-5º and 23-34º Floors, Centro, Rio de Janeiro/RJ – ZIP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º and 4º Floors, Bela Vista, São Paulo/ SP – ZIP: 01333-010 – Brazil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4º Floor, Brasília/DF – ZIP: 70712-900 – Brazil -Tel.: (61) 3327-2030/2031 www.cvm.gov.br CVM INSTRUCTION N o 603, OF OCTOBER 31, 2018 Art. 2º Arts. 17 and 40 of CVM Instruction No. 600, of August 1, 2018, shall come into force with the following wording:
“Art. 17. ......
......
I – acquire credit rights or subscribe debt securities originated or issued, directly or indirectly, by parties related to it for the purpose of backing its emissions, except:
......” (NR)
“Art. 40. ......
§ 1º The rules of this Instruction only apply to emissions occurring from its effective date, except in relation to the provisions of arts. 32, 34 and 37, which apply to all emissions.
§ 2º ......
§ 3º Art. 33 of this Instruction applies to all emissions, except in relation to the provisions of arts. 30, § 6º, and 31, § 3º, of CVM Instruction No. 480, of 2009, which apply only to emissions occurring from the effective date of this Instruction.” (NR) Art. 3º Art. 4º of Annex 32-II and Art. 2º of Annex 32-III, of CVM Instruction No. 480, of December 7, 2009, are hereby revoked. Art. 4º This Instruction enters into force on the date of its publication. Originally signed by MARCELO BARBOSA President
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Amended 1 time · last 2021-12-23
This document amends: CVM Instruction No. 600 on Agribusiness Receivables Certificates (CRA) Public Distribution Regime and Amendments to Other CVM Instructions, CVM Instruction 480 (Repealed) - Registration of Issuers of Securities Admitted to Trading on Regulated Markets, CVM Instruction 414 of December 30, 2004: Registration of Real Estate Credit Securitization Companies and Public Offering of Real Estate Receivable Certificates
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