CVM Instruction No. 609, of June 25, 2019, with amendments introduced by CVM Resolutions No. 13/20, 19/21, 21/21 and 82/22 (Revoked)

BRAZILIAN SECURITIES COMMISSION
Rua Sete de Setembro, 111/2-5º and 23-34º Floors, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º and 4º Floors, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brazil - Tel.: (11) 2146-2000 CVM INSTRUCTION NO. 609, OF JUNE 25, 2019, WITH AMENDMENTS INTRODUCED BY CVM RESOLUTIONS NO. 13/20, 19/21, 21/21 AND 82/22. Revokes CVM Instruction No. 113, of March 13, 1990, and CVM Instruction No. 276, of May 8, 1998, and amends and adds provisions to CVM Instruction No. 260, of April 9, 1997, CVM Instruction No. 265, of July 18, 1997, CVM Instruction No. 279, of May 14, 1998, CVM Instruction No. 280, of May 14, 1998, CVM Instruction No. 308, of May 14, 1999, CVM Instruction No. 356, of December 17, 2001, CVM Instruction No. 359, of January 22, 2002, CVM Instruction No. 398, of October 28, 2003, CVM Instruction No. 399, of November 21, 2003, CVM Instruction No. 401, of December 29, 2003, CVM Instruction No. 423, of September 28, 2005, CVM Instruction No. 426, of December 28, 2005, CVM Instruction No. 462, of November 26, 2007, CVM Instruction No. 472, of October 31, 2008, CVM Instruction No. 480, of December 7, 2009, CVM Instruction No. 504, of September 21, 2011, CVM Instruction No. 510, of December 5, 2011, CVM Instruction No. 521, of April 25, 2012, CVM Instruction No. 555, of December 17, 2014, CVM Instruction No. 558, of March 26, 2015, CVM Instruction No. 560, of March 27, 2015, CVM Instruction No. 578, of August 30, 2016, CVM Instruction No. 588, of July 13, 2017, and CVM Instruction No. 592, of November 17, 2017. THE PRESIDENT OF THE BRAZILIAN SECURITIES COMMISSION - CVM makes public that the Collegiate Body, in a meeting held on May 30, 2019, based on items II and IV, and § 1 of art. 9, and § 11 of art. 11 of Law No. 6,385, of December 7, 1976, APPROVED the following Instruction:

BRAZILIAN SECURITIES COMMISSION
Rua Sete de Setembro, 111/2-5º and 23-34º Floors, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º and 4º Floors, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brazil - Tel.: (11) 2146-2000 Art. 1. Article 30 of CVM Instruction No. 260, of April 9, 1997, shall come into force with the following redaction:
“Art. 30. Non-compliance, by the issuing company, with the obligations and respective deadlines provided in this Instruction, shall result in the application of the daily fine provided for in the specific rule that deals with comminatory fines, without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976.” (NW) Art. 2. Article 14 of CVM Instruction No. 265, of July 18, 1997, shall come into force with the following redaction:
“Art. 14. The company benefiting from resources originating from tax incentives is subject to a daily fine provided for in the specific rule that deals with comminatory fines due to non-compliance with the deadlines provided in this Instruction for the submission of periodic information, without prejudice to the power attributed to the CVM and to organized market managing entities to suspend the trading of securities, under the responsibility of the administrators, in accordance with Decree-Law No. 2,298, of 1986, and any penalties to be applied by the Ministry of National Integration or by operating banks. ......” (NW) Art. 3. Article 36 of CVM Instruction No. 279, of May 14, 1998, shall come into force with the following redaction:
“Art. 36. Without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976, the managing institution that does not forward the information provided in this Instruction to the CVM shall be subject to the daily fine provided for in the specific rule that deals with comminatory fines. Sole Paragraph. The daily fine referred to in the caput does not apply to the daily report, but the CVM may ascertain the administrator's responsibility in accordance with art. 11 of Law No. 6,385, of 1976, if the information is not forwarded within the deadline provided for in item I of art. 30-B.” (NW) Art. 4. Article 29 of CVM Instruction No. 280, of May 14, 1998, shall come into force with the following redaction:

BRAZILIAN SECURITIES COMMISSION
Rua Sete de Setembro, 111/2-5º and 23-34º Floors, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º and 4º Floors, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brazil - Tel.: (11) 2146-2000 “Art. 29. The administrator who does not forward the information provided in this Instruction to the CVM shall be subject to the daily fine provided for in the specific rule that deals with comminatory fines, without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976.” (NW) Art. 5. Article 18 of CVM Instruction No. 308, of May 14, 1999, shall come into force with the following redaction:
“Art. 18. Independent auditors who do not present the information indicated in arts. 16, 17 and in §§ 1 and 2 of art. 28, within the deadlines specified in this Instruction, are subject to the daily fine provided for in the specific rule that deals with comminatory fines. Sole Paragraph. The value of the comminatory fine referred to in the caput shall be reduced by half when the independent auditor has no clients in the securities market.” (NW) Art. 6. Article 63 of CVM Instruction No. 356, of December 17, 2001, shall come into force with the following redaction:
“Art. 63. The administrator is subject to the daily fine provided for in the specific rule that deals with comminatory fines due to non-compliance with the deadlines provided in this Instruction, without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976.” (NW) Art. 7. Article 77 of CVM Instruction No. 359, of January 22, 2002, shall come into force with the following redaction:
“Art. 77. Without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976, the administrator is subject to the daily fine provided for in the specific rule that deals with comminatory fines due to non-compliance with the deadlines provided in this Instruction. Sole Paragraph. The daily fine referred to in the caput does not apply to the daily report, but the CVM may ascertain the administrator's responsibility in accordance with art. 11 of Law No. 6,385, of 1976, if the information is not forwarded within the deadline provided for in item I of art. 43.” (NW) Art. 8. Article 90 of CVM Instruction No. 398, of October 28, 2003, shall come into force with the following redaction:

BRAZILIAN SECURITIES COMMISSION
Rua Sete de Setembro, 111/2-5º and 23-34º Floors, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º and 4º Floors, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brazil - Tel.: (11) 2146-2000 “Art. 90. The managing institution is subject to the daily fine provided for in the specific rule that deals with comminatory fines due to non-compliance with the deadlines provided in this Instruction, without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976.” (NW) Art. 9. Article 79 of CVM Instruction No. 399, of November 21, 2003, shall come into force with the following redaction:
“Art. 79. The administrator is subject to the daily fine provided for in the specific rule that deals with comminatory fines due to non-compliance with the deadlines provided in this Instruction, without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976.” (NW) Art. 10. Article 20 of CVM Instruction No. 401, of December 29, 2003, shall come into force with the following redaction:
“Art. 20. The Municipality is subject to the daily fine provided for in the specific rule that deals with comminatory fines due to non-compliance with the deadlines provided for in article 7 of this Instruction, without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976.” (NW) Art. 11. Article 8 of CVM Instruction No. 423, of September 28, 2005, shall come into force with the following redaction:
“Art. 8. Without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976, the fund administrator is subject to the daily fine provided for in the specific rule that deals with comminatory fines due to non-compliance with the deadlines provided in this Instruction. Sole Paragraph. The daily fine referred to in the caput does not apply to the daily report, but the CVM may ascertain the administrator's responsibility in accordance with art. 11 of Law No. 6,385, of 1976, if the information is not forwarded within the deadline provided for in item I of art. 3.” (NW) Art. 12. Article 9 of CVM Instruction No. 426, of December 28, 2005, shall come into force with the following redaction:

BRAZILIAN SECURITIES COMMISSION
Rua Sete de Setembro, 111/2-5º and 23-34º Floors, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º and 4º Floors, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brazil - Tel.: (11) 2146-2000 “Art. 9. The legal entity responsible for the administration of the FGP's securities portfolio that does not disclose the information provided in this Instruction is subject to the daily fine provided for in the specific rule that deals with comminatory fines, without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976.” (NW) Art. 13. Article 38 of CVM Instruction No. 462, of November 26, 2007, shall come into force with the following redaction:
“Art. 38. The administrator is subject to the daily fine provided for in the specific rule that deals with comminatory fines due to non-compliance with the deadlines provided in this Instruction, without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976.” (NW) Art. 13. REVOKED Art. 13 revoked by CVM Resolution No. 82, of March 29, 2022. Art. 14. Article 57 of CVM Instruction No. 472, of October 31, 2008, shall come into force with the following redaction:
“Art. 57. Non-compliance with the deadlines established in this Instruction subjects the administrator to the daily fine provided for in the specific rule that deals with comminatory fines, without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976.” (NW) Art. 15. Articles 21, 30, 31 and 58 of CVM Instruction No. 480, of December 7, 2009, shall come into force with the following redaction:
“Art. 21......
VIII – administration's proposal on the topics to be deliberated in ordinary general meetings, in accordance with the terms and deadlines established in a specific rule;
......
XIII – distance voting ballot, in accordance with the terms and deadlines established in a specific rule;

BRAZILIAN SECURITIES COMMISSION
Rua Sete de Setembro, 111/2-5º and 23-34º Floors, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º and 4º Floors, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brazil - Tel.: (11) 2146-2000
......
XV – synthetic map of shareholders' voting instructions compiled by the bookkeeper, in accordance with the terms and deadlines established in a specific rule; XVI – synthetic voting map consolidating votes cast remotely, in accordance with the terms and deadlines established in a specific rule; XVII – final synthetic voting map, in accordance with the terms and deadlines established in a specific rule; and XVIII – final detailed voting map, in accordance with the terms and deadlines established in a specific rule.
......
§ 4. The issuer is exempt from submitting the documents required by items VIII, XIII, XV, XVI, XVII and XVIII of the caput, if it is not subject to the specific rule that provides for remote participation and voting by shareholders of publicly traded companies.” (NW)
“Art. 30. ......
II – administration's proposal on the topics to be deliberated in extraordinary, special and debenture holders' general meetings, in accordance with the terms and deadlines established in a specific rule;
......
XXXV – distance voting ballot, in accordance with the terms and deadlines established in a specific rule; XXXVII – synthetic map of shareholders' voting instructions compiled by the bookkeeper, in accordance with the terms and deadlines established in a specific rule; XXXVIII – synthetic voting map consolidating votes cast remotely, in accordance with the terms and deadlines established in a specific rule;

BRAZILIAN SECURITIES COMMISSION
Rua Sete de Setembro, 111/2-5º and 23-34º Floors, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º and 4º Floors, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brazil - Tel.: (11) 2146-2000 XXXIX – final synthetic voting map, in accordance with the terms and deadlines established in a specific rule; XL – final detailed voting map, in accordance with the terms and deadlines established in a specific rule; and XLI – communications about trading of securities issued by it, in accordance with the terms and deadlines established in a specific rule.
......
§ 7. The issuer is exempt from submitting the documents required by items II, XXXV, XXXVII, XXXVIII and XXXIX of the caput, if it is not subject to the specific rule that provides for remote participation and voting by shareholders of publicly traded companies.” (NW)
“Art. 31......
II – all documents necessary for the exercise of the right to vote in debenture holders' general meetings, in accordance with the terms and deadlines established by law;
......
XXV – communications about trading of securities issued by it, in accordance with the terms and deadlines established in a specific rule.” (NW) “Art. 58. The issuer is subject to the daily fine provided for in the specific rule that deals with comminatory fines due to non-compliance with the deadlines provided in this Instruction for the submission of periodic information, without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976. § 1 (REVOKED) § 2. The fine referred to in the caput shall not be applied to an issuer that is in bankruptcy or in liquidation.” (NW)

BRAZILIAN SECURITIES COMMISSION
Rua Sete de Setembro, 111/2-5º and 23-34º Floors, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º and 4º Floors, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brazil - Tel.: (11) 2146-2000 Art. 16. Article 21-W of CVM Instruction No. 481, of December 17, 2009, shall come into force with the following redaction:
“Art. 21-W. ......
§ 7. The company that discloses the final detailed voting map on the same day as the meeting is exempt from submitting the final synthetic voting map.” (NW) Art. 17. Article 7 of CVM Instruction No. 504, of September 21, 2011, shall come into force with the following redaction:
“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 comminatory 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.” (NW) Art. 18. Article 5 of CVM Instruction No. 510, of December 5, 2011, shall come into force with the following redaction:
“Art. 5. Non-compliance with the provisions of art. 1 subjects the participant to the daily fine provided for in the specific rule that deals with comminatory fines.” (NW) Art. 19. Article 34 of CVM Instruction No. 521, of April 25, 2012, shall come into force with the following redaction:
“Art. 34. The credit rating agency is subject to the daily fine provided for in the specific rule that deals with comminatory fines due to non-compliance with the deadlines provided in this Instruction for the submission of periodic information, without prejudice to the provisions of art. 6,385, of 1976.” (NW) Art. 20. Article 142 of CVM Instruction No. 555, of December 17, 2014, shall come into force with the following redaction:

BRAZILIAN SECURITIES COMMISSION
Rua Sete de Setembro, 111/2-5º and 23-34º Floors, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º and 4º Floors, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brazil - Tel.: (11) 2146-2000 “Art. 142. Without prejudice to the provisions of art. 11 of Law No. 6,385, of December 7, 1976, the administrator is subject to the daily fine provided for in the specific rule that deals with comminatory fines due to non-compliance with the deadlines for submitting periodic information.” Sole Paragraph. The daily fine referred to in the caput does not apply to the daily report, but the CVM may ascertain the administrator's responsibility in accordance with art. 11 of Law No. 6,385, of 1976, if the information is not forwarded within the deadline provided for in item I of art. 59.” (NW) Art. 21. Articles 7-A and 7-B are added to CVM Instruction No. 555, of 2014, with the following redaction:
“7-A Registration as referred to in art. 7 shall not be granted to an administrator whose funds managed by him are more than 60 (sixty) days late in complying with the deadlines for submitting the periodic information provided in the regulation.” (NW). “7-B In exceptional situations, and upon a reasoned request, the Superintendence of Institutional Investor Relations – SIN may waive compliance with the provisions of art. 7-A. § 1. In analyzing the requests referred to in the caput, SIN may consider, among other factors:
I – whether there was a change of the fund administrator after the beginning of the deadline referred to in art. 7-A; II – whether the delay results from the unavailability of information from other funds or issuers of securities in which the fund invests, without the administrator having caused such unavailability or having means to remedy it; and III – the number of funds managed by the applicant with overdue periodic information. § 2. SIN has 10 (ten) business days to respond to the request.” (NW) Art. 22. Article 33 of CVM Instruction No. 558, of March 26, 2015, shall come into force with the following redaction:

BRAZILIAN SECURITIES COMMISSION
Rua Sete de Setembro, 111/2-5º and 23-34º Floors, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º and 4º Floors, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brazil - Tel.: (11) 2146-2000 “Art. 33. The securities portfolio administrator is subject to the daily fine provided for in the specific rule that deals with comminatory fines due to non-compliance with the deadlines provided in this Instruction for the submission of periodic information, without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976.” (NW) Art. 22. REVOKED Art. 22 revoked by CVM Resolution No. 21, of February 25, 2021. Art. 23. Article 23 of CVM Instruction No. 560, of March 27, 2015, shall come into force with the following redaction:
“Art. 23. The representative is subject to the daily fine provided for in the specific rule that deals with comminatory fines due to non-compliance with the deadlines provided in this Instruction for the submission of periodic information, without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976.” (NW) Art. 23. REVOKED Art. 23 revoked by CVM Resolution No. 13, of November 18, 2020. Art. 24. Article 56 of CVM Instruction No. 578, of August 30, 2016, shall come into force with the following redaction:
“Art. 56. The administrator is subject to the daily fine provided for in the specific rule that deals with comminatory fines due to non-compliance with the deadlines for submitting information provided in this Instruction, without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976.” (NW) Art. 25. Article 47 of CVM Instruction No. 588, of July 13, 2017, shall come into force with the following redaction:
“Art. 47. The platform administrator is subject to the daily fine provided for in the specific rule that deals with comminatory fines due to non-compliance with the deadlines for submitting information referred to in art. 27, without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976.” (NW)

BRAZILIAN SECURITIES COMMISSION
Rua Sete de Setembro, 111/2-5º and 23-34º Floors, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º and 4º Floors, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brazil - Tel.: (11) 2146-2000 Art. 26. Article 24 of CVM Instruction No. 592, of November 17, 2017, shall come into force with the following redaction:
“Art. 24. The securities consultant is subject to the daily fine provided for in the specific rule that deals with comminatory fines due to non-compliance with the deadlines provided in this Instruction for the submission of periodic information, without prejudice to the provisions of art. 11 of Law No. 6,385, of 1976” (NW) Art. 26. REVOKED Art. 26 revoked by CVM Resolution No. 19, of February 25, 2021. Art. 27. § 1 of art. 58 of CVM Instruction No. 480, of December 7, 2009, CVM Instruction No. 113, of March 13, 1990, and CVM Instruction No. 276, of May 8, 1998, are hereby revoked. Art. 28. This Instruction shall come into force on January 1, 2020. Originally signed by Marcelo Barbosa President