Rule · CVM · 12 Jul 2023
Credit rating agencies must submit registration requests to the Supervision of Securitization Superintendency (SSE) with Annex A documents. The SSE has 30 days to analyze complete requests; applicants have 20 days to respond to deficiencies, extendable by 10 days. Automatic approval occurs if the SSE remains silent, while automatic denial results from applicant failure to meet deadlines. This resolution replaces CVM Resolution No. 9 of October 27, 2020, and enters into force on August 1, 2023.
SECURITIES AND EXCHANGE COMMISSION OF BRAZIL
Rua Sete de Setembro, 111/2-5th and 23-34th Floors, Center, Rio de Janeiro/RJ – ZIP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2nd, 3rd and 4th Floors, Bela Vista, São Paulo/ SP – ZIP: 01333-010 – Brazil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4th Floor, Brasília/DF – ZIP: 70712-900 – Brazil - Tel.: (61) 3327-2030/2031 www.cvm.gov.br CVM RESOLUTION NO. 185, OF JULY 12, 2023 Amends CVM Resolution No. 9, of October 27, 2020.
THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION OF BRAZIL – CVM makes public that the Board, in a meeting held on July 11, 2023, based on the provisions of Article 8, I, of Law No. 6.385, of December 7, 1976, APPROVED the following Resolution:
Art. 1st CVM Resolution No. 9, of October 27, 2020, shall enter into force with the following wording:
“Art. 4th The registration request must be sent to the Supervision of Securitization Superintendency - SSE and accompanied by the documents identified in Annex A.
§ 1st The SSE has up to 10 (ten) days to indicate to the participant the absence of any document provided for in Annex A.
§ 2nd The SSE has 30 (thirty) days to analyze the request, counted from the date of filing, provided that the request is accompanied by all documents necessary for the granting of the authorization.
§ 3rd If any of the documents necessary for the granting of the authorization are not filed with the registration request, the period referred to in the main text shall be counted from the date of filing of the last document that completes the instruction of the authorization request.
§ 4th The period referred to in the main text may be interrupted only once, if the SSE requests additional information or documents from the applicant.
§ 5th The applicant has 20 (twenty) days to comply with the requirements formulated by the SSE.
§ 6th The period to comply with the requirements may be extended, only once, by 10 (ten) days, upon prior and justified request made by the applicant to the SSE.
§ 7th The SSE has 20 (twenty) days to manifest itself regarding the compliance with the requirements and the approval of the request, counted from the date of filing of the documents and information delivered to comply with the requirements.
§ 8th If the requirements have not been met, the SSE, within the period established in § 7th, will send a letter to the applicant indicating the requirements that were not considered met.
§ 9th Within 10 (ten) days counted from the receipt of the letter referred to in § 8th or the remainder of the period for the end of the period referred to in § 5th, whichever is longer, the applicant may comply with the requirements that were not considered met.
§ 10th The SSE has 10 (ten) days to manifest itself regarding the compliance with the requirements and the approval of the registration request, counted from the date of filing of the documents and information delivered to comply with the requirements in response to the letter mentioned in § 8th.
§ 11th Failure to comply with the periods mentioned in §§ 5th, 6th and 9th implies automatic denial of the authorization request.
§ 12th The absence of manifestation by the SSE within the periods mentioned in the main text, §§ 7th and 10th implies automatic approval of the authorization request.” (NR)
“Art. 7th The SSE must cancel the authorization of the credit rating agency, in the following cases:
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§ 1st The SSE will previously communicate to the credit rating agency the decision to cancel its authorization, in accordance with items II and III of the main text, granting it a period of 10 (ten) business days, counted from the date of receipt of the communication, to present its reasons for defense or regularize its registration. ...........................................................................” (NR)
“Art. 9th The request for cancellation of the credit rating agency authorization must be requested to the SSE.
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§ 2nd The SSE has 20 (twenty) business days, counted from the filing, to approve or deny the cancellation request.
§ 3rd The period referred to in § 2nd may be interrupted only once, if the SSE requests additional information or documents from the applicant, with a new period starting to run from the compliance with the requirements.
§ 4th The applicant has 20 (twenty) business days to comply with the requirements formulated by the SSE.
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§ 6th The absence of manifestation by the SSE within the period mentioned in § 2nd implies automatic approval of the cancellation of the applicant’s authorization.” (NR)
“Art. 11th The SSE may determine that the information provided for in this Resolution be presented electronically or through the CVM page on the worldwide computer network, according to the database structure and programs provided by the CVM.” (NR)
Art. 2nd This Resolution enters into force on August 1, 2023.
Signed electronically by
JOÃO PEDRO BARROSO DO NASCIMENTO
President
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This document amends: CVM Resolution No. 9 of October 27, 2020, with amendments introduced by CVM Resolution No. 185/23
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