2024-03-12
Added · Updated
CVM Resolution No. 200 amends Resolution No. 175 by updating the general provisions regarding asset negotiation and orders in organized markets, and by modifying Annex Normative III to restrict real liens on real estate to those guaranteeing obligations assumed by the share class, while allowing exclusive classes to permit managers to provide guarantees for unit holders' obligations. It also updates the content requirements for the Monthly Report of Real Estate Investment Funds (FII) to include specific liability and guarantee values. Existing funds must adapt to these provisions by June 30, 2025, with Credit Rights Investment Funds (FIDC) required to comply by November 29, 2024, and various articles entering into force between October 1, 2024, and November 1, 2024.
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SECURITIES AND EXCHANGE COMMISSION OF BRAZIL (CVM) 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. 200, OF MARCH 12, 2024
Amends CVM Resolution No. 175, of December 23, 2022.
THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION – CVM makes public that the Board, in a meeting held on March 6, 2024, based on the provisions of Articles 2, item V, 8, item I, 19 and 23, § 2, of Law No. 6,385, of December 7, 1976, Law No. 8,167, of January 16, 1991, Law No. 8,313, of December 23, 1991, Law No. 8,668, of June 25, 1993, Law No. 9,491, of September 9, 1997, Law No. 9,635, of May 15, 1998, Provisional Measure No. 2,228-1, of September 6, 2001, Articles 1,368-C to 1,368-F of Law No. 10,406, of January 10, 2002, Law No. 10,735, of September 11, 2003, Law No. 10,973, of December 2, 2004, Law No. 11,196, of November 21, 2005, Law No. 11,478, of May 29, 2007, Law No. 12,431, of June 24, 2011, Law No. 14,754, of December 12, 2023, CMN Resolution No. 1,787, of February 1, 1991, CMN Resolution No. 2,424, of October 1, 1997, and CMN Resolution No. 2,907, of November 29, 2001, APPROVED the following Resolution:
Art. 1 The general part of CVM Resolution No. 175, of December 23, 2022, shall enter into force with the following wording:
“CHAPTER VIII – ..........................................................................
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Section II – ..........................................................................
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Subsection III – Asset Negotiation
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Subsection III-A – Orders in Organized Markets Art. 88. ...............................................................”(NR)
“Art. 134. Investment funds that are operating on the date of the start of the validity of the regulation must fully adapt to the provisions of this Resolution by June 30, 2025, with the exception of Credit Rights Investment Funds – FIDC, which must adapt by November 29, 2024.
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”(NR)
SECURITIES AND EXCHANGE COMMISSION OF BRAZIL (CVM) 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. 200, OF MARCH 12, 2024
“Art. 140. ..........................................................................
§ 1 Article 48, § 2, item XI, of this Resolution, regarding the establishment of the maximum distribution rate in the regulation, as well as the other commands related to said rate, enter into force on November 1, 2024. § 2 Article 5 of this Resolution, regarding the possibility for funds to have different classes and subclasses of shares, enters into force on October 1, 2024.
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§ 4 Article 99 of this Resolution, regarding the existence of a remuneration agreement based on the administration, performance, or management fee, enters into force on October 1, 2024.”(NR)
Art. 2 Annex Normative III of CVM Resolution No. 175, of December 23, 2022, shall enter into force with the following wording:
“Art. 32. ..................................................................
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V – constitute real liens on the real estate properties comprising the assets of the share class, except to guarantee obligations assumed by the class;
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§ 3 In the exclusive class, the Regulation may allow the manager to provide bail, guarantee, accept, or co-obligate in any form, as well as to constitute real liens on the real estate properties comprising the assets of the class, to guarantee obligations assumed by the unit holders.” (NR)
Art. 3 Supplement I of CVM Resolution No. 175, of December 23, 2022, shall enter into force with the following wording:
“SUPPLEMENT I – MONTHLY REPORT – FII
Content of the Monthly Report, as provided for in Article 36, I, of Annex Normative III Fund Name Fund CNPJ Date of Operation
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Liability Information Value (R$)
SECURITIES AND EXCHANGE COMMISSION OF BRAZIL (CVM) 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. 200, OF MARCH 12, 2024
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22 Provisions for guarantees provided (bail, guarantee, acceptance, or other co-obligation) Additional Information 23 Total value of real estate subject to real liens 24 Total value of guarantees provided in class operations 25 Total value of guarantees provided in unit holder operations (art. 32, § 3, Annex Normative III)
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”(NR)
Art. 4 On the date of entry into force of this Resolution, Article 32, item II, of Annex Normative III to CVM Resolution No. 175, of December 23, 2022, is repealed.
Art. 5 This Resolution enters into force on the date of its publication.
Signed electronically by
JOÃO PEDRO BARROSO DO NASCIMENTO
President
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This document amends: CVM Resolution 175
Source: Comissão de Valores Mobiliários — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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