CVM Resolution No. 226 of March 6, 2025

CVM RESOLUTION NO. 226, OF MARCH 6, 2025

Amends CVM Resolutions No. 17, of February 9, 2021, CVM No. 60, of December 23, 2021, CVM No. 80, of March 29, 2022, CVM No. 88, of April 27, 2022, and CVM No. 160, of July 13, 2022.

THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION OF BRAZIL – CVM makes public that the Collegiate Board, in a meeting held on February 24, 2025, based on the provisions of Articles 8, I, 19, and 21 of Law No. 6,385, of December 7, 1976, APPROVED the following Resolution:

Art. 1. CVM Resolution No. 17, of February 9, 2021, published in the Official Gazette of the Union ("DOU") on March 30, 2022, shall enter into force with the following wording:

“Art. 9. The substitution of the trustee must be communicated to the CVM within a period of up to seven business days, counted from the signing of the amendment to the issuance deed, the credit rights securitization term, or the equivalent instrument, or, when required by law, from the registration of these instruments with the competent authorities. ............................................................ ” (NR)

“Art. 11. ............................................
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VI – diligently pursue with the issuer so that the issuance deed, the credit rights securitization term, or the equivalent instrument, and their amendments, are registered with the competent authorities, in cases where such registration is required by law, adopting, in the case of the issuer's omission, the measures eventually provided for in law; ............................................................ ” (NR)

Art. 2. CVM Resolution No. 60, of December 23, 2021, published in the DOU on December 24, 2021, and corrected in the DOU on January 6, 2023, shall enter into force with the following wording:

“Art. 52. ................................................
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III-A – minutes of a board of directors or board of administration meeting that deliberates on the issuance of debentures, within seven business days counted from its holding.
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§ 3-A It is considered that the provision of Article 62, § 5, of Law No. 6,404, of 1976, is met with the sending by the securitizing company to the CVM of the documents related to the issuance of debentures provided for in items III and III-A of the caput. ............................................................ ” (NR)

Art. 3. CVM Resolution No. 80, of March 29, 2022, published in the DOU on March 30, 2022, shall enter into force with the following wording:

“Art. 22. ..............................................
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V-A – report of financial information related to sustainability, in accordance with the terms and deadlines established in specific regulation; ............................................................ ” (NR)

“Art. 33. ..............................................
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V-A – acts that formalize deliberations taken by the board of directors on the issuance of debentures, within seven business days counted from its holding;
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§ 8. It is considered that the provision of Article 62, § 5, of Law No. 6,404, of 1976, is met with the sending by the issuer to the CVM of the documents related to the issuance of debentures provided for in items IV, V, V-A, or XVII of the caput, as the case may be.” (NR)

“Art. 34. ..............................................
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V-A – acts that formalize deliberations taken by the board of directors on the issuance of debentures, within seven business days counted from its holding;
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§ 4. It is considered that the provision of Article 62, § 5, of Law No. 6,404, of 1976, is met with the sending by the issuer to the CVM of the documents related to the issuance of debentures provided for in items IV, V, V-A, or VIII of the caput, as the case may be.” (NR)

Art. 4. CVM Resolution No. 88, of April 27, 2022, published in the DOU on April 28, 2022, and corrected in the DOU on May 4, 2022, shall enter into force with the following wording:

Art. 8. ................................................
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§ 2-A It is considered that the provision of Article 62, § 5, of Law No. 6,404, of December 15, 1976, is met with the presentation, by the platform, of a copy of the debenture issuance deed and of a document from the small business company that evidences the approval of the issuance of the securities subject to the public offering, in accordance with § 2. ............................................................ ” (NR)

Art. 5. CVM Resolution No. 160, of July 13, 2022, published in the DOU on July 14, 2022, and corrected in the DOU on December 5, 2022, shall enter into force with the following wording:

“Art. 29. ..............................................
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IV – copy of the issuance document and its amendments, such as debenture issuance deeds, securitization terms, and promissory notes, when applicable, accompanied by the protocol of the registration request with the competent authorities, in cases where such registration is required by law;
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§ 1. ....................................................
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VI – copy of the document that formalizes the issuance, duly registered in the manner provided for in law, when applicable, and copies of its amendments duly filed with the competent authorities, in cases where the registration of such amendments is required by law.” (NR)

“Art. 89. ..............................................
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VI – disclose the occurrence of a relevant fact as defined in the CVM's specific regulation; VII – disclose on its website page the annual report and other communications sent by the long-term promissory note agent and the trustee on the same date of their receipt, observing also the provision of item IV of the caput of this article; VIII – disclose the corporate acts of issuance of debentures that are to be publicly offered; and IX – disclose the issuance deed of debentures that are to be publicly offered and their eventual amendments.
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§ 3. The issuer must disclose the information referred to in items III, IV, VI, VIII, and IX of the caput of this article:
I – on its website page, keeping them available for a period of three years; II – in a system made available by the entity administering organized markets in which the securities are admitted to trading; and III – in an electronic system available on the CVM's website page.
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§ 5. In the cases of items VIII and IX, the documents must be made available within seven days counted from:
I – the granting to the issuer of access to the electronic system referred to in § 3, item III; or II – the date of the holding of the meeting or the signing of the deed or amendment, as the case may be, when, on the respective date, the issuer already has access to the said system. § 6. It is considered that the provision of Article 62, § 5, of Law No. 6,404, of 1976, is met when the issuer of the debentures sends to the CVM, through the system mentioned in § 3, item III, the documents referred to in items VIII and IX of this article.” (NR)

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Art. 6. Annex B of CVM Resolution No. 160, of July 13, 2022, published in the DOU on July 14, 2022, and corrected in the DOU on December 5, 2022, shall enter into force with the following wording:

“Prospectus Information
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2.6.......................................................
t) indication regarding the provision for unbundling, its nominal value, interest, and other rights conferred to the holders; u) trustee; and v) other rights, advantages, and restrictions.” (NR)

Art. 7. Annex G of CVM Resolution No. 160, of July 13, 2022, published in the DOU on July 14, 2022, and corrected in the DOU on December 5, 2022, shall enter into force with the following wording:

b.1.10) Provision for unbundling, its nominal value, interest, and other rights conferred to investors?
Yes/No Section #.#
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b.2.10) Provision for unbundling, its nominal value, interest, and other rights conferred to investors?
Yes/No Section #.#
.............................................................” (NR)

Art. 8. This Resolution enters into force on March 10, 2025.

Signed electronically by
JOÃO PEDRO BARROSO DO NASCIMENTO
President