Rule · CVM · 19 May 2021
Registrars must maintain secure systems, demonstrate financial capacity, and submit authorization applications to SMI with Annex A documents, allowing up to 60 days for compliance. Registrars must notify CVM by the 5th business day of the following month regarding contract signing or termination, and replace a registrar within 15 business days of service discontinuity. Registrars must reconcile positions daily with central depositories, maintain individualized accounts with specific data, and execute transfers within seven business days of receiving complete documentation.
SECURITIES AND EXCHANGE COMMISSION OF BRAZIL
Rua Sete de Setembro, 111/2-5º and 23-34º Floors, Center, Rio de Janeiro/RJ – ZIP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 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. 33, OF MAY 19, 2021
Provides for the provision of securities registry services and the issuance of securities certificates and revokes CVM Instruction No. 543, of December 20, 2013.
THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION OF BRAZIL - CVM makes public that the Board, in a meeting held on May 18, 2021, in view of the provisions of arts. 1, item VI and 8, item I of Law No. 6.385, of December 7, 1976, arts. 27; 34, § 2º; 101; and 293 of Law No. 6.404, of December 15, 1976, and art. 24, § 2º, of Law No. 12.810, of May 15, 2013, as well as arts. 5 and 14 of Decree No. 10.139, of November 28, 2019, APPROVED the following Resolution:
CHAPTER I – SCOPE AND PURPOSE
Art. 1 This Resolution provides for the provision of securities registry services and the issuance of securities certificates.
Sole Paragraph. This Resolution:
I – does not apply to positions held in derivatives markets; and II – applies:
a) in the case of public distribution, to instruments subject to the competence of the CVM in this situation; and b) in the cases of central deposit, to securities issued exclusively in book-entry form, through registration in systems authorized for such purpose.
CHAPTER II – SECURITIES REGISTRY SERVICE
Art. 2 The securities registry service must be provided by legal entities authorized by the CVM under the terms of this Resolution.
Sole Paragraph. The provision of securities registry services comprises:
I – the opening and maintenance, in computerized systems, of registration books, as provided for in the current regulation; II – the registration of information regarding the ownership of securities, as well as real rights of enjoyment or guarantee and other encumbrances affecting the securities; III – the processing of movement instructions received from the holder of the security or from persons legitimated by contract or mandate; IV – the carrying out of procedures and records necessary for the implementation and, where applicable, the application of the central deposit regime to the securities; and V – the processing of events affecting the securities.
Art. 3 The provision of registry services may be carried out with or without the issuance of securities certificates, with such issuance only being performed by institutions specifically authorized by the CVM in the form of art. 22.
Sole Paragraph. The provision of securities certificate issuance services comprises:
I – the issuance, alteration, replacement, and cancellation of certificates representing the securities received in deposit; and II – the control and confirmation of the origin and legitimacy of securities certificates.
CHAPTER III – AUTHORIZATION FOR THE PROVISION OF SECURITIES REGISTRY SERVICES
Section I – Requirements for Registration
Art. 4 Financial institutions may request authorization for the provision of securities registry services.
Art. 5 The interested party seeking the authorization referred to in art. 4 must possess secure and adequate computerized processes and systems for the exercise of the activities it intends to perform, in a manner that allows the execution of the duties and obligations pertaining to them.
§ 1 The processes and systems must be compatible with the size, characteristics, and volume of the operations under the responsibility of the applicant, as well as with the nature and type of securities.
§ 2 The applicant must demonstrate economic and financial capacity compatible with the operations to be performed and possess conditions to comply with the following requirements and duties:
I – have sufficient and technically capable human resources to carry out the processes and operate the systems involved in the provision of its services; II – maintain an updated list of professionals with access to its systems, monitoring and recording accesses performed; III – ensure, on a permanent basis, the quality of its computerized processes and systems, measuring and maintaining records of errors, incidents, and interruptions in its operations; IV – keep updated operational manuals, the general description of the systems to be adopted in the provision of services, the flowchart of routines, program documentation, quality controls, and physical and logical security regulations; V – have a business continuity plan capable of ensuring the continuity of the provision of its services; and VI – establish and maintain adequate channels for the satisfactory handling of holders of book-entry securities regarding any information inherent to the responsibilities concerning the provision of its services.
Section II – Application for Authorization
Art. 6 The application for authorization for the provision of securities registry services must be sent to the Superintendence of Market and Intermediary Relations – SMI, by presenting a petition accompanied by the documents described in Annex A of this Resolution.
Sole Paragraph. The SMI may request the applicant for complementary elements and information.
Art. 7 The application for authorization for the provision of securities registry services may contemplate the registry of only a specific type of security.
Sole Paragraph. In the case of the caput, the SMI must grant the specific authorization, in accordance with the application presented.
Art. 8 Authorization is automatically granted if the application is not denied by the SMI within 90 (ninety) days from its presentation, via protocol.
§ 1 The period referred to in the caput may be interrupted only once, in the event that the SMI requests the applicant for additional documents and information related to the authorization application, with a new period of 90 (ninety) days starting from the fulfillment of the requirements.
§ 2 For compliance with the requirements referred to in § 1, a period not exceeding 60 (sixty) days must be granted.
Section III – Denial of Authorization Application
Art. 9 The application for authorization for the provision of securities registry services must be denied if:
I – it is not accompanied by the documents necessary for its review, or if the documents and complementary information requested by the SMI are not provided within the period fixed in § 2 of art. 8; II – false or inaccurate information is identified, the latter when, due to its extent or content, they prove relevant for the review of the authorization application; III – the applicant does not demonstrate the financial capacity and technical and operational conditions necessary for the exercise of the activity; or IV – the applicant fails to meet any other requirement or condition established in this Resolution.
Section IV – Cancellation of Authorization
Art. 10 The granted authorization may be cancelled:
I – at the request of the registrar;
II – by decision of the SMI, after an administrative process in which the right to defense and broad defense are ensured, in the following cases:
a) when it is found that the authorization for the provision of services was obtained through false declarations or other illicit means; or b) when it is evident that the registrar does not meet the requirements and conditions established in this Resolution; and III – when bankruptcy, judicial or extrajudicial liquidation, or dissolution of the service provider is decreed.
§ 1 In the case provided for in item I of the caput, the registrar must communicate the fact in writing to the SMI and to central depositories, indicating the period in which the transfer to the contracting party, or to the person indicated by it, of the data and documents related to the services provided must occur.
§ 2 In the cases provided for in items II and III of the caput, the registrar must immediately transfer to the contracting party or to the person indicated by it, the data and documents related to the services provided up to the moment of cancellation, communicating the fact to the central depositories or to the SMI, where applicable.
CHAPTER IV – PROVISION OF SECURITIES REGISTRY SERVICES
Section I – Securities Registry Contract
Art. 11 The provision of securities registry services must be the object of a specific contract entered into between the issuer of the security and the registrar, which must provide, at minimum, for:
I – the requirement that only the registrar may perform the registry acts of the securities subject to the contract; II – the rules applicable to the handling of holders of securities; III – the description of operational procedures that provide for the obligations, duties, and responsibilities of the registrar and the contracting party; and IV – the confidentiality of information.
Art. 12 Without prejudice to other obligations applicable to issuers, the registrar must communicate to the CVM, by the 5th (fifth) business day of the following month, the signing and termination of a securities registry contract, and to central depositories, in accordance with their respective regulations, the start and end of the execution of a securities registry contract accepted for central deposit by the central depository.
§ 1 In the event of discontinuity in the provision of securities registry services, the issuer must replace the registrar within 15 (fifteen) business days.
§ 2 The registrar must immediately transfer to the contracting party or to the person indicated by it, the data and documents related to the services provided up to the moment of discontinuity of the service provision.
§ 3 In the event of non-replacement of the registrar within the period indicated in § 1, the issuer must automatically assume the reconciliation obligations with the central depository, in accordance with specific regulation.
§ 4 After 90 (ninety) days have elapsed from the assumption of reconciliation obligations by the issuer in accordance with § 3, or if the issuer fails to comply with said obligations, the central depository may extinguish the central deposit, in accordance with the provisions of its regulation.
§ 5 In the event of extinction of the central deposit referred to in § 4, with respect to the assets referred to in art. 1, sole paragraph, II, the extinction must occur through the migration of controls related to said assets to the registration systems in which the issuance was originally registered.
Section II – Securities Accounts
Subsection I – General Rules
Art. 13 During the period of validity of the securities registry contract, the insertion of information regarding the ownership of securities must be carried out in individualized securities accounts, opened in the name of each security holder.
§ 1 The registrar must take all appropriate measures to verify:
I – the adoption of the formalities proper to the registry of securities; and II – the consistency of events affecting the securities or deliberated with the provisions of the issuer's bylaws and the shareholder resolutions relating to them.
§ 2 The registry of securities accounts must be made in adequate and secure computerized systems that allow the registration, processing, and control of information regarding the ownership of book-entry securities.
Art. 14 The registry must be made:
I – on the date of the fact or corporate event to be registered; or II – in the case of the orders and instructions referred to in items I, II, and IV of art. 16, on the date of receipt of the valid order or instruction, observing the security procedures possibly necessary.
Subsection II – Content of Securities Accounts
Art. 15 The following information must appear in the securities accounts maintained by the registrar:
I – the identification, qualification, legal nature, domicile, and tax regime of the holder of the security, or, where applicable, the identification of the central depository that maintains the security in central deposit; II – the nature, type, and class of the book-entry securities; III – the record of movements, as well as events affecting the securities; IV – the quantity of securities owned by investors or central depositories; V – the record of payments and receipts of financial resources arising from events affecting the securities; VI – the constitution or extinction of encumbrances and burdens on the book-entry security; VII – the obligations arising from agreements between the holder of the security and a third party; and VIII – other references that, at the discretion of the registrar or by virtue of contract, are required by the nature or characteristics of the book-entry securities.
§ 1 The information referred to in items III to VIII of the caput must be accompanied by the date of the occurrence of the corresponding event.
§ 2 In the case of securities deposited in central depositories, the registrar must maintain controls to identify the respective investors based on the information provided by the central depositories.
Subsection III – Registration in Securities Accounts
Art. 16 The records in the securities account are effected by the entry made by the registrar, as a result of:
I – order of the holder of the security or of persons legitimated by contract or mandate; II – judicial order; III – act or corporate event with equivalent effects promoted by the issuer or legal representative; or IV – instruction of a central depository.
§ 1 All events mentioned in this article must be supported by suitable documents, indicating specific powers sufficient and adequate for the appropriate registration, which must be in the possession of the registrar.
§ 2 Encumbrances, burdens, or blocks on the securities, duly specified, must be registered with indication of their direct causes and their term of validity.
Art. 17 The registrar may refuse, for justified reasons, to carry out the registration referred to in the caput of art. 16 and the payment of values corresponding to events in the following cases:
I – impossibility of identifying the holder of the security or insufficiency of elements that enable its realization; II – existence of encumbrances or burdens on the security; III – insufficiency or indication of irregularity of the documentation presented; and IV – indications of irregularity in the intended transfer.
Subsection IV – Reconciliation
Art. 18 The registrar must adopt procedures to ensure the daily reconciliation of positions registered in the securities accounts and events affecting these positions, where applicable, with the records maintained and reported by central depositories.
Subsection V – Effects of Registration in the Book-Entry System
Art. 19 The registration made in the securities account confers ownership of the securities and, without prejudice to the observance of other legal or regulatory requirements, must reflect the existence of real rights of enjoyment or guarantee and other encumbrances or burdens.
Subsection VI – Proof of Registration in the Book-Entry System
Art. 20 The following are considered proof of registration in the book-entry system:
I – the statement issued by the registrar, which must indicate the date of its issuance; II – the certificate of entries issued by the registrar, in cases where the law determines, which must indicate the date of its issuance and the period to which it refers; and III – the investor list made available by the registrar to the contracting party, which must indicate the date of its issuance, reflecting the total position of securities on that date and including the analytical opening of investor positions maintained in a central depository.
CHAPTER V – CODE OF CONDUCT
Art. 21 The registrar must:
I – exercise its activities with good faith, diligence, and loyalty regarding the interests of issuers and holders of securities, being prohibited from privileging its own interests or those of persons linked to it; II – maintain individualized securities accounts in the name of the security holders; III – ensure that records relating to transfers and constitution of rights, of enjoyment or guarantee, as well as other encumbrances on the book-entry securities are made in the shortest possible time and are supported by legally valid documents; IV – carry out, in the shortest possible time and without prejudice to the necessary security, transfers, registrations, and endorsements in the securities accounts in the central deposit, with the understanding that, when it concerns a transfer to an account of the same ownership, this must be carried out within a maximum period of 7 (seven) business days counted from the receipt of the complete client documentation; V – take all appropriate measures for the payment of dividends deliberated and paid by the issuer, when the holder of the security does not have updated registration information; VI – be responsible for the legitimacy and veracity of the records of movements carried out and of the ownership of securities; VII – register in the securities accounts the modifications of the securities, after receipt of an instruction from the contracting party communicating the events affecting them; VIII – perform the acts of its responsibility involved in the transfer to investors and central depositories of the values due by virtue of events affecting the securities; IX – transfer to the contracting party the values previously received from investors, relating to the exercise of subscription rights and conversions, among others;
COMISSÃO DE VALORES MOBILIÁRIOS
Rua Sete de Setembro, 111/2-5º e 23-34º Andares, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brasil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º e 4º Andares, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brasil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4º Andar, Brasília/DF – CEP: 70712-900 – Brasil -Tel.: (61) 3327-2030/2031 www.cvm.gov.br RESOLUÇÃO CVM Nº 33, DE 19 DE MAIO DE 2021
X – register the enjoyment or guarantee rights, as well as other encumbrances on the securities, when requested by their respective holders, directly or through their representatives, in accordance with the relevant regulation, or by judicial order, when applicable; XI – keep at the disposal of the CVM the records that make up the accounting of securities accounts, as well as the documents related to them; XII – adopt rules, procedures, and internal controls that ensure the subsequent monitoring of positions held in securities accounts; XIII – guarantee the security, efficiency, and operational reliability of the securities account accounting systems; XIV – prevent, control, and correct irregularities in the records of securities; XV – adopt the necessary procedures to comply with custodians' requests for the deposit of book-entry securities with a central depository, observing the procedures previously and expressly established by the registrar and the central depository; XVI – create mechanisms to ensure the complete segregation of activities and confidentiality regarding the positions held; and XVII – publish, on its website, the documents necessary to carry out the transfer referred to in item IV. Sole Paragraph. The registrar must inform the client, in the shortest possible time, of the non-conformity of the documentation delivered or, exceptionally, of the eventual need for additional documentation for the purpose of carrying out the transfer referred to in item IV.
CHAPTER VI – CERTIFICATE-ISSUING AGENT
Art. 22. The activity of certificate-issuing agent is exclusive to institutions authorized to act as registrars.
Art. 23. The registrar that provides the services of issuing securities certificates must request specific approval from the CVM, prior to each issuance, in accordance with the current regulation. Art. 24. The obligations of the registrar, when acting as a certificate-issuing agent, are:
COMISSÃO DE VALORES MOBILIÁRIOS
Rua Sete de Setembro, 111/2-5º e 23-34º Andares, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brasil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º e 4º Andares, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brasil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4º Andar, Brasília/DF – CEP: 70712-900 – Brasil -Tel.: (61) 3327-2030/2031 www.cvm.gov.br RESOLUÇÃO CVM Nº 33, DE 19 DE MAIO DE 2021
I – cancel and alter the certificates representing the securities received in deposit, observing the relevant legal provisions; II – control the securities that back the issued certificates, obliging itself to return them to the holders of the securities whenever requested; and III – ensure that acts of certificate replacement are carried out in the shortest possible time, not exceeding 30 (thirty) days from the date of receipt of the relevant documents.
CHAPTER VII – INFORMATION DISCLOSURE
Art. 25. The registrar must make available to the contracting party, at the periodicity established in the contract:
I – a list of investors reflecting the total position of securities, including the analytical breakdown of investors' positions held under the fiduciary ownership of the central depository, when applicable; II – a report containing the ownership transfers that occurred in the securities accounts; III – a list of those who have exercised rights related to events affecting the securities; IV – a list of real enjoyment or guarantee rights, as well as other encumbrances affecting the securities; and V – a report of the calculations and payments of benefits made.
Art. 26. The registrar must make available to investors, in cases where the securities held by them are not subject to centralized deposit:
I – statements of securities accounts:
a) until the 10th (tenth) day of the month following the end of the month in which movement occurred; and b) when requested, within 2 (two) business days of the request, provided they refer to the current year; II – information on the balance existing at the end of the previous year, until the end of February of the following year;
COMISSÃO DE VALORES MOBILIÁRIOS
Rua Sete de Setembro, 111/2-5º e 23-34º Andares, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brasil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º e 4º Andares, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brasil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4º Andar, Brasília/DF – CEP: 70712-900 – Brasil -Tel.: (61) 3327-2030/2031 www.cvm.gov.br RESOLUÇÃO CVM Nº 33, DE 19 DE MAIO DE 2021
III – information related to events affecting the securities, whenever requested; and IV – information regarding the measures necessary for the payment of benefits deliberated and paid by the issuer, when the investor does not have updated registration information.
§ 1º The statement provided for in item I of the main text must be sent to the investor's address, either by mail or through electronic means, which may expressly waive receipt. § 2º Costs for processing and sending statements and certificates referred to in this article, as well as for retrieving copies of the documents that served as the basis for the corresponding records, may be charged to the requester. § 3º The duty of information referred to in the main text may include, if requested, copies of the documents that served as the basis for the records.
CHAPTER VIII – RULES, PROCEDURES, AND INTERNAL CONTROLS
Section I – General Rules
Art. 27. The registrar, even when exercising the activity of certificate-issuing agent, must adopt and implement:
I – adequate and effective rules for compliance with the provisions of this Resolution; and II – procedures and internal controls with the objective of verifying the implementation, application, and effectiveness of the rules mentioned in item I.
§ 1º The rules, procedures, and internal controls referred to in this article must:
I – be written;
II – be verifiable; and
III – be available for consultation by the CVM and the central depositories with which the registrar has a relationship.
§ 2º Non-compliance with the provisions of items I and II of the main text is considered not only the non-existence or insufficiency of the rules, procedures, and controls referred to therein, but also their non-implementation or inadequate implementation for the purposes provided for in this Resolution.
COMISSÃO DE VALORES MOBILIÁRIOS
Rua Sete de Setembro, 111/2-5º e 23-34º Andares, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brasil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º e 4º Andares, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brasil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4º Andar, Brasília/DF – CEP: 70712-900 – Brasil -Tel.: (61) 3327-2030/2031 www.cvm.gov.br RESOLUÇÃO CVM Nº 33, DE 19 DE MAIO DE 2021
§ 3º Evidence of inadequate implementation of the rules, procedures, and internal controls includes:
I – the repeated occurrence of failures; and
II – the absence of recording of the application of the methodology, in a consistent and verifiable manner.
Section II – Responsible Director
Art. 28. The registrar must indicate:
I – a statutory director responsible for compliance with the standards established by this Resolution; and II – a statutory director responsible for supervising the rules, procedures, and internal controls.
§ 1º The appointment or replacement of the statutory directors referred to in items I and II must be reported to the CVM within 7 (seven) business days.
§ 2º The functions referred to in items I and II cannot be held cumulatively by the same statutory director and cannot be performed jointly with functions that may, in any way, be considered conflicting with them.
§ 3º The directors referred to in items I and II must act with probity, good faith, and professional ethics, employing, in the exercise of their functions, the care and diligence expected of a professional in their position.
Art. 29. The director referred to in item II of Art. 28 must, by the last business day of April, send to the administrative bodies of the securities registrar or certificate-issuing agent a report relating to the previous year, containing:
I – the conclusions of the internal audit reports, referred to in § 1º of Art. 30; II – its recommendations regarding any deficiencies, with the establishment of remediation schedules, when applicable; and III – its statement regarding the deficiencies found in previous verifications and the measures planned, according to a specific schedule, or effectively adopted to remedy them.
Sole Paragraph. The report referred to in the main text must be available at the registrar's headquarters for the CVM and for the central depositories with which the registrar has a relationship, if applicable.
COMISSÃO DE VALORES MOBILIÁRIOS
Rua Sete de Setembro, 111/2-5º e 23-34º Andares, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brasil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º e 4º Andares, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brasil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4º Andar, Brasília/DF – CEP: 70712-900 – Brasil -Tel.: (61) 3327-2030/2031 www.cvm.gov.br RESOLUÇÃO CVM Nº 33, DE 19 DE MAIO DE 2021
Section III – Audit
Art. 30. The registrar must maintain an internal audit structure.
§ 1º The reports produced by internal audit must be kept updated and available to the CVM.
§ 2º The CVM may determine the carrying out of specific extraordinary audits, if there is indication that the processes and systems used are not meeting, or may not come to meet, their purposes.
CHAPTER IX – OFFENSES AND PENALTIES
Art. 31. It is considered a serious offense, for the purposes of the provisions of § 3º of Art. 11 of Law No. 6.385, of December 7, 1976, the exercise of the activities regulated by this Resolution by an unauthorized person or authorized based on false declarations or documents, as well as the violation of the norms contained in Arts. 2, 3, 11 to 16, 18, 21 to 28, and 32 of this Resolution.
CHAPTER X – FINAL PROVISIONS
Art. 32. The registrar must keep, for a minimum period of 5 (five) years, or for a longer period as expressly determined by the CVM, all documents and information required by this Resolution.
§ 1º Digitized images are admitted in substitution for original documents, provided that the process is carried out in accordance with the law that provides for the preparation and archiving of public and private documents in electromagnetic media, and with the decree that establishes the technique and requirements for the digitization of these documents.
§ 2º The source document may be discarded after its digitization, except if it presents material damage that prejudices its legibility.
Art. 33. CVM Instruction No. 543, of December 20, 2013, is hereby revoked.
Art. 34. This Resolution enters into force on June 1, 2021.
Signed electronically by
MARCELO BARBOSA
President
COMISSÃO DE VALORES MOBILIÁRIOS
Rua Sete de Setembro, 111/2-5º e 23-34º Andares, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brasil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º e 4º Andares, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brasil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4º Andar, Brasília/DF – CEP: 70712-900 – Brasil -Tel.: (61) 3327-2030/2031 www.cvm.gov.br RESOLUÇÃO CVM Nº 33, DE 19 DE MAIO DE 2021
ANNEX A TO CVM RESOLUTION NO. 33, OF MAY 19, 2021
Authorization Request for the Securities Registration Service Art. 1º The authorization request for the provision of securities registration services must be accompanied by the following documents and information:
I – corporate name, National Registry of Legal Entities – CNPJ registration, complete address of the headquarters, telephone numbers, email address and website address of the institution, and subscription cards of the legal representatives; II – constituent acts and subsequent modifications, duly updated and complying with legal formalities; III – document intended to demonstrate that the applicant has adequate organizational, technical, operational, and financial capacity to carry out securities registration services, meeting, at a minimum, the following requirements:
a) description of the main characteristics of the computerized processes and systems used in the provision of services, with the specification of operational routines intrinsic and extrinsic to the systems, as well as the relevant procedures and internal controls; b) description of the structure of securities accounts; c) summary description of security standards regarding facilities, equipment, and data; d) description of human resources allocated to the activity, with specification of the functions and positions necessary for its performance; e) policy of segregation of functions; f) contingency plan, file recovery systems, and database; and g) copies of software licensing and development contracts, entered into between the applicant and the society owning the system or responsible for its development, in the event that the systems were not developed by the applicant; IV – functional organizational chart of the area dedicated to securities registration, specifying the functions and responsibilities of the people who comprise it and the regime of segregation of functions; V – name and qualification of the legal representatives of the applicant;
COMISSÃO DE VALORES MOBILIÁRIOS
Rua Sete de Setembro, 111/2-5º e 23-34º Andares, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brasil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º e 4º Andares, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brasil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4º Andar, Brasília/DF – CEP: 70712-900 – Brasil -Tel.: (61) 3327-2030/2031 www.cvm.gov.br RESOLUÇÃO CVM Nº 33, DE 19 DE MAIO DE 2021
VI – copy of the minutes of the board of directors or executive board meeting that appointed the directors responsible for compliance with the standards established in this Resolution and for the supervision of the procedures and internal controls of the securities registration services; and VII - model of the contract for the provision of securities registration services.
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This document supersedes: CVM Instruction No. 543 of December 20, 2013, as Amended by CVM Instructions No. 582/16, 599/18, and 604/18
Against CVM Instruction No. 543 of December 20, 2013, as Amended by CVM Instructions No. 582/16, 599/18, and 604/18 (2013-12-20)
1 new obligation · 1 deadline changed · 1 change of scope · 5 not carried over
143 obligations are the same in both texts.
“Not carried over” means the sentence has no counterpart in this text; the rule can still be in force in another text.
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