CVM Resolution No. 55 of October 20, 2021

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 – Corporate Financial Center Building, S.404/4th Floor, Brasília/DF – ZIP: 70712-900 – Brazil -Tel.: (61) 3327-2030/2031 www.cvm.gov.br

CVM RESOLUTION NO. 55, OF OCTOBER 20, 2021

Provides for the installment payment of debts and for the waiver of constitution and demand of tax credits of amounts whose collection does not justify the respective cost, and revokes CVM Deliberations No. 323, of November 23, 1999; CVM No. 447, of September 24, 2002; CVM No. 458, of April 29, 2003; CVM No. 467, of January 21, 2004; CVM No. 483, of June 24, 2005; CVM No. 536, of February 29, 2008; CVM No. 543, of July 29, 2008; CVM No. 548, of September 4, 2008; and CVM No. 776, of July 20, 2017.

THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION OF BRAZIL – CVM makes public that the Collegiate Board, in a meeting held on October 19, 2021, based on the provisions of art. 37 and 70 of the Constitution of the Federative Republic of Brazil, Law No. 9.469, of July 10, 1997, Law No. 10.522, of July 19, 2002, and Law No. 13.494, of October 24, 2017, as well as art. 6, III, of Annex I to CVM Resolution No. 24, of March 5, 2021, and arts. 5 to 9 of Decree 10.139, of November 28, 2019, APPROVED the following Resolution:

CHAPTER I – SCOPE AND PURPOSE

Art. 1. This Resolution provides for:
I – waiver of constitution and demand of tax credits of amounts whose collection does not justify the respective cost; II – installment payment of debts administered by the CVM; and III – special installment payment of debts within the scope of the Program for Regularization of Non-Tax Debts (PRD).

CHAPTER II – TAX CREDITS WHOSE COLLECTION DOES NOT JUSTIFY THE RESPECTIVE COST

Art. 2. This Chapter deals with the parameters for the waiver of constitution, demand, extrajudicial collection, registration in Active Debt, filing of collection actions, execution for payment of a certain amount, as well as fiscal execution of the CVM's credits treated in this norm, whose values do not justify the respective cost with the movement of the Public Administration.

Art. 3. For the purposes of this Chapter, the following are understood:
I – constituted credit: the value resulting from an administrative collection procedure, plus interest and late payment penalties, as well as other legal charges, in which due legal process is observed, respecting the dictates of Law No. 9.784, of January 29, 1999, intended to give it liquidity, certainty, and enforceability; II – credits of the same origin: credits that have the same foundation, activity, and legal basis; III – payment residue: the balance resulting from the difference between the amount due and the amount paid by the debtor; and IV – consolidated value: value resulting from the update of the respective original debt plus the legal or contractual charges and additions due, when owed, up to the date of calculation.

Art. 4. The CVM's credits and payment residues whose consolidated value is equal to or less than R$ 530.00 (five hundred and thirty reais), relative to the same debtor, are waived from constitution, demand, and administrative collection.

§ 1. The values of the same origin, referring to the same debtor, that fall under the caput of this article, must be recorded in the appropriate means and the respective collection process must be initiated when, after due consolidation, they exceed the amount mentioned above, respecting the respective statute of limitations periods.

§ 2. Values exceeding the amount specified in the caput must be regularly recorded or constituted, collected extrajudicially, and, in case of default, must be registered in the Informative Register of Unpaid Credits of the Federal Public Sector (CADIN), in accordance with Law No. 10.522, of July 19, 2002, and forwarded for registration in Active Debt.

§ 3. The limit established in the caput does not apply to the coercive fine provided for in art. 9, item II, combined with art. 11, § 11, both of Law No. 6.385, of December 7, 1976, as well as to the sanctioning fine, provided for in art. 11, item II, of Law No. 6.385, of 1976, which must be duly constituted, collected extrajudicially, and forwarded for registration in Active Debt, regardless of value.

Art. 5. The Administrative and Financial Superintendence (SAD) is authorized to provisionally write off its credits, already recorded or constituted, whose total consolidated value vis-à-vis the same debtor is equal to or less than R$ 530.00 (five hundred and thirty reais).

§ 1. The provisional write-off must be carried out in the Computerized Revenue Collection System for credits whose values are within the limit established in the caput.

§ 2. The administrative collection processes regarding the credits that are in the situation described in this article, including those that have already been forwarded for registration in Active Debt, must be provisionally archived in the Specialized Federal Prosecutor's Office attached to the Autarchy (PFE).

§ 3. Credits of the same origin, already recorded or constituted vis-à-vis the same debtor, whose total amount, duly consolidated, exceeds the value provided in the caput, must be gathered in a single administrative process, giving due continuation to the respective collection.

§ 4. The PFE must return the processes that have already been forwarded to it, not yet registered, that fall within the limit established in the caput, to be duly written off and provisionally archived by the respective competent origin sector.

§ 5. The provisions of this article do not apply to residues of rescinded installments, to credits included in installments, nor to credits arising from the coercive fine provided for in art. 9, item II, combined with art. 11, § 11, both of Law No. 6.385, of 1976, and from the sanctioning fine provided for in art. 11, item II, of Law No. 6.385, of 1976.

§ 6. For the processing of the provisional write-off provided for in the caput of this article, the provisions contained in art. 4, § 1, must be expressly observed.

CHAPTER III – INSTALLMENT PAYMENT OF DEBTS

Section I – Debts Eligible for Installment Payment

Art. 6. The debts administered by the CVM relating to:
I – the inspection fee referred to in Law No. 7.940, of December 20, 1989; II – the coercive fines provided for in § 2 of art. 11 of Law No. 6.385, of 1976; III – fines applied in administrative inquiries, in accordance with item II of art. 11 of Law No. 6.385, of 1976; and IV – other exactions.

Art. 7. The debts referred to in art. 6 may be installment-paid, at the exclusive discretion of the CVM, in up to 60 (sixty) monthly and successive installments.

§ 1. Only Inspection Fees with triggering events already materialized on the date of the request may be included in the installment plan.

§ 2. Fines and other exactions may be installment-paid before the respective due date.

§ 3. The CVM's credits already constituted and registered in active debt must have the installment payment requested at the unit of the General Federal Prosecutor's Office of the debtor's domicile.

Section II – Installment Payment Modalities

Art. 8. The installment payment referred to in this Chapter may be requested in the following modalities:
I – simplified installment;
II – ordinary installment; or
III – installment for companies in judicial reorganization.

Section III – Installment Payment Request

Subsection I - Simplified Installment

Art. 9. The debts referred to in art. 6 whose consolidated values, per taxpayer, are waived from registration in the CVM's Active Debt, or from the filing of the respective fiscal execution, may be subject to simplified installment.

§ 1. To request the simplified installment, the debtor must adopt the procedure detailed on the CVM's page on the worldwide web.

§ 2. The approval of the simplified installment is conditioned on the payment of the first installment by the last business day of the month.

§ 3. The consolidation of the simplified installment is made by taking as the final term for the calculation of legal additions the date of the protocol of the request with the CVM, or the date of confirmation of the negotiation via the computerized system that may be made available by the Autarchy.

§ 4. In addition to the provisions of this article, the other rules and procedures established in Sections I, II, and IV onwards apply to the simplified installment.

Subsection II – Ordinary Installment

Art. 10. Requests for installment payment of debts not falling under the hypothesis of art. 9 of this Resolution must be formalized, preferably, by filling out an electronic form, according to the procedure detailed on the CVM's page on the worldwide web.

§ 1. Distinct requests must be filled out and presented for each of the types of debts detailed in art. 6 of this Resolution.

§ 2. The formalization of the request by physical means is permitted, according to models available on the CVM's page on the worldwide web, upon protocol at the CVM headquarters in Rio de Janeiro, or at one of the legal representations of the Autarchy, located in São Paulo and in Brasília.

§ 3. The request, signed by the debtor or by their legal representative with special powers, in accordance with the law, and by at least two witnesses, must be accompanied by:
I – copy of the document of constitution of the legal entity or equivalent, with the respective changes, which allow identifying those responsible for its management; II – copy of identification document, with signature, of the natural person, or, in the case of an estate, of the inventory administrator, of the owner of an individual business, or, if a partnership, of the legal representatives indicated in the constitutive act; III – copy of identification document, with signature, of the attorneys legally qualified, if applicable; and IV – copy of the instrument of mandate of the attorneys legally qualified, in full force, if applicable.

§ 4. In addition to the provisions of this article, the other rules and procedures established in Sections I, II, and IV onwards apply to the Ordinary Installment.

Subsection III – Installment of Debts under the Responsibility of Companies in Judicial Reorganization

Art. 11. The debt under the responsibility of companies in the process of judicial reorganization, even if pending approval, requested in the manner established by Law No. 11.101, of February 9, 2005, may be installment-paid in up to 120 (one hundred and twenty) monthly and consecutive installments.

§ 1. The request for installment must be signed by the debtor or by their legal representative with special powers, in accordance with the law, or by the judicial administrator, if the processing of the judicial reorganization is approved.

§ 2. The request must be presented and accompanied by the documents detailed in art. 10, and:
I – if the processing of the judicial reorganization is approved:
a) with the identification document of the judicial administrator, if a natural person, or of the legal representative of the judicial administrator, if a legal entity, or still of the legally qualified attorney, if applicable; b) with the commitment term referred to in art. 33 of Law No. 11.101, of 2005, if the judicial administrator is a legal entity; and c) with a copy of the decision that approved the processing of the judicial reorganization. II – if the processing of the judicial reorganization has not yet been approved, a copy of the initial petition of judicial reorganization duly protocolled; and III – in the hypothesis provided for in § 7 of this article, with a copy of the petition of withdrawal of the challenge, of the appeal filed, or of the judicial action and a copy of the petition of the request for waiver, duly protocolled.

§ 3. Observing the minimum values fixed in this Chapter, the installments will be calculated by applying the following percentages on the value of the consolidated debt:
I – from the 1st (first) to the 12th (twelfth) installment: 0.5% (five tenths of a percent); II – from the 13th (thirteenth) to the 24th (twenty-fourth) installment: 0.6% (six tenths of a percent); and III – from the 25th (twenty-fifth) installment onwards, a percentage corresponding to the remaining balance, in up to 96 (ninety-six) monthly and successive installments.

§ 4. The installment must include the totality of the debts, constituted or not, even if disputed judicially in an action filed by the passive subject, observing the conditions and reservations contained in § 1-C of art. 10-A of Law No. 10.522, of 2002.

§ 5. The CVM's credits already constituted and registered in active debt must have the installment payment requested at the unit of the General Federal Prosecutor's Office of the debtor's domicile.

§ 6. The legal entity in the process of judicial reorganization may withdraw from the installments in progress, regardless of the modality, and request that the respective debts be installment-paid under the terms of this article.

§ 7. The approval of installment payment of debts that are under administrative or judicial discussion, submitted or not to the legal cause of suspension of enforceability, is conditioned on proof by the requester of the express and irrevocable withdrawal of the challenge or of the appeal filed, or of the judicial action and, cumulatively, of having waived any allegations of right on which the judicial action and the administrative appeal are based.

§ 8. The installment granted in the manner regulated by this article must be rescinded in the hypotheses provided for in § 4 of art. 10-A of Law No. 10.522, of 2002.

§ 9. The legal entity may have only 1 (one) installment referring to the judicial reorganization process for each of the situations provided for in art. 6.

§ 10. The granting of the installment does not imply the release of the debtor's or their responsible parties' assets and rights that have been constituted as guarantee for the respective credits.

§ 11. In addition to the provisions of this article, the other conditions established in this Chapter apply to the installment for companies in judicial reorganization, except for the provisions of § 7 of art. 10-A of Law No. 10.522, of 2002.

§ 12. Adherence to the installment referred to in this article is conditioned on the presentation of a term, in which the entrepreneur or the business society must sign a commitment to:
I – provide the CVM with banking information, including statements of funds or financial applications and about any commitment of receivables and other future assets; II – amortize the outstanding balance of the installment referred to in this article with a percentage of the product of each alienation of assets and rights included in the non-current assets carried out during the validity period of the judicial reorganization plan, without prejudice to the provisions of item III of § 4 of art. 10-A of Law No. 10.522, of 2002; III – maintain tax regularity; and IV – regularly fulfill obligations to the Time Guarantee Fund (FGTS).

§ 13. The commitment term referred to in § 12 must be formalized by filling out a model available on the CVM's page on the worldwide web.

§ 14. For the purposes of item II of § 12:
I – the amortization of the outstanding balance implies a proportional reduction in the quantity of pending installments; and II – observing the maximum limit of 30% (thirty percent) of the product of the alienation, the percentage to be destined for the amortization of the installment must correspond to the ratio between the total value of the fiscal liability and the total value of the debtor's debts, on the date of the judicial reorganization request.

§ 15. The consequences of the exclusion provided for in § 8 are those provided for in § 4-A of art. 10-A of Law No. 10.522, of 2002.

§ 16. Micro-enterprises and small-sized enterprises are entitled to terms 20% (twenty percent) longer than those regularly granted to other companies.

Section IV - Approval of the Installment Request

Art. 12. The approval of the installment request is conditioned on the presentation of the documents and information detailed in arts. 9 to 11, according to the modality, as well as on the payment of the first installment.

Art. 13. After 90 (ninety) days have elapsed from the date of protocol, without manifestation by the CVM, the installment request is automatically approved, provided that the payment of the first installment has been made and the requester has complied with the requirements established in this Chapter.

§ 1. The installment request without timely payment of the first installment is considered void.

§ 2. While the request is not approved, the debtor is obliged to pay, by the last business day of each subsequent month to the protocol, as an advance, a value corresponding to one installment, under penalty of denial of the requested.

Art. 14. The enforceability of the credit and the effects of the debtor's registration in the CADIN are suspended, in accordance with the caput and item II of art. 7 of Law No. 10.522, of 2002, relating to debts included in an approved installment request.

Art. 15. The request for installment payment of debts whose enforceability is suspended by one of the forms provided for in items III to V of art. 151 of Law No. 5.172, of October 25, 1966 – National Tax Code (CTN), must be preceded by the withdrawal of the challenges or administrative appeals and of the judicial actions that have as their object the debts to be installment-paid, and by the waiver of any allegations of right on which the aforementioned challenges and appeals or judicial actions are based.

Art. 16. The request for installment implies an irrevocable and unappealable extrajudicial confession of the debt, in accordance with arts. 389 and 395 of Law No. 13.105, of March 16, 2015 – Code of Civil Procedure.

§ 1. In the case of simplified installment, the payment of the first installment implies an unappealable confession of the debt and adherence to the terms and conditions established by law and by the other norms for the installment payment of debts to the CVM.

§ 2. The Union Payment Guide (GRU) relating to the first installment of the simplified installment must contain the following wording: "The payment of the first installment implies an unappealable confession of the debt to the Securities and Exchange Commission of Brazil".

Art. 17. Installment is not granted for the payment of debts relating to:
I – tax or any other exaction, while the previous installment relative to the same tax or exaction is not settled, except in the hypotheses of re-installment provided for in art. 23; II – taxes due by a legal entity with declared bankruptcy or a natural person with declared civil insolvency; and III – tax credits due by the incorporator opting for the Special Tax Regime of Property Affection in the manner provided for in art. 4 of Law No. 10.931, of August 2, 2004.

Art. 18. In case of non-approval of the installment, the interested party must be notified through a communication to be sent to the email address informed in the request.

Sole paragraph. The communication referred to in the caput must be registered in the administrative process initiated from the installment request.

Section V - Consolidation of Debts

Art. 19. The debt to be installment-paid must be consolidated on the date of the request, except in the case of simplified installment, to which the provisions of § 3 of art. 9 apply.

§ 1. Consolidated debt is understood as the sum of the debts to be installment-paid, including the charges and legal additions due up to the date of the installment request, or up to the date of confirmation of the negotiation – in the case of simplified installment – minus the amount of payments made as an advance.

COMMISSION OF SECURITIES AND EXCHANGE
Sete de Setembro Street, 111/2-5th and 23-34th Floors, Center, Rio de Janeiro/RJ – ZIP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Cincinato Braga Street, 340/2nd, 3rd and 4th Floors, Bela Vista, São Paulo/ SP – ZIP: 01333-010 – Brazil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Corporate Financial Center Building, S.404/4th Floor, Brasília/DF – ZIP: 70712-900 – Brazil -Tel.: (61) 3327-2030/2031 www.cvm.gov.br CVM RESOLUTION NO. 55, OF OCTOBER 20, 2021

§ 2º A late fee provided for in Article 61 of Law No. 9,430, of December 27, 1996, shall be applied to the amount of the consolidated debt at a maximum rate of 20% (twenty percent).

Section VI – Value of Installments and Payment Method

Art. 20. The value of each installment is obtained by dividing the amount of the consolidated debt by the number of installments stated in the request; however, the minimum values established and updated by Ordinance issued by the President of the CVM and indicated on the Agency's page on the worldwide computer network must be observed.

Art. 21. The value of each installment, at the time of payment, must be increased by interest equivalent to the reference rate of the Special Settlement and Custody System (SELIC), accumulated monthly, calculated from the month following the consolidation until the month prior to the payment, and by 1% (one percent) relative to the month in which the payment is made.

Sole Paragraph. From the second installment:
I – installments become due on the last business day of each month; and II – payment must be made through the generation of GRUs, or according to the procedure detailed on the CVM's page on the worldwide computer network.

Section VII – Rescission of Installment Plan

Art. 22. The installment plan granted in the manner regulated in this Chapter is rescinded in the event of non-payment of:
I – 3 (three) installments, consecutive or not; or II – up to 2 (two) installments, provided all others are paid or the last installment of the installment plan is due.

§ 1º Partial payment is not considered, for the purpose of settling the installment, as payment.

§ 2º In the event of rescission of the installment plan, the outstanding balance must be determined using the criterion of proportional imputation of paid values, and the result of the reconciliation must support the enforcement of the collection.

§ 3º The CVM must adopt the necessary procedures to forward the remaining debt for registration in the Active Debt of the Agency or for continuation of administrative collection, with re-installment permitted, observed Article 23.

Section VIII - Re-installment

Art. 23. Re-installment of debts arising from rescinded installment plans is admitted, at the discretion of the CVM.

§ 1º Observed the provisions of Article 20 regarding minimum installment values, the approval of the request for re-installment of debts is conditioned on the payment of the first installment in an amount corresponding to 10% (ten percent) of the consolidated debt.

§ 2º If the re-installment is rescinded, new concessions will only be accepted if the request is accompanied by proof of payment of the amount corresponding to 20% (twenty percent) of the consolidated debt.

§ 3º If the re-installment is rescinded, no new installment plan for debts shall be granted until the previous re-installment related to the same tax levy is paid in full.

§ 4º The other provisions regarding installment plans provided for in this Chapter shall apply subsidiarily to re-installment requests, insofar as they do not contradict them.

Section IX – Other Provisions Regarding Installment Plans

Art. 24. It is up to the Collection and Enforcement Management (GEARC) to decide on requests for installment plans of debts, if the request was filed before the forwarding of the collection process to the PFE, for registration in the Active Debt of the CVM.

Art. 25. The total value of the debts included in the installment plan may be reviewed at any time, ex officio or upon request by the taxpayer, even if the installment plan has already been granted, for purposes of adjustments or corrections that may be necessary.

Art. 26. Debts related to the levies of items I, II, and III of Article 6 may be consulted via the system available on the CVM's page on the worldwide computer network.

Art. 27. Any credits that the taxpayer has or may have with the CVM related to the supervision fee, subject to restitution, cannot be offset against the debts subject to the installment plan.

Art. 28. It is not subject to installment plan a debt related to the supervision fee, the coercive fine, the fine due to an administrative inquiry, or another levy, whose enforceability or whose value is the subject of a judicial action filed by the debtor, with deposit of the amount discussed, judged

unfounded or extinguished without judgment on the merits, or still, that it is related to a definitive precedent of the Federal Supreme Court or Superior Court of Justice, judged in favor of the CVM.

Art. 29. The request for installment plan does not exempt the taxpayer from presenting declarations or documents to which they are obliged by the specific legislation of the Securities Market or tax legislation.

Art. 30. If any provision contained in this Chapter comes into conflict with any changes in Law No. 10,522, of 2002, or with the new law that comes to replace it, the legal provisions in force must be applied, within the scope of this CVM, until the administrative rules are duly updated by the Collegiate.

CHAPTER IV – NON-TAX DEBT REGULARIZATION PROGRAM

Section I – Debts Subject to the PRD

Art. 31. This Chapter only regulates installment plans granted under the aegis of the Non-Tax Debt Regularization Program (PRD) provided for in Law No. 13,494, of October 24, 2017, whose adherence period ended on November 17, 2017.

Art. 32. The PRD contemplates special forms and conditions for settling debts due until March 31, 2017, in the following cases:
I – arising from the coercive fine provided for in Article 9, item II, combined with Article 11, § 11, both of Law No. 6,385, of 1976; II – arising from the sanctioning fine provided for in Article 11, item II, of Law No. 6,385, of 1976; III – arising from a commitment term celebrated based on Article 11, § 5º, of Article 11 of Law No. 6,385, of 1976; IV – arising from administrative sanction, in accordance with Article 87, item II, of Law No. 8,666, of June 21, 1993; and V – not included in the hypothesis of Article 46 of Law No. 8,112, of December 11, 1990.

Sole Paragraph. The PRD covers debts of natural or legal persons, including those subject to previous rescinded or active installment plans or under administrative or judicial discussion.

Section II – Delegation of Competence

Art. 33. Competence is delegated to the General Superintendent (SGE) for the purpose of deciding on requests for installment plans of debts, if the request was filed before the forwarding of the debts for registration in active debt, with the General Federal Prosecutor's Office (PGF), through its execution bodies, deciding on requests for installment plans of debts registered in Active Debt.

Sole Paragraph. With regard to the liquidation of credits referred to in §§ 3º and 4º of Article 41, competence is delegated to the SAD.

Section III – Installment Plans

Art. 34. The debtor may settle the debts covered by the PRD by opting for one of the following modalities:
I – payment in 2 (two) installments, the first installment corresponding to, at least, 50% (fifty percent) of the value of the consolidated debt, without reduction, and installment of the remainder in a second installment, with a reduction of 90% (ninety percent) of interest and late fees; II – payment in 60 (sixty) installments, the first installment corresponding to, at least, 20% (twenty percent) of the value of the consolidated debt, without reduction, and installment of the remainder in up to 59 (fifty-nine) monthly installments, with a reduction of 60% (sixty percent) of interest and late fees; III – payment in 120 (one hundred and twenty) installments, the first installment corresponding to, at least, 20% (twenty percent) of the value of the consolidated debt, without reduction, and installment of the remainder in up to 119 (one hundred and nineteen) monthly installments, with a reduction of 30% (thirty percent) of interest and late fees; or IV – payment in 240 (two hundred and forty) installments, the first installment corresponding to, at least, 20% (twenty percent) of the value of the consolidated debt, without reduction, and installment of the remainder in up to 239 (two hundred and thirty-nine) monthly installments, without discounts.

§ 1º The installment of the remainder referred to in items I to IV begins in January 2018, with successive monthly installments.

§ 2º The provisions of Articles 12 and 14, caput, and item IX, of Law No. 10,522, of 2002, apply to the PRD.

Section IV – Adherence

Art. 35. Adherence to the PRD is done through the presentation of a request to be made through the CVM's page on the worldwide computer network, at the electronic address www.gov.br/cvm, in the link Systems Center.

Sole Paragraph. The interested debtor must select the "Service" option and then select the "SAC" option, after which, select the service type "Document Protocol" and fill in the recipient area of the document, namely, the GEARC – Collection and Enforcement Management or directly at the CVM headquarters in Rio de Janeiro, or at the Agency's offices located in São Paulo and in Brasília.

Art. 36. The following conditions must be observed for adherence to the PRD:
I – formalization of the request requesting installment, signed by the debtor or legal representative, or duly constituted attorney with special powers, in accordance with the Law, attaching the respective instrument; II – proof of payment of the first installment according to the amount and period intended; III – installment request accompanied by:
a) authenticated copy of the constitutive act, if a legal person, with the respective changes, that allow identifying those responsible for the company's administration; b) copy of identity document, CPF and proof of residence, in the case of a natural person; c) declaration of non-existence of judicial action, or, in the existence of such, of its withdrawal and waiver of rights, duly proven by means of a copy of the petition filed in court; d) proof of irrevocable and unappealable withdrawal of active installment, with the applicant aware that:

the approval of adherence to the PRD implies immediate rescission of active installment plans, considering the debtor notified of their respective extinguishments, dispensing any other formality; and
for the purposes of adherence to the PRD, the withdrawal of previous active installments implies loss of any reductions applied to values already paid, as provided for in specific legislation of each installment modality; and

e) in the case of Attorney:

authenticated copy of the private power of attorney with recognized signature of the grantor or public power of attorney to represent the taxpayer before the CVM; and
copy of the identity document proving the signature of the grantee.

§ 1º The approval of the request for adherence to the PRD is conditioned on the payment of the first installment, which must occur by the last business day of the month of the request.

§ 2° Requests for installment that meet the requirements of this Resolution are considered automatically approved after the lapse of 90 (ninety) days from the date of their protocol without manifestation by the competent authority.

Art. 37. To include in the PRD debts that are under administrative or judicial discussion, the debtor must:
I – previously withdraw the administrative challenges or appeals and judicial actions that have as their object the debts to be settled and waive any allegations of right on which the aforementioned challenges and appeals or judicial actions are based; and II – in the case of judicial actions, file a request for extinction of the process with resolution of merit, in accordance with item "c" of item III of the caput of Article 487 of Law No. 13,105, of 2015.

§ 1° Partial withdrawal of administrative challenge and appeal filed or judicial action filed is admitted only in the case where the debt subject to withdrawal is distinguishable from the other debts discussed in the administrative process or in the judicial action.

§ 2° Proof of the request for withdrawal and waiver of judicial actions must be presented to the CVM, together with the request for adherence to the PRD.

§ 3° The withdrawal and waiver referred to in the caput do not exempt the author of the action from the payment of fees, in accordance with Article 90 of Law No. 13,105, of 2015.

Art. 38. Deposits linked to the debts to be paid or installed will be automatically transformed into definitive payment or converted into revenue.

§ 1° After the allocation of the deposited value to the debt included in the PRD, if there are unpaid debts remaining from the deposit, the outstanding balance may be settled in the manner provided for in Article 34.

§ 2° After conversion into revenue or transformation into definitive payment, the debtor may request the withdrawal of the remaining balance, if any, provided there is no other enforceable debt.

§ 3° In the case of judicial deposit, the provisions of the caput only apply to cases where there has been withdrawal of the action or appeal and waiver of any allegation of right on which the action is based.

§ 4° The provisions of this article apply to values originating from judicial seizure deposited in the single account of the National Treasury until October 24, 2017.

Art. 39. Adherence to the PRD implies:
I – the irrevocable and unappealable confession of the debts in the name of the debtor and indicated by him to compose the PRD, in accordance with Articles 389 and 395 of Law No. 13,105, of 2015, and the full and irrevocable acceptance of all conditions established in Law No. 13,494, of October 24, 2017; II – the duty to regularly pay the installments of the debts consolidated in the PRD; III – the prohibition of including the debts that compose the PRD in any other form of subsequent installment, except for the re-installment provided for in Article 14-A of Law No. 10,522, of 2002; IV – the maintenance of encumbrances resulting from the inventory of assets of fiscal precautionary measures and guarantees provided in fiscal execution actions or any other judicial action; V – the extension to the totality of the competencies of the credits that compose the registrations in active debt; VI – the obligation of the debtor to periodically access the Agency's electronic address to issue the guides for payment of the installments; and VII – the denial of the request, if the provisions of the other items of this article are not complied with.

Art. 40. When it is necessary to verify the accuracy of the values subject to the installment plan, the amount actually due may be reviewed, even if the installment plan has already been approved.

Section V – Installments and Their Payment

Art. 41. The debt subject to the installment plan is consolidated on the date of the adherence request to the PRD and must be divided by the number of installments indicated.

§ 1º Consolidated debt is considered the principal value, increased by charges and legal additions.

§ 2º While the debt is not consolidated, the debtor must calculate and pay on sight or the value equivalent to the amount of the debts subject to the installment plan divided by the number of intended installments, observing the minimum values provided for in § 6º.

§ 3º For the purpose of computing the consolidated debt, the use of own credits of the same nature and species is authorized for the settlement of debts under discussion in the administrative route, considered individually, and for each distinct adherence request.

§ 4º In the hypothesis provided for in § 2º of Article 36, the approval of the request for adherence to the PRD is conditioned on the approval of the liquidation with own credits of the same nature and species or, in case of denial, on the payment in cash of the originally indicated debts, within 30 (thirty) days.

§ 5° The granting of the installment plan implies the suspension of the impediments provided for in Article 7 of Law No. 10,522, of 2002.

§ 6° The minimum value of each monthly installment will be:
I – R$ 200.00 (two hundred reais), when the debtor is a natural person; and II – R$ 1,000.00 (one thousand reais), when the debtor is a legal person.

§ 7º The value of each monthly installment, on the date of payment, will be increased by interest equivalent to the SELIC reference rate for federal bonds, accumulated monthly, calculated from the date of approval of the request until the month prior to the payment, and by one percent interest relative to the month in which the payment is being made.

§ 8º The installments of the granted installment plan become due on the last business day of each month, from the month following the approval.

§ 9º. If the installment plan is not granted, the interested party is notified by means of a communication to be sent to the address stated in the request.

Art. 42. The payment of the installments must be made exclusively through GRU, issued by the installment system through the CVM's electronic address, and any payment made in a manner different from that provided for in this Resolution will be considered void for any purpose.

Art. 43. The inclusion of credits in the installment plan provided for in this Chapter does not imply novation of the debt.

Section VI– Rescission of Installment Plan

Art. 44. The installment plan is automatically rescinded, implying the immediate enforceability of the total confessed and unpaid credit and the automatic enforcement of the guarantee provided, in the following cases:
I – non-payment of three installments, consecutive or not; II – non-payment of the last installment, if all others are paid; III – detection of any act tending to the asset stripping of the debtor as a way to defraud the fulfillment of the installment plan; IV – declaration of bankruptcy or the extinction, by liquidation, of the opting legal person; V – granting of fiscal precautionary measure, in accordance with Law No. 8,397, of January 6, 1992; VI – declaration of inaptitude of the registration in the National Registry of Legal Entities – CNPJ, in accordance with Articles 80 and 81 of Law No. 9,430, of 1996; or VII – detection at any time of a judicial process not indicated in the installment term and for which the procedure of withdrawal or waiver has not been adopted.

Art. 45. The option for the PRD excludes any other form of installment plan for previous debts, except for the installment plan provided for in Law No. 10,522, of 2002.

Art. 46. If the installment plan is rescinded, the outstanding balance is determined using the criterion of proportional imputation of paid values, and the result of the reconciliation must support the enforcement of the collection, providing, as the case may be, the forwarding of the debt for registration in Active Debt or the continuation of fiscal execution.

Sole Paragraph. The rescission of the installment plan implies the cancellation of reductions and any other benefits granted.

CHAPTER V – FINAL PROVISIONS

Art. 47. The following are revoked:
I – CVM Deliberation No. 323, of November 23, 1999; II – CVM Deliberation No. 447, of September 24, 2002; III – CVM Deliberation No. 458, of April 29, 2003;

SECURITIES AND EXCHANGE COMMISSION OF BRAZIL
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CVM RESOLUTION NO. 55, OF OCTOBER 20, 2021

IV - CVM Deliberation No. 467, of January 21, 2004; V - CVM Deliberation No. 483, of June 24, 2005; VI - CVM Deliberation No. 536, of February 29, 2008; VII - CVM Deliberation No. 543, of July 29, 2008; VIII - CVM Deliberation No. 548, of September 4, 2008; and IX - CVM Deliberation No. 776, of July 20, 2017.

Art. 48. This Resolution enters into force on November 1, 2021.

Signed electronically by
MARCELO BARBOSA
President

CVM Resolution No. 55 of October 20, 2021

Lineage: Amended

Timeline