Rule · CVM · 20 Oct 2021
Legal entities and natural persons requesting restitution or compensation from the CVM must submit formalized electronic requests accompanied by specific identification, power of attorney, and constitutive documents. Restitution requests must be denied if not corrected within 15 days or if the inspection tax was already used for registration. Compensation is prohibited for third-party credits, unsettled judicial decisions, or debts consolidated in installment plans. Taxpayers must be notified of decisions within 30 days, and compensation requests filed within five years of a final judicial decision require full process copies.
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. 56, OF OCTOBER 20, 2021
Establishes norms on restitution and compensation within the Securities and Exchange Commission of Brazil.
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 Law No. 5,172, of October 25, 1966, Law 7,940, of December 20, 1989, Law No. 8,383, of December 30, 1991, Law No. 9,250, of December 26, 1995, Law No. 9,784, of January 29, 1999 and Decree No. 70,235, of March 6, 1972, APPROVED the following Resolution:
CHAPTER I – OBJECT AND SCOPE OF APPLICATION
Art. 1. This Resolution provides for:
I – the restitution and compensation of amounts collected as the Securities Market Inspection Tax, established by Law No. 7,940, of December 20, 1989; and II – the restitution of non-tax credits related to activities legally attributed to the CVM.
CHAPTER II – RESTITUTION
Section I – General Provisions
Art. 2. Restitution may occur in the following scenarios:
I – collection or spontaneous payment, undue, or in an amount greater than due; II – error in identifying the taxpayer, in determining the applicable rate, in calculating the debt amount, or in preparing or checking any document related to payment; and III – reform, annulment, revocation or rescission of a condemnatory decision. Sole Paragraph. Amounts unduly collected as fines and late interest provided for in law may also be refunded.
Art. 3. The right to request restitution expires after a period of 5 (five) years, counted:
I – in the scenarios of items I and II of Art. 2, from the date of extinction of the tax credit; II – in the scenario of item III of Art. 2, from the date the administrative decision becomes final or the judicial decision that reformed, annulled, revoked or rescinded the condemnatory decision becomes res judicata.
§ 1. Regarding non-tax credits provided for in item II of Art. 1, the count begins on the date of payment.
§ 2. The period to request restitution is suspended until the date of final judgment of an administrative appeal, or the extinction of any other fact that justifies the suspension of the enforceability of the credit.
Art. 4. Restitution can only be made upon request by the creditor or the person authorized to request the amount.
§ 1. The restitution request must be formalized preferably by filling out an electronic request, the access instructions for which will be on the CVM website.
§ 2. The presentation of a physical request is optional, to be filled out in the format of Annex A to this Resolution, in which case the documentation must be filed at the CVM headquarters in Rio de Janeiro, or at one of the legal representations of the Autarchy. § 3. The request, duly signed, must be accompanied, at a minimum, by the following complementary documents:
I – if the creditor is a legal entity or equivalent:
a) copy of the constitutive act, bylaws or social contract in force, accompanied by documents related to the election of administrators or the board in office, or, in the case of an investment fund, the document constituting the fund administrator; b) copy of the power of attorney instrument of legally authorized attorneys, in full force, i.e., power of attorney granted by public or private instrument; court order or judicial decision, if applicable; c) copy of official identification document, with signature, of the signatories of the request; d) copy of official identification document, with signature, of the legal representatives signing the power of attorney, if applicable; e) in the case of restitution of a fine applied by the CVM, or of the registration tax referred to in item II of Art. 4 of Law No. 7,940, of 1989, copy of documents capable of proving the factual and legal grounds on which the request is based, such as CVM letters, payment receipts and Union Collection Guides (GRU); and f) in the case of a request for restitution of an amount unduly paid as the Commitment Term provided for in § 5 of Art. 11 of Law No. 6,385, of December 7, 1976, copy of the documents supporting the request, such as the Commitment Term, any CVM letters, payment receipts and the GRU; and II – if the creditor is a natural person:
a) copy of official identification document, with signature:
§ 4. If there is a legal imposition or doubt regarding the authenticity of any of the documents attached to the process, the administrative authority may require the presentation of the original or the recognition of the subscriber's signature. § 5. The documentation presented electronically is the responsibility of the requester, who is liable under civil, criminal and administrative legislation for any inconsistencies or frauds. § 6. Digitized documents sent by the interested party have the value of a simple copy.
Art. 5. Restitution requests from legal entities must be formalized by the head office.
Art. 6. A restitution request filed in disagreement with the provisions of this Resolution will be returned to the requester, via electronic system or email, for corrections.
Art. 7. The CVM registers the restitution request in the Autarchy's information systems and proceeds to the establishment and instruction of a specific administrative process, to which the following are attached, at a minimum:
I – the restitution request and complementary documents; II – information regarding the GRUs used to pay the amounts to be refunded, for accounting purposes; and III – a demonstrative report of the use and updating of credits and the amount to be refunded.
Art. 8. The CVM may conduct inquiries with the requester, in order to request adjustments, clarify any doubts, or demand the forwarding of complementary documents aimed at ensuring the liquidity, certainty, authenticity or integrity of the information constituting the request.
Art. 9. In order to assist in forming a conviction regarding the admissibility of the request, those responsible for process instruction or approval of the request may send the records to the Special Federal Attorney at the CVM (PFE-CVM) or to any of the technical areas of the Autarchy, requesting legal analysis, or evaluation of the evidence and arguments presented by the requester, with the issuance of an opinion. § 1. Prior consultation with the technical area responsible is mandatory when the request covers the registration tax provided for in item II of Art. 4 of Law No. 7,940, of 1989. § 2. The pronouncement referred to in the caput of this article must be recorded in the records of the restitution administrative process within 15 (fifteen) days after the date of receipt of the records by the consulted area. § 3. The request for restitution of an amount paid as the Inspection Tax provided for in item II of Art. 4 of Law No. 7,940, of 1989, which is justified by the withdrawal or cancellation of a registration procedure for an offering, must be denied, if the registration request had already been filed with the CVM using the inspection tax whose restitution is being requested. § 4. The provisions of § 3 of this article do not apply to requests for restitution that have as their object only overpayments or duplicate payments.
Art. 10. The restitution request must be denied when:
I – it is not corrected within 15 (fifteen) calendar days after the date of return referred to in Art. 6 of this Resolution; II – no amount to be refunded is identified; or III – the right to request restitution is extinguished, in accordance with Art. 3.
Art. 11. Prior to the approval of the restitution request, in the event that the CVM finds the existence of Inspection Tax debts in the administrative sphere, it must notify the taxpayer of its position as creditor and debtor, so that he, if he deems it convenient, formalizes the authorization for compensation. Sole Paragraph. The taxpayer is granted a period of 5 (five) calendar days to formalize the authorization, with silence being considered as refusal to compensate, in which case the CVM must proceed with the restitution.
Art. 12. The creditor is notified of the decision on the restitution request within 30 (thirty) days counted from the date of filing the request, unless extended by an equal period expressly motivated, in accordance with Art. 49 of Law No. 9,784, of January 29, 1999. Sole Paragraph. Such period is suspended while the request is pending adjustments or confirmations by the requester.
Art. 13. The amounts subject to restitution are valued and paid as provided for in Chapters VII and VIII of this Resolution.
Art. 14. The restitution of amounts related to undue or overpayments made within the scope of the Office of the Federal Attorney General must be requested from the PFE-CVM, through a specific procedure.
Section II – Restitution in the Event of Succession or Extinction
Art. 15. In the event of death of a natural person, including a natural person equivalent to a company, restitution is made through a judicial order issued by the judicial authority, or a public deed issued in the extrajudicial inventory process.
Art. 16. In the event of business succession, the successor company has standing to request restitution.
Art. 17. In the event of the dissolution of the company, the partners who hold the right to the credit have standing to request restitution, as determined in the dissolution act.
CHAPTER III – COMPENSATION
Art. 18. The taxpayer who identifies a credit related to the Inspection Tax established by Law No. 7,940, of 1989, eligible for restitution, may use it to compensate debts of the same Tax, due or due in the future.
Art. 19. The taxpayer may compensate credits that have already been the subject of a restitution request presented to the CVM, provided that, on the date of presentation of the compensation request:
I – the restitution request has not been denied, even by a non-final administrative decision issued by the CVM; or II – if the restitution request was approved, the payment order for the credit has not yet been issued.
§ 1. The rules provided for in Art. 3 of this Resolution apply, to the extent applicable, to the five-year period to request compensation.
§ 2. The taxpayer may present a compensation request that has as its object a credit resulting from a payment made more than 5 (five) years ago, provided that such credit was the subject of a restitution request presented to the CVM before the expiration of said period.
Art. 20. Compensation is made upon request by the taxpayer or a duly authorized person.
§ 1. The compensation request is formalized preferably by filling out an electronic request, the access instructions for which will be on the CVM's website.
§ 2. The presentation of a physical request is optional, to be filled out in the format of Annex B to this Resolution, in which case the documentation must be filed at the CVM headquarters in Rio de Janeiro, or at one of the legal representations of the Autarchy. § 3. The request, duly signed, must be accompanied, at a minimum, by the following complementary documents:
I – if the taxpayer is a legal entity or equivalent:
a) copy of the constitutive act, bylaws or social contract in force, accompanied by documents related to the election of administrators or the board in office, or, in the case of an investment fund, the document constituting the fund administrator; b) copy of the power of attorney instrument of legally authorized attorneys, in full force, i.e., power of attorney granted by public or private instrument; court order or judicial decision, if applicable; c) copy of official identification document, with signature, of the signatories of the request; d) copy of official identification document, with signature, of the legal representatives signing the power of attorney, if applicable; and e) in the case of a compensation request using a credit from the registration tax referred to in item II of Art. 4 of Law No. 7,940, of 1989, copy of documents capable of proving the existence of the credit, such as CVM letters, payment receipts and GRU. II – if the taxpayer is a natural person:
a) copy of official identification document, with signature:
§ 4. If there is a legal imposition or doubt regarding the authenticity of any documents attached to the process, the administrative authority may require the presentation of the original or the recognition of the subscriber's signature. § 5. The documentation presented digitally is the responsibility of the requester, who is liable under civil, criminal and administrative legislation for any inconsistencies or frauds. § 6. Digitized documents sent by the interested party have the value of a simple copy.
Art. 21. Compensation requests from legal entities must be formalized by the head office.
Art. 22. A compensation request filed in disagreement with the provisions of this Resolution will be returned to the requester, via electronic system or email, for corrections.
Art. 23. The CVM registers the compensation request in the Autarchy's information systems and proceeds to the establishment and instruction of a specific administrative process, to which the following are attached, at a minimum:
I – the compensation request and complementary documents; II – information regarding the GRUs used to pay the amount that gave rise to any balance to be refunded; III – a demonstrative report of the use and updating of tax credits and debts; and IV – if applicable, a demonstrative report of the balance to be refunded, or the remaining balance of the debt.
Art. 24. The CVM may conduct inquiries with the requester, in order to request adjustments, clarify any doubts, or request the forwarding of complementary documents aimed at ensuring the authenticity and integrity of the information constituting the request.
Art. 25. The compensation request must be denied when:
I – the request is not corrected within 15 (fifteen) calendar days after the date of return referred to in Art. 22; II – no amount to be compensated is identified; or III – the right to request compensation is extinguished, in accordance with Art. 19.
Art. 26. The approval of the compensation request is conditioned on compliance with the provisions of this Resolution.
Art. 27. The compensation request constitutes a confession of debt and a suitable and sufficient instrument for the collection of debts.
Art. 28. The taxpayer's debts are compensated in the order indicated by him in the compensation request.
Art. 29. Credits eligible for compensation are valued in accordance with Chapter VII, and debts are subject to legal additions, in accordance with the governing legislation, up to the date of filing the compensation request. § 1. The total or partial compensation of the debt is accompanied by the compensation, in the same proportion, of the corresponding legal additions. § 2. In the case of interest accrual on the credit, compensation is made using the credit and compensatory interest, in the same proportion.
Art. 30. Compensation is prohibited in the following scenarios where the credit:
I – belongs to third parties;
II – results from a judicial decision that has not become res judicata; III – does not refer to the Inspection Tax established by Law No. 7,940, of 1989; IV – is not eligible for restitution; V – is based on the allegation of unconstitutionality of a law, except in cases where the law:
a) has been declared unconstitutional by the Supreme Federal Court in a direct action of unconstitutionality or in an action for declaratory constitutionality; b) has had its execution suspended by the Federal Senate; c) has been judged unconstitutional in a final judicial decision in favor of the taxpayer; or d) is the subject of a binding precedent approved by the Supreme Federal Court in accordance with Art. 103-A of the Federal Constitution.
Art. 31. In addition to the scenarios provided for in Art. 30, the compensation referred to in this Resolution is prohibited when it has as its object:
I – a debt that has already been forwarded to the Office of the Federal Attorney General (PGF), for registration in Active Debt; II – a debt consolidated in any installment plan granted by the CVM; III – a debt that does not refer to the Inspection Tax established by Law No. 7,940, of 1989; IV – a credit resulting from an undue or overpayment made within the scope of the PGF; and V – a credit subject to a restitution or compensation request whose confirmation of liquidity and certainty is under evaluation by the CVM.
Art. 32. In the event that compensation is considered unfounded with respect to part of the debts informed in the request, only such portion is excluded from the comparison between credits and debts.
Art. 33. The taxpayer must be notified of the decision on the compensation request within 30 (thirty) days counted from the date of filing the request, unless extended by an equal period expressly motivated, in accordance with Art. 49 of Law No. 9,784, of January 29, 1999.
SECURITIES AND EXCHANGE COMMISSION OF BRAZIL
Rua Sete de Setembro, 111/2-5th and 23-34th Floors, Center, Rio de Janeiro/RJ – CEP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2nd, 3rd and 4th Floors, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brazil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4th Floor, Brasília/DF – CEP: 70712-900 – Brazil -Tel.: (61) 3327-2030/2031 www.cvm.gov.br
CVM RESOLUTION NO. 56, OF OCTOBER 20, 2021
Sole paragraph. The deadline provided for in the main text of this article shall be suspended while the request is pending adjustments or confirmations by the applicant.
Art. 34. The CVM must notify the applicant regarding the existence of a remaining debtor or creditor balance.
Art. 35. The remaining balance in favor of the taxpayer may be used in future compensations, or may be subject to refund.
Sole paragraph. The taxpayer's credit against the CVM that exceeds the total of debts compensated by him/her shall be refunded only if requested by the taxpayer, through express indication in the compensation request or via a formal refund request filed within the deadline provided for in Art. 3 of this Resolution.
Art. 36. Tax compensation extinguishes the tax credit, as provided for in item II of Art. 156 of Law No. 5.172, of October 25, 1966 (CTN).
Art. 37. Compensation between tax credits and debts that are under the administration of the Attorney General's Office (Procuradoria-Geral Federal) must be requested from the PFE-CVM, through a specific procedure.
CHAPTER IV – COMPENSATION OF CREDITS ARISING FROM A FINAL JUDICIAL DECISION
Art. 38. The compensation of credits from the Inspection Tax instituted by Law No. 7.940, of 1989, arising from a final judicial decision, must occur in the manner provided for in this Resolution, unless the decision provides otherwise.
Art. 39. Compensation of the taxpayer's credit against the CVM, which is the subject of judicial discussion, is prohibited before the final judgment of the respective judicial decision.
Sole paragraph. Credits related to judicial titles already executed before the Judiciary, with or without the issuance of a precatory, cannot be subject to compensation.
Art. 40. In the case of a credit arising from a final judicial decision, the compensation request must be accompanied by:
I – a full copy of the process, issued by the Federal Judiciary;
II – in the case where the credit is backed by a judicial title subject to execution, a copy of the decision that homologated the withdrawal of the execution of the judicial title, by the Judiciary, and the assumption of all court costs and attorney's fees related to the execution process, or a copy of the personal declaration of non-execution of the judicial title filed in the Federal Judiciary and a judicial certificate attesting to it;
III – a copy of the articles of incorporation or bylaws of the legal entity, accompanied, as applicable, by the last contractual amendment involving a change in administration or the minutes of the assembly that elected the board of directors;
IV – a copy of the acts corresponding to the events of spin-off, merger, or incorporation, if applicable;
V – in the case of a compensation request filed by a legal representative of the taxpayer, a copy of the document proving legal representation and the identity document of the representative; and
VI – in the case of a request filed by an attorney of the taxpayer, a power of attorney granted by public or private instrument and a copy of the identity document of the grantee.
Sole paragraph. If irregularities or insufficiency of information are found, the applicant will be notified of the need to regularize the pending issues within 15 (fifteen) days, counted from the date of notification.
Art. 41. Within 30 (thirty) days counted from the date of filing the request or the regularization of the pending issues referred to in the sole paragraph of Art. 40 of this Resolution, a decision shall be issued, confirming that:
I – the taxpayer is listed in the active party of the action;
II – the action refers to the Inspection Tax instituted by Law No. 7.940, of 1989;
III – the judicial decision has become final;
IV – the request was formalized within 5 (five) years, counted from the date of the final judgment of the decision or the homologation of the withdrawal of the execution of the judicial title;
V – in the case where the credit is backed by a judicial title subject to execution, there was the homologation by the Judiciary of the withdrawal of the execution of the judicial title and the assumption of all court costs and attorney's fees related to the execution process, or the presentation of a personal declaration of non-execution of the judicial title in the Federal Judiciary and a judicial certificate attesting to it; and
VI – the request does not fall under any of the prohibitions on compensation provided for in this Resolution.
Art. 42. The request shall be denied when:
I – the pending issues referred to in the sole paragraph of Art. 40 are not regularized within the deadline provided for therein; or
II – the requirements set forth in Art. 41 are not met.
Art. 43. The CVM may require the taxpayer, as a condition for the homologation of the compensation of a credit arising from a judicial decision, to present a full copy of the process or a full copy of the final judicial decision that recognized the credit.
CHAPTER V – RECTIFICATION AND CANCELLATION OF REFUND OR COMPENSATION REQUESTS
Art. 44. Refund or compensation requests may only be rectified or canceled by the passive subject in the event that they are pending administrative decision at the date of sending the rectifying document or the cancellation request.
§ 1st. For the purposes of this Chapter, a compensation or refund request is considered pending administrative decision with respect to which the passive subject has not yet been notified of the approval or denial of the request.
§ 2nd. The rectification of the compensation request does not alter the valuation date, which remains the date of filing of the original compensation request.
Art. 45. The rectification and cancellation of refund or compensation requests may be requested by the passive subject, through digital protocol or via physical protocol at one of the CVM units.
Sole paragraph. The requests for rectification or cancellation shall be attached to the administrative process of refund or compensation.
CHAPTER VI – ADMINISTRATIVE DISCUSSION
Section I – Application of the Fiscal Administrative Process
Art. 46. It is optional for the passive subject, within 30 (thirty) days counted from the date of notification of the decision that denied his/her request for refund or compensation referred to in item I of Art. 1 of this Resolution, to present a statement of disagreement against the denial of the request, in accordance with Decree No. 70.235, of March 6, 1972.
§ 1st. The statement of disagreement must meet the admissibility requirements provided for in Art. 16 of Decree No. 70.235, of 1972.
§ 2nd. The competence to judge the statement of disagreement lies with the Administrative-Financial Superintendent (SAD).
Art. 47. From the decision that judges the statement of disagreement as unfounded, an appeal may be filed to the CVM's General Superintendent (SGE), within 30 (thirty) days, in accordance with Decree No. 70.235, of 1972.
Art. 48. The statement of disagreement against the denial of the compensation request, as well as the appeal against the decision that judged the statement of disagreement as unfounded, fall under the provisions of item III of Art. 151 of the CTN regarding the debt subject to compensation.
CHAPTER VII – VALUATION OF CREDITS
Art. 49. The credit administered by the CVM, subject to refund or compensation, shall be increased by interest equivalent to the reference rate of the Special Settlement and Custody System (SELIC) for federal bonds, accumulated monthly, and by interest of 1% (one percent) in the month in which:
I – the amount is made available to the passive subject; or
II – the compensation request is filed.
Sole paragraph. The amount is considered made available to the passive subject, for the purposes of item I of the main text, in the month of the effective refund.
Art. 50. In the calculation of the interest referred to in the main text of Art. 49, the initial term of incidence is observed as the month following the month of the undue or excessive payment.
Art. 51. Compensatory interest shall not apply to the passive subject's credit:
I – when the refund is effected in the same month of the origin of the credit right; or
II – in the case of compensation, when the valuation date of the credit is contained in the same month of the origin of the credit right.
CHAPTER VIII – PAYMENT
Art. 52. The payment of the refund is effected by the CVM exclusively through credit in a checking or savings account owned by the creditor.
§ 1st. When requesting the refund, the applicant must indicate the bank, branch, and checking or savings account number owned by the creditor in which he/she wishes the credit to be effected.
§ 2nd. If the creditor is an investment fund, the bank account of the fund itself, or that of its administrator, must be indicated in the request.
§ 3rd. If the creditor is a non-resident investor, the bank account of his/her representative may be indicated.
§ 4th. When the refund is due to a taxpayer residing abroad who does not have a bank account in Brazil, the payment must be made to a person indicated in a public power of attorney instrument.
§ 5th. When the refund is due to an incapacitated taxpayer who does not have a bank account in Brazil, the payment must be made to his/her legal representative, who must present documentation proving this condition.
Art. 53. It is the responsibility of the financial institution that effects the refund to verify the correspondence of the beneficiary's registration number in the Individual Taxpayer Registry (CPF) or the National Registry of Legal Entities (CNPJ), contained in the documents for opening the checking or savings account, with that indicated in the corresponding credit authorization.
Sole paragraph. Non-compliance with the provisions of the main text constitutes a diversion of public funds and obligates the responsible financial institution to deliver the values to the legitimate creditor, or their return to the National Treasury, plus the interest provided for in Art. 49, without prejudice to the imposition of other sanctions provided for in specific legislation.
CHAPTER IX – FINAL PROVISIONS
Art. 54. Except for acts that imply the imposition of duties, burdens, sanctions, or restrictions on the exercise of rights and activities, in accordance with Art. 6 of Law No. 13.726, of October 8, 2018, communication between the CVM and the applicant, without prejudice to the use of other means, shall be carried out exclusively electronically, via system or email.
§ 1st. In situations where this procedure is unfeasible or in case of unavailability of the electronic means, communication may be carried out by mail, with acknowledgment of receipt.
§ 2nd. When the location of the applicant is unknown, uncertain, or inaccessible, communication must be effected through publication in the Official Gazette of the Union or on the CVM's page on the worldwide web.
Art. 55. In the event that the refund or compensation request is presented to the CVM on a non-business day, it shall be considered filed on the first subsequent business day after the date of its presentation.
Art. 56. The refund or compensation request shall be summarily denied in the event that the creditor or taxpayer does not adopt the procedure provided for in this Resolution.
Art. 57. The request for refund or compensation of revenue not administered by the CVM, formalized before the Autarchy, shall be forwarded to the body or entity responsible for the administration of the revenue, in order for the right to be decided.
Sole paragraph. When the forwarding referred to in the main text is not possible, the interested party must be immediately notified of the fact, to take the necessary measures.
Art. 58. In order to assist in forming conviction regarding the admissibility of the request, those responsible for the process instruction or for the approval of the compensation or refund request may send the records to the PFE-CVM or to any of the technical areas of the Autarchy, requesting legal analysis, or evaluation of the evidence and arguments presented by the applicant, with the issuance of an opinion.
Sole paragraph. The pronouncement referred to in the main text of this article shall be registered in the records of the administrative process of compensation or refund within 15 (fifteen) days after the date of receipt of the records by the consulted area.
Art. 59. This Resolution enters into force on November 1, 2021.
Signed electronically by
MARCELO BARBOSA
President
SECURITIES AND EXCHANGE COMMISSION OF BRAZIL
Rua Sete de Setembro, 111/2-5th and 23-34th Floors, Center, Rio de Janeiro/RJ – CEP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2nd, 3rd and 4th Floors, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brazil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4th Floor, Brasília/DF – CEP: 70712-900 – Brazil -Tel.: (61) 3327-2030/2031 www.cvm.gov.br CVM RESOLUTION NO. 56, OF OCTOBER 20, 2021
ANNEX A TO CVM RESOLUTION NO. 56, OF OCTOBER 20, 2021
Refund Request referred to in Art. 4, §2
REFUND REQUEST
TAXPAYER IDENTIFICATION
NAME/BUSINESS NAME CNPJ/CPF
ADDRESS (street, avenue, square, etc.) NUMBER COMPLEMENT (apt, room, etc.)
NEIGHBORHOOD – DISTRICT MUNICIPALITY STATE ZIP CODE BANK (in which it will be credited) No.
BRANCH No. CHECKING ACCOUNT
PHONE EMAIL (email that will be used for communications regarding the request)
REASON FOR THE REQUEST
REQUEST
I am aware that communications regarding this request will be sent to the email informed in this form.
I request the refund of the aforementioned amount, declaring, under the penalties of Law No. 4.729, of July 14, 1965, and Law No. 8.137, of December 27, 1990, that the information provided in this request is the expression of the truth. NAME CPF QUALIFICATION DATE SIGNATURE
INSTRUCTIONS FOR FILLING OUT THE REFUND REQUEST
TAXPAYER IDENTIFICATION
– Fill in with the data of the participant who has credits to be refunded.
– The bank account informed must be owned by the participant themselves. In the case of Investment Funds, the account can be of the Fund or of its Administrator. In the case of Non-Resident Investor, the account must be that of his/her Representative.
REASON FOR THE REQUEST
– Inform the origin of the credits, according to the following examples:
Observations:
– Specify the dates and values of the payments made.
– In the case of periodic Inspection Taxes (e.g., quarterly/annual), specify only the period (quarter and year, for example) to which they refer.
– In the case of canceled Inspection Taxes or fines, specify the document in which the cancellation is stated.
– In the case of the Inspection Tax due upon registration (item II of Art. 4 of Law No. 7.940, of 1989), detail the factual reasons that justify the existence of the credit.
COMPLEMENTARY DOCUMENTS
Check the list of necessary documents in CVM Resolution No. 56 and attach them to the Refund Request.
SECURITIES AND EXCHANGE COMMISSION OF BRAZIL
Rua Sete de Setembro, 111/2-5th and 23-34th Floors, Center, Rio de Janeiro/RJ – CEP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2nd, 3rd and 4th Floors, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brazil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4th Floor, Brasília/DF – CEP: 70712-900 – Brazil -Tel.: (61) 3327-2030/2031 www.cvm.gov.br CVM RESOLUTION NO. 56, OF OCTOBER 20, 2021
ANNEX B TO CVM RESOLUTION NO. 56, OF OCTOBER 20, 2021
Compensation Request referred to in Art. 20, §2
COMPENSATION REQUEST
CREDITOR/TAXPAYER IDENTIFICATION
NAME/BUSINESS NAME CNPJ/CPF
ADDRESS (street, avenue, square, etc.)
NUMBER COMPLEMENT (apt, room, etc.)
NEIGHBORHOOD – DISTRICT MUNICIPALITY STATE ZIP CODE BANK (in which the eventual creditor balance will be credited) No. BRANCH No. CHECKING ACCOUNT PHONE EMAIL (email that will be used for communications regarding the request)
DETAILING OF DEBTS AND CREDITS
ORIGIN ORIGIN OF CREDITS DEBTS FOR COMPENSATION ( ) INSPECTION TAX Quarter (Ex: 1st, 2nd, 3rd, or 4th) Year (Ex:
2018)
Quarter
(Ex: 1st, 2nd, 3rd, or 4th)
Year
(Ex:
2018)
( ) INSPECTION TAX
(TABLE D)
REQUEST
( ) I request the refund of the creditor balance eventually calculated after the compensation procedure.
I am aware that communications regarding this request will be sent to the email informed in this form.
SECURITIES AND EXCHANGE COMMISSION OF BRAZIL
Rua Sete de Setembro, 111/2-5th and 23-34th Floors, Center, Rio de Janeiro/RJ – CEP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2nd, 3rd and 4th Floors, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brazil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4th Floor, Brasília/DF – CEP: 70712-900 – Brazil -Tel.: (61) 3327-2030/2031 www.cvm.gov.br CVM RESOLUTION NO. 56, OF OCTOBER 20, 2021 I am aware that this compensation request constitutes a confession of debt and a suitable and sufficient instrument for the demand of the debts detailed here. I request the compensation as detailed in this form, declaring, under the penalties of Law No. 4.729, of July 14, 1965, and Law No. 8.137, of December 27, 1990, that the information provided in this request is the expression of the truth. NAME CPF QUALIFICATION DATE SIGNATURE
INSTRUCTIONS FOR FILLING OUT THE COMPENSATION REQUEST
TAXPAYER IDENTIFICATION
– Fill in with the data of the participant who has Inspection Tax credits and debts to be compensated.
– The bank account informed must be owned by the participant themselves. In the case of Investment Funds, the account can be of the Fund or of its Administrator. In the case of Non-Resident Investor, the account must be that of his/her Representative.
DETAILING OF DEBTS AND CREDITS
– In the case of periodic Inspection Taxes (e.g., quarterly/annual), specify only the period (quarter and year, for example) to which they refer.
– In the case of the Inspection Tax due upon registration (item II of Art. 4 of Law No. 7.940, of 1989), detail the factual reasons that justify the existence of the credit and indicate any Inspection Tax debts to be compensated.
COMPLEMENTARY DOCUMENTS
Check the list of necessary documents in CVM Resolution No. 56 and attach them to the Compensation Request.
Signed electronically by
MARCELO BARBOSA
President
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“Decree No. 70,235, of March 6, 1972”
“in accordance with Art. 6 of Law No. 13.726, of October 8, 2018”
“based on Law No. 5,172, of October 25, 1966”
“Law 7,940, of December 20, 1989”
“Law No. 8,383, of December 30, 1991”
“Law No. 9,250, of December 26, 1995”
“as regulated by CVM Resolution No. 56/2021.”
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