2022-01-19
Added · Updated
CVM Resolution No. 62 prohibits administrators, shareholders of public companies, intermediaries, and other market participants from creating artificial conditions of demand, supply, or price, manipulating prices, conducting fraudulent operations, and using inequitable practices. It defines these prohibited behaviors, classifies violations as serious infractions under Law No. 6.385, and repeals previous regulations CVM Instruction No. 8 and CVM Deliberation No. 14. The resolution entered into force on February 1, 2022.
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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 62, DE 19 DE JANEIRO DE 2022 Prohibits the practices of creating artificial conditions of demand, supply, or price of securities, price manipulation, carrying out fraudulent operations, and the use of inequitable practices, and revokes CVM Instruction No. 8, of October 8, 1979, and CVM Deliberation No. 14, of December 23, 1983.
The PRESIDENT OF THE SECURITIES COMMISSION – CVM makes it public that the Board, in a meeting held on January 18, 2022, in view of the provisions of item I of art. 8 and item “b” of item II of art. 18 of Law No. 6.385, of December 7, 1976, and art. 5 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 prohibition of practices creating artificial conditions of demand, supply, or price of securities, price manipulation, carrying out fraudulent operations, and the use of inequitable practices.
Art. 2 For the purposes of this Resolution, the following definitions apply:
I – artificial conditions of demand, supply, or price of securities: those created as a result of negotiations by which their participants or intermediaries, by intentional action or omission, directly or indirectly, cause alterations in the flow of buy or sell orders for securities; II – price manipulation: the use of any process or device intended, directly or indirectly, to raise, maintain, or lower the quotation of a security, inducing third parties to buy and sell it; III – fraudulent operation: one in which deceit or device is used to induce or maintain third parties in error, with the purpose of obtaining illicit advantage of a patrimonial nature for the parties to the operation, for the intermediary, or for third parties; and IV – inequitable practice: one that results, directly or indirectly, effectively or potentially, in treatment for any of the parties, in negotiations with securities, that
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 62, DE 19 DE JANEIRO DE 2022 places it in an undue position of imbalance or inequality vis-à-vis the other participants in the operation.
CHAPTER II – PROHIBITED PRACTICES
Art. 3 It is prohibited for administrators and shareholders of public companies, intermediaries, and other participants in the securities market to create artificial conditions of demand, supply, or price of securities, manipulate prices, carry out fraudulent operations, and use inequitable practices.
Art. 4 A violation of the norm contained in this Resolution is considered a serious offense, for the purposes of the provisions of § 3 of art. 11 of Law No. 6.385, of December 7, 1976.
Art. 5 CVM Instruction No. 8, of October 8, 1979, and CVM Deliberation No. 14, of December 23, 1983, are hereby revoked.
Art. 6 This Resolution enters into force on February 1, 2022.
Electronically signed by
MARCELO BARBOSA
President
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Source: Comissão de Valores Mobiliários — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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