Rule · CVM · 7 Feb 2022
Non-resident legal entities and individuals may apply for registration with the CVM. Representatives must send required information via an electronic system made available by the CVM or an administering entity prior to operations. This resolution amends CVM Resolution No. 13 of November 18, 2020, and enters into force on May 2, 2022.
COMMISSION OF SECURITIES AND EXCHANGE COMMISSION 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, 3º and 4º Floors, Bela Vista, São Paulo/ SP – ZIP: 01333-010 – Brazil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4º Floor, Brasília/DF – ZIP: 70712-900 – Brazil -Tel.: (61) 3327-2030/2031 www.cvm.gov.br CVM RESOLUTION NO. 64, OF FEBRUARY 7, 2022 Amends CVM Resolution No. 13, of November 18, 2020.
THE PRESIDENT OF THE COMMISSION OF SECURITIES AND EXCHANGE COMMISSION – CVM makes public that the Collegiate Body, in a meeting held on February 2, 2022, based on the provisions of Article 8, I, of Law No. 6.385, of December 7, 1976, and Article 2 of the Regulation Annex I of CMN Resolution No. 4.373, of September 29, 2014, APPROVED the following Resolution:
Art. 1º CVM Resolution No. 13, of November 18, 2020, shall enter into force with the following wording:
“Art. 2º...............................................................
Sole Paragraph. The non-resident natural person investor is exempt from obtaining the registration referred to in the main text, and their representative must send, prior to the start of the investor's operations in the Country, the information requested in an electronic system made available by the CVM or by the entity administering an organized market that has formalized an agreement or similar instrument with the CVM for this purpose.”(NR)
“Art. 3º Individual or collective investors, legal entities, funds, or other investment vehicles, with residence, headquarters, or domicile abroad, may apply for registration.”(NR)
“Art. 10. ............................................................
Sole Paragraph. The representative of the non-resident investor may be an intermediary institution through which the investor operates in the Brazilian securities market.”(NR)
“Art. 14. The representative of the non-resident investor registered with the CVM must send, through an electronic system available on the CVM's page on the World Wide Web, the following information:
...........................................................................”(NR)
“Art. 25. Communications from the CVM provided for in this Resolution shall be valid if made electronically or sent to the address of the representative, as stated in their registration.”(NR)
“ANNEX A TO CVM RESOLUTION NO. 13, OF NOVEMBER 18, 2020
...........................................................................
Art. 1º................................................................
...........................................................................
COMMISSION OF SECURITIES AND EXCHANGE COMMISSION 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, 3º and 4º Floors, Bela Vista, São Paulo/ SP – ZIP: 01333-010 – Brazil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4º Floor, Brasília/DF – ZIP: 70712-900 – Brazil -Tel.: (61) 3327-2030/2031 www.cvm.gov.br CVM RESOLUTION NO. 64, OF FEBRUARY 7, 2022
§ 1º....................................................................
XIII – companies constituted with bearer shares; or XIV – legal entities constituted abroad not included in the previous categories.
§ 2º....................................................................
I – is located, directly or indirectly, in a jurisdiction that is not classified, by the Financial Action Task Force against Money Laundering and Financing of Terrorism – FATF or by other international organizations whose rules or recommendations the CVM is bound by, as non-cooperative, high-risk, or holding strategic deficiencies in combating and preventing money laundering and terrorist financing or the financing of proliferation of weapons of mass destruction; and ...........................................................................”(NR)
Art. 2º The following are revoked:
I – items II and III of the main text of Article 1 of Annex A to CVM Resolution No. 13, of November 18, 2020; and II – item XV of § 1 of Article 1 of Annex A to CVM Resolution No. 13, of November 18, 2020.
Art. 3º This Resolution enters into force on May 2, 2022.
Signed electronically by
MARCELO BARBOSA
President
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“based on the provisions of Article 8, I, of Law No. 6.385, of December 7, 1976”
“and Article 2 of the Regulation Annex I of CMN Resolution No. 4.373, of September 29, 2014”
“as provided for in CVM Resolution 64/22, which amended CVM Resolution 13/20, and in Joint Resolution BACEN/CVM 13/24.”
“as provided for in CVM Resolution 64/22, which amended CVM Resolution 13/20.”
“CVM Resolution No. 64, which will enter into force on 2/5/2022, exempts the non-resident natural person investor from obtaining the registration provided for in CVM Resolution No. 13.”
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