2022-02-10
Added · Updated
CVM Resolution No. 65 amends Articles 31, 33, 37, and 57 of Resolution CVM No. 45/2021, and Article 18-A of Resolution CVM No. 46/2021, to regulate the random distribution of administrative sanctioning cases among Board members and the procedures for requesting a review (vista). The amendments establish a 60-day deadline for resuming judgment after a review request, allow a single extension of up to 20 days upon justified request, and mandate the redistribution of cases upon a rapporteur's departure. These rules apply to the members of the CVM Board regarding the handling and voting on administrative processes.
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SECURITIES AND EXCHANGE COMMISSION OF BRAZIL (CVM) 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. 65, OF FEBRUARY 10, 2022
Amends CVM Resolutions No. 45, of August 31, 2021, and CVM No. 46, of August 31, 2021.
THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION OF BRAZIL – CVM makes public that the Board, in a meeting held on February 9, 2022, based on the provisions of Article 8, I, of Law No. 6.385, of December 7, 1976, APPROVED the following Resolution:
Art. 1. CVM Resolution No. 45, of August 31, 2021, shall enter into force with the following wording:
“Art. 31 .............................................................
§ 1. The drawing of lots must be carried out, openly, during an ordinary meeting of the Board and using a verifiable mechanism that ensures the uniform distribution of cases among the Board Directors. § 1-A. The designation of the President as Rapporteur is admitted, in accordance with specific Ordinance provisions. ...........................................................................” (New)
“Art. 33. Upon the definitive departure of the Rapporteur, administrative sanctioning cases under their rapporteurship must be grouped in chronological order, observing cases of connected processes, and redistributed by drawing, provisionally, until the swearing-in of their successor, in equal quantities, in accordance with Article 31, §§ 1 and 1-A.” (New)
“Art. 37. Occurrences of impediment, suspicion, and connection, when resulting in the redistribution of cases, must be compensated at the time of the drawing for the distribution of new cases, in accordance with Article 31, §§ 1 and 1-A.” (New)
“Art. 57 .............................................................
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§ 2-A. The Board member who requests a review (vista) must include the case on the agenda within 60 (sixty) days from the request for review so that the judgment may be resumed. § 2-B. Within 10 (ten) days prior to the expiration of the period set forth in § 2-A, the Board member who requested the review or their successor may, through a justified request addressed to the President of the CVM, request an extension of said period, only once, for up to 20 (twenty) days.
SECURITIES AND EXCHANGE COMMISSION OF BRAZIL (CVM) 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. 65, OF FEBRUARY 10, 2022
§ 2-C. In the case where the request for review was made by the President of the CVM, the request referred to in § 2-B must be addressed to the most senior member of the Board. ..........................................................................” (New)
Art. 2. CVM Resolution No. 46, of August 31, 2021, shall enter into force with the following wording:
“Art. 18-A. Board members may request a review (vista) of cases submitted for the Board’s consideration.
§ 1. The request for review does not prevent other Board members from casting their votes in advance, if they feel qualified to do so, and the votes cast must be recorded in the minutes. § 2. The Board member who requests a review must request the case be placed on the agenda again within 60 (sixty) business days from the request for review.” (New)
Art. 3. This Resolution enters into force on March 2, 2022.
Signed electronically 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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