Rule · CVM · 16 Apr 2012
Issuers of securitization securities must submit quarterly reports via the CVM’s electronic system by the ITR and DFP deadlines. Reports must use table form, aggregating linked series, and include director declarations, audit committee summaries, and separate estate financials. The LTV ratio must update upon signs of extraordinary devaluation or if exceeding one. Auditors must examine these reports during reasonable assurance work. This instruction replaces provisions in Instruction CVM No. 480 and entered into force on July 1, 2012.
Amends and adds provisions to Instruction CVM No. 480, of December 7, 2009.
The PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION - CVM makes public that the Collegiate Board, in a meeting held on April 10, 2012, based on the provisions of Art. 8, items I, 21 and 22, of Law No. 6,385, of December 7, 1976, APPROVED the following Instruction:
Art. 1 The Art. 25 of Instruction CVM No. 480, of December 7, 2009, shall be in effect with the following wording:
“Art. 25 ...
...
§ 1 ...
VI – declaration by the directors that they have reviewed, discussed, and agreed with the financial statements; VII – summarized annual report of the audit committee, if any; and VIII – in the case of a securitizer, financial statements relating to each of the separate estates, for the issuance of receivable certificates under fiduciary regime. ...” (NR)
Art. 2 Annex 32-II of Instruction CVM No. 480, of 2009, shall be in effect with the wording proposed in the Annex to this Instruction.
Art. 3 This Instruction enters into force on July 1, 2012, applying to the quarter starting on this date.
Signed original by
MARIA HELENA DOS SANTOS FERNANDES DE SANTANA
President
ANNEX
Annex 32-II
Art. 1 Issuers whose object is the securitization of credits must send to the CVM via an electronic system available on the CVM's page on the worldwide web the following quarterly report, complying with the deadline for delivery of quarterly information forms – ITR and standardized financial statements – DFP:
Competence: MM/YYYY
SPECIFICATIONS 1
Securities / issuance / series
BALANCE (R$) /
INFORMATION
1 The information must be presented in table form, encompassing the set of information associated with the respective issuance and series. In the event that two or more series of an issuance of securities are linked to a single underlying asset, the information must be presented in an aggregated manner. 2 Duration is the representation, in units of time, of the average duration of a payment stream weighted by its present value, which allows checking the sensitivity of the portfolio to variations in the interest rate.
1.2. Classes of securities 3
a. class b. quantity
c. value
d. average rates and indexers of the securities e. maturity date f. risk classification, if any g. identification of the risk rating agency, if any h. level of subordination
i. amortization periodicity of the securities
2.2. Liabilities (R$ or R$ thousand)
a. current
i. issued securities
ii. other liabilities
Identify the existence of senior and subordinated securities.
4 Accumulated data throughout the current fiscal year must be presented.
b. non-current
i. issued securities
ii. other liabilities
2.3. Financial flow (R$ or R$ thousand)
a. total receipts b. payments of expenses and commissions of the securitization
c. payments made to the senior class
i. principal amortization
ii. interest
d. payments made to the subordinated class
i. principal amortization
ii. interest
e. other payments and receipts f. sufficiency/insufficiency of cash g. value allocated to subordinated securities (subordination premium) h. value allocated to the securitizer
i. value allocated or reversed from the expense fund of the separate estate
j. value allocated or reversed from funds constituted for credit enhancement or liquidity k. others (specify)
l. values of contractual payments stipulated
i. values of contractual payments stipulated (principal plus interest)
ii. senior class
iii. subordinated class
3.2. Modification of the linked credit portfolio during the quarter
a. event
i. acquisitions
ii. disposals
iii. retrocessions
iv. substitutions
v. buybacks
vi. others (specify)
b. value
c. justification
3.3. Information on credits in liquidation process during the quarter
Events that generated early amortization or affected the payment flow during the quarter
4.1. Impact of prepayment events on the cash flow of the credit portfolio (duration and internal rate of return)
4.2. Analysis of the impact of prepayment events on holders of securities
4.3. Analysis of the impact of other events provided for in the credit securitization term that resulted in early amortization of the securities
4.4. Analysis of the impact of other events that affected the regularity of the expected payment flows
Declaration by the person responsible for the content of the report
Art. 2 Regarding item 1.1.j., the LTV must be updated whenever there are indications:
I – of extraordinary real estate devaluation, in the region, in the segment, or generalized; or II – that its value tends to exceed the quotient of 1 (one).
Sole Paragraph. When assessing whether there is any indication that an asset may have suffered devaluation, the issuer must consider, at a minimum, the following indications:
I – if the market value of an asset has decreased significantly, more than would be expected as a result of the passage of time or normal use; and II – if significant changes with adverse effects on the asset (collateral) have occurred during the period, or will occur in the near future, in the technological, market, economic or legal environment, in the market for which the asset is used.
Art. 3 The quarterly report referred to in Art. 1 of this Annex must be sent by issuers of securities of securitization operations, such as:
I – real estate receivable certificates;
II – agribusiness receivable certificates; and III – debentures whose payment of principal and interest arises from the financial flow resulting from the assignment of credit rights.
Art. 4 The quarterly report referred to in Art. 1 of this Annex must be examined during the performance of the reasonable assurance work by the independent auditor.
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The title says this document was revoked or repealed; RegAlert has no link to the document that did it.
“Amends and adds provisions to Instruction CVM No. 480, of December 7, 2009.”
“as amended by CVM Instruction No. 520/12.”
This document amends: CVM Instruction 480 (Repealed) - Registration of Issuers of Securities Admitted to Trading on Regulated Markets
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