Instruction Normative BCB No. 345 — Amends Instruction Normative BCB No. 77 of February 11, 2021

INSTRUCTION NORMATIVE BCB NO. 345, OF JANUARY 27, 2023

Amends Instruction Normative BCB No. 77, of February 11, 2021, which establishes procedures regarding the submission of documents and information, responses to requirements, and filing of appeals, the formalization of requirements, the communication of the decision, and other communications related to the instruction and examination of authorization processes conducted by the Department of Organization of the Financial System (Deorf), and takes other measures.

The head of the Department of Organization of the Financial System (Deorf), using the attribution conferred by Article 23, Item I, letter “a”, of the Internal Regulations of the Central Bank of Brazil, annexed to Ordinance No. 84,287, of February 27, 2015, and considering the provisions of Article 40 of Law No. 9,874, of January 29, 1999, and Article 6 of BCB Resolution No. 209, of March 22, 2022,

R E S O L V E:

Art. 1º Instruction Normative BCB No. 77, of February 11, 2021, shall enter into force with the following alterations:

“Art. 2º ............................................................................................................

Sole Paragraph. In the case of instruction of requests for authorization to operate, for representation of a foreign financial institution, or for registration of a database manager as provided for in Law No. 12,414, of June 9, 2011, access must be carried out through a Gov.br account for a natural person user.

Art. 9º-A The increase in capital of financial institutions governed by CMN Resolution No. 4,970, of November 25, 2021, resulting from the incorporation of capital reserves and profits realized, must be registered in Unicad, according to the outline available in subsection 3.3.40.120 of Sisorf.”

Art. 2º Paragraphs 3 and 4 of Article 8 of Instruction Normative BCB No. 77, of 2021, are hereby revoked.

Art. 3º Annex I to Instruction Normative BCB No. 77, of 2021, shall enter into force according to the annex of this Instruction Normative.

Art. 4º This Instruction Normative enters into force on February 1, 2023.

Carolina Pancotto Bohrer

Annex I

Examples of Document Description for Process Instruction:

Below are examples of how to fill in the "Description" field of the Digital Protocol screen for each document filed, as provided for in Article 4 of Instruction Normative BCB No. 77, of 2021, presented in the following order:

1. Authorization to operate a Multiple Bank;

2. Authorization to operate a Payment Institution;

3. Approval of election;

4. Response to requirement;

5. Filing of appeal.

Example 1:

Type of request: Authorization to operate a Multiple Bank

Sisorf Model 8.20.10.1: APPLICATION FOR AUTHORIZATION TO OPERATE

Proposed corporate name of the requesting institution: Banco ABCD S.A.

Trade name or acronym proposed: Banco ABCD

Identification of controllers and holders of qualified participation: "José Abcd", "Maria Abcd"

Elected or appointed to positions in statutory bodies: "João Abc" and "Joana Abc"

"Description" field for each document:

1. Application, the first document to be filed:

"Banco ABCD - Authorization to operate";

2. Other documents linked or associated with the first document, contained in the application:

a) "BANCO ABCD - Declaration of economic-financial capacity - controller José Abcd";

b) "BANCO ABCD - Declaration of lawful origin of resources - controller José Abcd ";

c) "BANCO ABCD - Declaration of lawful origin of resources - holder of qualified participation Maria Abcd ";

d) "BANCO ABCD - Business plan";

e) "BANCO ABCD - Declaration and authorization - controller José Abcd";

f) "BANCO ABCD - Declaration and authorization - holder of qualified participation Maria Abcd";

g) "BANCO ABCD - Declaration and authorization of the elected - Joana Abc";

h) "BANCO ABCD - Declaration and authorization of the elected - José Abc";

i) "BANCO ABCD - Declaration, signed by the company, regarding the elected or appointed";

j) "BANCO ABCD – Corporate bylaws";

k) "BANCO ABCD – Shareholders' agreement";

l) "BANCO ABCD – Usufruct contract".

Example 2:

Type of request: Authorization to operate a Payment Institution

Sisorf Model - 8.13.10.15: APPLICATION FOR AUTHORIZATION TO OPERATE A PAYMENT INSTITUTION

Corporate name of the institution: "Exemplo Payment Services S.A."

Trade name or acronym: "Exemplo IP"

CNPJ: 99.999.999/9999-99

Corporate Act: Extraordinary General Meeting of DD/MM/YYYY

Identification of members of the controlling group and holders of qualified participation: "José Abcd", "João Xyz" and "Carlos Wyz"

Name of the administrator: "Maria Abcd"

"Description" field for each document:

1. Application, the first document to be filed:

"Exemplo IP - Authorization to Operate"

2. Other documents linked or associated with the first document, contained in the application:

a) "Exemplo IP - Declaration of economic-financial capacity - controller José Abcd ";

b) "Exemplo IP - Declaration of lawful origin of resources - controller José Abcd ";

c) "Exemplo IP - Declaration of lawful origin of resources - holder of qualified participation João Xyz";

d) "Exemplo IP - Declaration of lawful origin of resources - holder of qualified participation Carlos Wyz ";

e) "Exemplo IP - Declaration of sustainability of the business model signed by the company";

f) "Exemplo IP - Declaration and authorization - controller José Abcd";

g) "Exemplo IP - Declaration and authorization - holder of qualified participation João Xyz";

h) "Exemplo IP - Declaration and authorization - holder of qualified participation Carlos Wyz";

i) "Exemplo IP - Declaration and authorization - administrator Maria Abcd";

j) "Exemplo IP - Declaration of the payment institution regarding the elected or appointed administrator(s)";

k) "Exemplo IP - Organizational chart".

Example 3:

Type of request: Election

Sisorf Model 8.20.10.5: APPLICATION FOR AUTHORIZATION FOR THE TAKING OF OFFICE AND EXERCISE OF ELECTED OR APPOINTED PERSONS (EXCEPT IN PUBLIC COMPANIES, MIXED-ECONOMY COMPANIES OR THEIR SUBSIDIARIES)

Corporate name of the Institution: "Coopexemplo - Mutual Savings and Credit Cooperative of Employees of Exemplo S.A."

Trade name or acronym: "Coopexemplo"

CNPJ: 99.999.999/9999-99

Corporate Act: Extraordinary General Meeting of DD/MM/YYYY

Name of the elected Director: "Maria Abcd"

Names of elected Fiscal Councilors:

"João Xyz" and "Carlos Wyz"

"Description" field for each document:

1. Application, the first document to be filed:

"99.999.999 - Coopexemplo - EGM of DD/MM/YYYY - Election"

2. Other documents linked or associated with the first document, in the order listed in the Application:

a) "99.999.999 - Declaration and authorization of the elected - Maria Abcd";

b) "99.999.999 - Declaration and authorization of the elected - João Xyz";

c) "99.999.999 - Declaration and authorization of the elected - Carlos Wyz";

d) "99.999.999 – Coopexemplo – Declaration of the institution regarding the elected or appointed".

Example 4:

In the response to requirements made by Deorf, when it is not possible via BC Correio because it is necessary to send attached documents, the "Description" field of the Digital Protocol must be filled in as follows:

Content: Response to requirements

Trade name or acronym or corporate name of the Institution: Institution XYZ

CNPJ: 99.999.999/9999-99

Declarations and Authorizations of the Elected: José Abcd

1. First document to be filed:

"99.999.999 - Institution XYZ - Response to requirements"

2. If it is necessary to send a linked or associated document, in the order stated in the requirement letter:

a) "99.999.999 - Declarations and Authorizations of the elected - José Abcd".

Example 5:

In the filing of an appeal against the decision of denial to Deorf, when it is not possible via BC Correio because it is necessary to send attached documents, the "Description" field of the Digital Protocol must be filled in as follows:

Content: Appeal

Trade name or acronym or corporate name of the Institution: Institution XYZ

CNPJ: 99.999.999/9999-99

Declaration of the Elected: João Xyz

1. First document to be filed:

"99.999.999 - Institution XYZ - Appeal"

2. If it is necessary to send a linked or associated document:

a) "99.999.999 - Declaration of the elected - João Xyz".

NOTE

Decree No. 10,411, of June 30, 2020, regulates the conduct of regulatory impact analysis (AIR) as a prerequisite for the issuance of normative acts. However, in its Article 4, the aforementioned decree establishes the hypotheses for dispensing with the conduct of AIR. This BCB IN falls under the hypothesis provided for in item III, a normative act considered low impact, as it only guides the execution of an obligation already contained in another current norm. Thus, based on item III of Article 4 of Decree No. 10,411, of 2020, I understand that the issuance of this BCB IN dispenses with the conduct of AIR.

Carolina Pancotto Bohrer