Instruction Normative BCB No. 445 — Amends the Filling Instructions and Layout of Document Code 2061 - Operational Limits Statement (DLO)

BCBC INSTRUCTION NORMATIVE NO.
445, OF DECEMBER 22, 2023

Amends the Filling Instructions and the Layout of document code 2061 - Operational Limits Statement (DLO), governed by BCB Instruction Normative No. 81, of February 23, 2021.

The Head of the Financial System Monitoring Department (Desig), in the exercise of the authority conferred by Art. 23, item I, letter “a”, of the Internal Regulations of the Central Bank of Brazil, annexed to Resolution BCB No. 340, of September 21, 2023, based on Art. 85, item I, of the aforementioned Regulations, and considering the provisions of CMN Resolutions Nos. 4,955, 4,957 and 4,958, all of October 21, 2021, BCB Resolutions Nos. 346, of October 4 2023, and 363, of December 14, 2023, and on BCB Instruction Normative No. 81, of February 23, 2021,

R E S O L V E S:

Art.
1º The new versions of the Filling Instructions and of the Layout of document code 2061 - Operational Limits Statement (DLO) shall enter into force, as of the January 2024 data base, available on the Central Bank of Brazil website, at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd.

Art.
2º The following modifications were made to the Filling Instructions:

I - in
Chapter V - Tables:

a) in
Table 003 - Accounts:

1. inclusion
   of account 570.15;

2. alteration of the description of the function of accounts 570,
   750, 750.01, 871, 872 and 873;

b) in
Table 010 - Exposure Weighting Factors:

1. inclusion
   of domains 97000000, 97010000, 97020100, 97030100, 97040100, 97050150, 97060200, 97070300, 97080600, 97091250, 97101250 and 97111250.

c) in Table 024 – Element Type:

1. alteration
   of the description of domains 52, 53 and 54.

Art.
3º The following modifications were made to the Layout:

I - in
Annex 3 - Account Code:

a) inclusion of account 570.15;

II - in
Annex 010 - Exposure Weighting Factor Code:

a) inclusion of domains 97000000, 97010000, 97020100, 97030100, 97040100, 97050150, 97060200, 97070300, 97080600, 97091250, 97101250 and 97111250.

III - in Annex 024 – Element Type:

a) alteration of the description of domains 52, 53 and 54.

Art.
4º This Instruction Normative enters into force on January 2, 2024.

GILNEU FRANCISCO ASTOLFI VIVAN

NOTE

1.                     The Operational Limits Statement (DLO), document code 2061, whose normative basis is Resolution  
   

BCB No. 69, of February 10, 2021, reflects the prudential regulation provided for in several Resolutions issued by the Monetary National Council (CMN) and by the Central Bank of Brazil (BCB), with BCB Instruction Normative (IN BCB) No. 81, of February 23, 2021, aiming to present, in a synthetic manner, the information regarding the details of the calculation of limits monitored by the BCB, at the calculation data base.

2.                     For each limit,  
   

the document contains two sets of information: i) calculation of the institution's situation; and ii) calculation of the regulatory requirement and the margin (or insufficiency) of the institution in relation to the considered limit. The DLO is composed of various accounts that must be filled in by financial institutions and other institutions authorized to operate by the Central Bank of Brazil (IFs).

3.                     Resolution BCB No. 346,  
   

of October 4, 2023, amended Resolution BCB No. 229, of May 12, 2022, which establishes the procedures for calculating the portion of risk-weighted assets (RWA) related to credit risk exposures subject to capital requirement calculation through the standardized approach (RWACPAD). This regulation establishes risk weighting factors (RWF) for precatórios and credit rights issued against the Union, Federal District, States and Municipalities.

4.                     Resolution BCB No. 363,  
   

of December 14, 2023, amended BCB circulars and resolutions that establish procedures for calculating the portions of the amount of risk-weighted assets (RWA) for credit risk, operational risk and risks associated with payment services. The changes promoted by Resolution BCB No. 363, of 2023, aim to:

I - Exclude revenues related to payment services from the composition of the portion of risk-weighted assets relative to the calculation of capital required for operational risk through the standardized approach (RWAopad) for institutions subject to the calculation of RWAsp;

II - Include type 1 conglomerates in the calculation of RWAsp; and

III - Consider the receivables from payment services as non-exposure.

5.                     This IN BCB aims to  
   

make adjustments to the DLO in order to incorporate the changes made by BCB Resolutions Nos. 346 and 363, both of 2023, which will be valid as of January 2, 2024. The following changes were made to the layout and filling instructions of the DLO:

I - Inclusion of a specific account to report the registered value of precatórios and credit rights issued against the Union, the States and the Municipalities;

II - Creation of domains for recording the exposure weighting factors (RWFs) for precatórios and credit rights issued against the Union, the States and the Municipalities;

III - Alteration of the description of the function of accounts related to RWAsp and RWAopad; and

IV - alteration of the description of the domains of the element related to payment services.

6.                     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 Art. 4º, the Decree establishes the hypotheses for exemption from conducting AIR. This IN BCB falls under the hypotheses provided for in items II and III, namely:
II - normative act intended to regulate rights or obligations defined in a hierarchically superior norm that does not allow, technically or legally, different regulatory alternatives; and III - normative act considered to have low impact.

7.                     Resolution BCB No. 346,  
   

of 2023, which amended Resolution BCB No. 229, of 2022, established new procedures for calculating the portion of risk-weighted assets (RWA) related to credit risk exposures subject to the calculation of the capital requirement through the standardized approach (RWACPAD). Resolution BCB No. 363, of December 14, 2023, which amended BCB circulars and resolutions that establish procedures for calculating the portions of the amount of risk-weighted assets (RWA) for credit risk (RWAcpad), operational risk (RWAopad) and risks associated with payment services (RWAsp), established new procedures for calculating the RWAs for institutions subject to the calculation of RWAsp. In light of this, to allow institutions to correctly calculate and report the RWAs, there is no alternative but to request new information from institutions subject to these capital requirements, thus justifying the inclusion in item II of Art. 4º of Decree No. 10.411, of 2020. Furthermore, since the DLO is the Document used by institutions to send information related to the calculation of RWAs, it is understood that the submission of new information through the DLO is the simplest and lowest-cost implementation method, both for the institutions and for this Central Bank, which also justifies its inclusion in item III of Art. 4º of the aforementioned Decree.

8.                     Thus, based on  
   

items II and III of Art. 4º of Decree
No. 10.411, of 2020, I understand that the issuance of this IN BCB is exempt from conducting AIR.

GILNEU FRANCISCO ASTOLFI VIVAN
Financial System Monitoring Department

• Desig