Resolution No. 222

INSTRUCTION NORMATIVE

BCB No. 558, OF DECEMBER 2, 2024

Discloses procedures for verifying compliance with the requirement to apply sight deposits, collected by financial institutions, in productive guided microcredit operations, and establishes procedures for the remittance of information related to said operations.

The Head of the Department of Banking Operations and Payment System (Deban), using 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, and taking into account the provisions of CMN Resolution No. 4.854, of September 24, 2020, and CMN Resolution No. 4.861, of October 23, 2020,

RESOLVES:

Art. 1º This Instruction Normative discloses procedures for verifying compliance with the requirement to apply sight deposits, collected by financial institutions, in productive guided microcredit operations, and establishes procedures for the remittance of information related to said operations.

Art. 2º For the sending and consultation of information and resource movement regarding the allocation of sight deposits collected by financial institutions for productive guided microcredit operations governed by BCB Resolution No. 53, of December 16, 2020, institutions must observe the following procedures:

I - institutions participating in the Reserve Transfer System – STR with primary access via the National Financial System Network – RSFN: use the RSFN; and

II - other institutions: use the STR-Web application.

Art. 3º For the provision of information referred to in art. 2º regarding reference dates from January 1, 2025, the message “RCO0002 - IF informs Statement”, from the RCO Service Group, contained in the Catalog of Services of the National Financial System, must be used, filling the field “CodRCO” with the value “11 - Microfinance Direction”, observing the following codes of the Domain Dictionary:

I - CodItem 1102 - sight deposits that should not be computed in the balance of deposits subject to direction, according to art. 4º, § 3º, items I and II, of CMN Resolution No. 4.854, of September 24, 2020, corresponding to the total balance of the item “9.0.9.67.05.00-4 Sight Deposits Not Computed for Direction Purposes”, of the Accounting Standard of Institutions Regulated by the Central Bank of Brazil – Cosif;

II - CodItem 1109 - total balance of the item "3.0.9.64.30.00-7 DIM - Applied Resources", of Cosif;

III - CodItem 1110 - sum of the balances of the items “9.0.9.67.19.00-7 DIM - Captured Resources - Others” and “9.0.9.67.10.00-6 DIM - Captured Resources - Immediate Application”, of Cosif;

IV - CodItem 1114 - total balance of the item “3.0.9.64.01.00-5 Microentrepreneurs PNMPO - No Delay or With Delay up to 90 Days”, of Cosif, considering including the balance of operations referred to in art. 6º, § 2º, of CMN Resolution No. 4.854, of September 24, 2020, without the application of the multiplication factor permitted therein;

V - CodItem 1121 - total balance of the item “3.0.9.64.05.00-1 Natural Persons Assistive Technology - No Delay or With Delay up to 90 Days”, of Cosif, corresponding to the gross debtor balance of financing for operations in normal course, or overdue up to 90 days, referred to in art. 1º of CMN Resolution No. 4.861, of October 23, 2020;

VI - CodItem 1123 - total balance of the item “3.0.9.64.28.00-2 Credits Granted to Cooperatives and SCM - Direction”, of Cosif, corresponding to the value granted by the institution in operations referred to in art. 5º, items II and IV, of CMN Resolution No. 4.854, of September 24, 2020;

VII - CodItem 1124 - sum of the balances of the items “9.0.9.67.29.00-4 Credits Captured by Cooperatives and SCMEPP - Others” and “9.0.9.67.20.00-3 Credits Captured by Cooperatives and SCMEPP - Immediate Application”, of Cosif, corresponding to the value captured by the institution in operations referred to in art. 5º, items II and IV, of CMN Resolution No. 4.854, of September 24, 2020;

VIII - CodItem 1125 - total balance of the item “3.0.9.64.03.00-3 Natural Persons Registered in the Single Registry - No Delay or With Delay up to 90 Days”, of Cosif, corresponding to the balance of operations referred to in art. 6º, § 2º, of CMN Resolution No. 4.854, of September 24, 2020, without the application of the multiplication factor permitted therein;

IX - CodItem 1126 - total balance of the item “9.0.9.67.10.00-6 DIM - Captured Resources - Immediate Application”, of Cosif, corresponding to the portion of the values reported in CodItem 1110 captured with the purpose of immediate application;

X - CodItem 1127 - total balance of the item “9.0.9.67.20.00-3 Credits Captured by Cooperatives and SCMEPP - Immediate Application”, of Cosif, corresponding to the portion of the values reported in CodItem 1124 captured with the purpose of immediate application; and

XI - CodItem 1128 - total balance of the item “3.0.9.64.32.00-5 Transfers to OSCIPs - Direction”, of Cosif.

Sole Paragraph. Only resources whose destination has been effectively carried out in new productive guided microcredit operations by the deadline for providing the information of the reference period in which the capture occurred can be considered as resources captured with the purpose of immediate application.

Art. 4º For the purpose of providing the information referred to in art. 3º, each month must be considered a period for the purpose of directing sight deposits collected by financial institutions for productive guided microcredit operations, using the first day of the month as the start date and the last as the end date of the period.

§ 1º The message “RCO0002 - IF informs Statement”, referred to in art. 3º, must contain information related to, at least one and, at most, twenty-three reference dates of the same period.

§ 2º The information related to items “I”, “III”, “VII”, “IX” and “X” of art. 3º must be provided only for the last business day of the period.

Art. 5º In the event that the Central Bank of Brazil detects a reference date for which information has not been provided in accordance with art. 3º, the values related to the last informed date, immediately preceding, will be attributed to that date.

§ 1º The institution that does not present variation in the values of its statements, over a certain time interval, may report only the values related to the first day of the interval, which will be replicated for the other days.

§ 2º The replication referred to in § 1º of the caput will occur only for calculation purposes and, therefore, will not be considered inclusion of a statement.

Art. 6º The unapplied value of sight deposits collected by financial institutions in productive guided microcredit operations to be remitted to the Central Bank of Brazil, in accordance with art. 6º of CMN Resolution No. 4.854, of September 24, 2020, corresponds to the result of the following calculation:

Value to be remitted = Requirement – Application, where:

I - Requirement = values registered in CodItems 1126 and 1127 of the reference month (the month immediately preceding the month in which the verification is being carried out), plus the arithmetic mean of the values resulting from the application, on each last business day in the twelve months preceding the reference month, of the prevailing rate on the difference between CodItems 1001 and 1102, added to the mean, in the same period, of the values registered in CodItems 1124 and 1110 minus the values registered in CodItems 1126 and 1127:

where:

a) = sum of the values of the last business day in the twelve months preceding the reference month;

b) CodItem1126mref = corresponds to the value reported in CodItem 1126 on the last business day of the reference month; and

c) CodItem1127mref = corresponds to the value reported in CodItem 1127 on the last business day of the reference month;

II - Application = arithmetic mean of the sum, for each reference date in the month preceding the month in which the verification is being carried out, of:

CodItem 1109 + CodItem 1114 + CodItem 1121 + CodItem 1123 + CodItem 1125 + CodItem 1128.

Sole Paragraph. The value of CodItem 1121 will be computed with the limit established in art. 5º, item VI, of CMN Resolution No. 4.854, of September 24, 2020.

Art. 7º Any value to be remitted related to the insufficiency in the mandatory application in productive guided microcredit operations, as well as changes in this insufficiency, will be calculated and informed to the institution:

I - on the business day prior to the adjustment date, after the calculation of the night processing routine, through the RCO0014 message or by consultation via the portlet Compulsório in the STR-Web application, when there is a value to be remitted related to a future period of movement of the mandatory direction of productive guided microcredit operations;

II - immediately, by consultation via the portlet Compulsório in the STR-Web application, or through the following messages to STR participants with primary access via the RSFN:

a) RCO0002R1, when there is inclusion or alteration of the information referred to in art. 3º regarding the reference month (the month immediately preceding the verification month) and that cause an impact on the current movement period;

b) RCO0014, when there is inclusion or alteration of the information referred to in art. 3º related to the current movement period and that are not related to the reference month; and

c) RCO0014, when there is inclusion or alteration of information related to the current movement period, provided within the scope of the compulsory remittance on sight resources and used for the calculation of the requirement for the direction of productive guided microcredit operations referred to in art. 6º;

III - every business day, after the calculation of the night processing routine, through the RCO0014 message or by consultation via the portlet Compulsório in the STR-Web application, when there is inclusion or alteration of the information referred to in art. 3º related to a past movement period, or when there is inclusion or alteration of information provided within the scope of the compulsory remittance on sight resources and used for the calculation of the past requirement for the direction of productive guided microcredit operations referred to in art. 6º.

Art. 8º Credit cooperatives of small businessmen, microentrepreneurs or microentrepreneurs and those with free admission of associates, societies for credit to the microentrepreneur and small-sized companies and other institutions depositaries of DIM or captors of credit referred to in art. 5º, items II and IV, of CMN Resolution No. 4.854, of September 24, 2020, not yet registered in the Compulsory Remittance System, without primary access via the RSFN, must contact Deban (Operational Subdivision – Compulsory Remittances and Directions – Sucom - phone: (11) 3491-6758) to obtain guidance regarding registration in the STR-Web application, by which, according to art. 10, item I, letter “c”, of the Regulation annexed to BCB Resolution No. 105, of June 9, 2021, they must provide the information provided for in art. 3º of this Instruction Normative, necessary to prove the application in productive guided microcredit operations and to calculate any values to be remitted.

Art. 9º For the purposes of the provisions of BCB Resolution No. 131, of August 20, 2021, Deban will monitor the conduct of institutions in sending the information referred to in articles 2º and 3º and will give identical treatment to that related to the sending of information associated with the compulsory remittance on sight resources.

Art. 10. The supporting documentation of the information object of this Instruction Normative, unless otherwise provided, must be kept available to the Central Bank of Brazil for a minimum period of five years, counted from the date to which each information refers.

Art. 11. Instruction Normative BCB No. 59, of December 16, 2020, published in the Official Gazette of the Union on December 18, 2020, rectified in the Official Gazette of the Union on December 21, 2020 and in the Official Gazette of the Union on December 22, 2020, is hereby revoked.

Art. 12. This Instruction Normative enters into force on January 1, 2025.

ROGÉRIO ANTÔNIO LUCCA

NOTE

This Note supports the issuance of this Instruction Normative and deals with the waiver of regulatory impact analysis – AIR applicable to this regulation.

The accounts of the Accounting Standard of Institutions Regulated by the Central Bank of Brazil – Cosif listed in Instruction Normative BCB No. 59, of December 16, 2020, which discloses procedures for verifying compliance with the requirement to apply sight deposits, collected by financial institutions, in productive guided microcredit operations, and establishes procedures for the remittance of information related to said operations, will need to be replaced from January 1, 2025, considering Instruction Normatives BCB Nos. 428 and 433, of December 1, 2023, which provide for Cosif items.

In this scenario, this Instruction Normative replaces the aforementioned Instruction Normative BCB No. 59, of December 16, 2020, to update the list of Cosif accounts and, when appropriate, update or adjust the wording of other sections of this regulation.

Decree No. 10.411, of June 30, 2020, provides, in its art. 3º, that the issuance, alteration or revocation of normative acts of general interest of economic agents or users of services provided by direct, autarchic and foundation federal public administration bodies and entities will be preceded by AIR.

However, this same Decree lists, in the items of its art. 4º, hypotheses of waiver of AIR, among which we highlight the “normative act that aims to update or revoke norms considered obsolete, without change of merit” (item IV of said article).

The Instruction Normative now proposed, as mentioned, deals with the replacement of Cosif accounts and the update or adjustment of wording. In this context, it aims to revoke, without change of merit, Instruction Normative BCB No. 59, of December 16, 2020, which will become obsolete. Thus, under the support of the already cited art. 4º, item IV, of Decree No. 10.411, of June 30, 2020, I consider that the Instruction Normative now proposed is exempt from AIR.

ROGÉRIO ANTÔNIO LUCCA
Head of the Department of Banking Operations and Payment System