Rule · CVM · 10 May 2023
Entities requesting inspection fee refunds must submit requests via the CVM portal, including procedure identification, process numbers, offer details, and detailed justifications with supporting documents. Refunds for ongoing offers where the GRU was already used are prohibited until the offer closes.
SECURITIES AND EXCHANGE COMMISSION OF BRAZIL
Rua Sete de Setembro, 111/2-5º and 23-34º Floors, Centro, Rio de Janeiro/RJ – CEP: 20050-901 – Brazil - Tel.: (21) 3554-8686 Rua Cincinato Braga, 340/2º, 3º and 4º Floors, Bela Vista, São Paulo/ SP – CEP: 01333-010 – Brazil - Tel.: (11) 2146-2000 SCN Q.02 – Bl. A – Ed. Corporate Financial Center, S.404/4º Floor, Brasília/DF – CEP: 70712-900 – Brazil - Tel.: (61) 3327-2030/2031 www.cvm.gov.br Joint Circular No. 5/2023/CVM/SRE/GEARC Rio de Janeiro, May 10, 2023. Subject: Guidelines on procedures to be observed by coordinators in the processing of refund or compensation requests for inspection fees - former Table D or current Annex IV of Law No. 7,940/2021.
Dear Director,
This Joint Circular complements Joint Circular No. 1/2022-CVM/SRE (Joint Circular CVM/SRE 01/22), published on 01/14/2022, and must be read together with that document, for the purpose of clarifying the scenarios for the incidence, payment, refund, or compensation of inspection fees applicable to public distribution offers.
In this sense, we provide below guidelines regarding the procedures to be observed in the processing of refund or compensation requests for inspection fees within the scope of public distribution offers of securities (former Table D or current Annex IV of Law No. 7,940/89), as regulated by CVM Resolution No. 56/2021.
The guidelines and the form to request the refund of the fee can be accessed at the following link: https://www.gov.br/cvm/pt-br/assuntos/regulados/taxa-de-fiscalizacao/restituicaoe-compensacao and the request must be accompanied by the following information:
a) Identification of the procedure to which the offer was subject: CVM Instruction 400 (registration or exemption from registration), CVM Instruction 476, CVM Resolution 160 (ordinary procedure or automatic procedure), or the information that no public offer related to the fee was carried out nor was a registration request protocol/application filed, in the case of registered offers, or a notice of the start of the offer, in the case of 476 offers, with the CVM;
b) If there was no protocol/application for registration request or notice of exemption from registration of the offer filed with the CVM associated with the payment of the inspection fee, present, if it exists, the deliberation that motivated the payment of the fee and any subsequent deliberation that decided on its non-use;
c) In the case of offers carried out under CVM Instruction 400, identification of the process number and/or registration number;
d) In the case of offers carried out under CVM Instruction 476, identification of the main characteristics of the offer: Leader, Offeror, Issuer, security, Issuance, series/class, start date, end date, and dates of sending the respective notices;
e) In the case of offers carried out under CVM Resolution 160, identification of the request number and/or registration number;
f) Detailed justification for the refund request, accompanied by documents and information that the applicant deems adequate to prove the reported situation;
g) In the case of ongoing offers (not yet closed), refund requests for the fee will not be analyzed, whose GRU (Government Revenue Receipt) has already been used in the offer (reported in the SRE System). In these cases, the refund request for the fee must be sent to the CVM only after the closure of the offer.
Sincerely,
LUÍS MIGUEL R. SONO
Superintendent of Securities Registration
JULIANA PASSARELLI ALVES
Manager of Collection
Administrative-Financial Superintendence
Document electronically signed by Luis Miguel Jacinto Mateus Rodrigues Sono, Superintendent of Registration, on 05/10/2023, at 16:24, based on art. 6 of Decree No. 8,539, of October 8, 2015.
Document electronically signed by Juliana Passarelli Alves, Manager, on 05/10/2023, at 17:00, based on art. 6 of Decree No. 8,539, of October 8, 2015.
The authenticity of the document can be verified at the site https://super.cvm.gov.br/conferir_autenticidade, by informing the verification code 1773291 and the CRC code 9AFA754A.
The authenticity of this document can be verified by accessing https://super.cvm.gov.br/conferir_autenticidade, and typing the "Verification Code" 1773291 and the "CRC Code" 9AFA754A.
Reference: Process No. SRE Joint Circulars 2023 SEI Document No. 1773291
Note from RegAlert. AI assistants can read this document in full, and search 70,000+ more, through the RegAlert MCP connector (https://mcp.regalert.today/mcp). Free with an account. How to connect ChatGPT, Claude or Cursor.
RegAlert holds no document that amends or replaces this one. This is not a check that it is in force: confirm with the regulator.
“based on art. 6 of Decree No. 8,539, of October 8, 2015.”
“as regulated by CVM Resolution No. 56/2021.”
More like this from CVM
CVM published 2 documents in the last 30 days. We email you each new one the day it's published.
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
In RegAlert: added · updated