Lei nº 12.810, de 15 de maio de 2013 - Dispõe sobre o parcelamento de débitos com a Fazenda Nacional ...; altera as Leis nºs 8.212, ... 6.385, ... e 9.514 (Law No. 12,810 of 15 May 2013 - instalment of social security debts of states and municipalities; amends several laws (incl. rules on registration/deposit of financial assets, arts. 22-28))

English translation of the Portuguese text from planalto.gov.br (the Portuguese text is the official one). Retrieved 2026-10-26.

LAW No. 12,810, OF MAY 15, 2013

Veto Message

Conversion of Provisional Measure No. 589, of 2012

Provides for the installment payment of debts with the National Treasury related to social security contributions for which the States, the Federal District and the Municipalities are responsible; amends Laws Nos. 8,212, of July 24, 1991, 9,715, of November 25, 1998, 11,828, of November 20, 2008, 10,522, of July 19, 2002, 10,222, of May 9, 2001, 12,249, of June 11, 2010, 11,110, of April 25, 2005, 5,869, of January 11, 1973 - Code of Civil Procedure, 6,404, of December 15, 1976, 6,385, of December 7, 1976, 6,015, of December 31, 1973, and 9,514, of November 20, 1997; and repeals a provision of Law No. 12,703, of August 7, 2012.

THE PRESIDENT OF THE REPUBLIC I make known that the National Congress decrees and I sanction the following Law:

Art. 1º The debts with the National Treasury for which the States, the Federal District, the Municipalities and their respective autarchies and public foundations are responsible, related to the social contributions referred to in subparagraphs a and c of the sole paragraph of art. 11 of Law No. 8,212, of July 24, 1991, and the respective accessory obligations, arising from periods due up to February 28, 2013, including thirteenth salary, whether constituted or not, whether registered or not in the active debt of the Union, even if in the phase of a tax execution already filed, or that have been the object of a previous installment payment not fully settled, shall be consolidated and paid in 240 (two hundred and forty) installments to be withheld from the respective State Participation Fund - FPE and Municipal Participation Fund - FPM and transferred to the Union, or in installments equivalent to 1% (one percent) of the monthly average of the net current revenue of the State, the Federal District or the Municipality, whichever results in the lower installment.

§ 1º The debts whose triggering events occurred up to February 28, 2013, which are assessed subsequently, shall be incorporated into the installment payment referred to in the

caput

, by increasing the number of installments, without implying an increase in the amount of the installments.

§ 2º The installment-paid debts shall have a reduction of 100% (one hundred percent) of the late-payment or ex officio fines, 50% (fifty percent) of the late-payment interest and 100% (one hundred percent) of the legal charges, including attorney's fees.

§ 3º Taxpayers who have opted for the installment payment plans provided for in art. 1º of Provisional Measure No. 589, of November 13, 2012, may opt, in the form of regulations, for the re-installment payment of the respective debts under the rules provided for in this article until the last business day of the 3rd (third) month following the publication of this Law.

§ 4º The isolated fine referred to in § 10 of art. 89 of Law No. 8,212, of July 24, 1991, whose triggering event occurs up to the date established in the

caput

, may be included in the installment payment, without the application of the reductions referred to in § 2º . (Included by Law No. 13,137, of 2015)

Art. 2º For the purposes of this Law, net current revenue is understood as that defined in the terms of item IV of art. 2º of Complementary Law No. 101, of May 4, 2000.

§ 1º The percentage of 1% (one percent) shall be applied to the monthly average of the net current revenue referring to the year prior to the due date of the installment, published in accordance with the provisions of arts. 52,

53 and 63 of Complementary Law No. 101, of May 4, 2000.

§ 2º For the purpose of calculating the monthly installments, the States, the Federal District and the Municipalities are obliged to send to the Secretariat of the Federal Revenue of Brazil of the Ministry of Finance, by the last business day of February of each year, the statement of calculation of the net current revenue referred to in

item I of the caput of art. 53 of Complementary Law No. 101, of May 4, 2000.

§ 3º To the installments due in January, February and March of each year, the limits used in the previous year shall be applied, in the terms of § 1º .

§ 4º The information referred to in § 2º , provided by the political entity, may be reviewed ex officio.

Art. 3º Adherence to the installment payment referred to in art. 1º of this Law implies authorization by the State, the Federal District or the Municipality for the withholding, from the FPE or the FPM, and transfer to the Union of the amount corresponding to the current social security obligations of the months prior to the receipt of the respective Participation Fund, in the case of non-payment at maturity.

§ 1º The withholding and transfer shall be made from the month following the due date of the unpaid social security obligation, with the incidence of legal charges due up to the date of withholding

§ 2º In the event of failure to present the Collection Form for the Length of Service Guarantee Fund and Information to Social Security - GFIP within the legal deadline, the amount to be withheld in the terms of § 1º shall correspond to the average of the last 12 (twelve) periods collected or due, without prejudice to the collection, restitution or offsetting of any differences.

§ 3º The withholding and transfer of the FPE or FPM shall be made in accordance with the following order of preference:

I - current obligations not paid at maturity;

II - the installments of the installment payment referred to in art. 1º of this Law; and

III - the installments of other installment payment plans that have such provision.

§ 4º In the event that the FPE or FPM is not sufficient to withhold the sum of the amounts corresponding to the obligations due in the form of § 3º , the amount of the difference not withheld must be paid by means of the Social Security Guide - GPS.

Art. 4º The granting of the installment payment request referred to in art. 1º of this Law is conditioned upon the presentation by the State, the Federal District or the Municipality, on the date of formalization of the request, of the statement referring to the calculation of the net current revenue of the calendar year prior to the publication of this Law.

Art. 5 The installments of the payment plan referred to in art. 1 of this Law shall be due monthly, starting from the last business day of the 2nd (second) month following the month of the request.

Art. 6 The payment plan referred to in art. 1 of this Law shall be terminated in the following cases:

I - failure to collect the difference not withheld in the FPE or FPM for 3 (three) months, consecutive or alternating;

II - default on debts related to the taxes covered by the payment plan with a tax period equal to or later than March 2013, for 3 (three) consecutive or alternating months;

III - verification, characterized by an official assessment, of a debt difference corresponding to the social security obligation covered by the payment plan referred to in art. 1 of this Law, unless fully paid within 60 (sixty) days, counted from the notification of the assessment or the final decision in the administrative or judicial sphere; or

IV - failure to present the information related to the statement of calculation of net current revenue referred to in § 2 of art. 2.

Sole paragraph. At the discretion of the political entity, the difference referred to in item III of the

caput

may be included in the payment plan referred to in art. 1 of this Law.

Art. 7 The requests for the payment plan referred to in art. 1 of this Law must be formalized by the last business day of the third month following the publication of this Law, at the unit of the Brazilian Federal Revenue Service of the jurisdiction of the applicant, and from the date of adherence, any withholding related to debts from previous payment plans included in the payment plan referred to in this Law is prohibited.

§ 1 The existence of other ongoing payment plan modalities does not prevent the granting of the payment plan referred to in art. 1 of this Law.

§ 2 Upon the filing of the payment plan request by the federative entity, the enforceability of the debts included in the payment plan before the National Treasury is suspended, which shall issue a positive certificate of the entity, with negative effect, in relation to said debts.

§ 3 Following the formalization of the payment plan request and until the debt is consolidated and the amount of the installments to be paid is calculated in the form of art. 1 of this Law, an amount corresponding to 0.5% (five tenths of a percent) of the monthly average of the net current revenue of the previous year of the respective State Participation Fund - FPE and Municipal Participation Fund - FPM shall be withheld and transferred to the Union, as an advance of the payments to be made at the moment of the effective start of the payment plan.

§ 4 Adherence to the payment plan referred to in art. 1 of this Law does not affect the terms and conditions of discounts and reductions of previously granted payment plans.

Art. 8 To the payment plan referred to in art. 1 of this Law applies, where applicable, the provisions of arts. 12,

13 and 14-B of Law No. 10,522, of July 19, 2002.

Art. 9 The Brazilian Federal Revenue Service of the Ministry of Finance and the Attorney General's Office of the National Treasury, within their respective competences, shall issue the necessary acts for the execution of the payment plan referred to in art. 1 of this Law.

Art. 10 Law No. 8,212, of July 24, 1991, shall come into force with the addition of the following art. 32-B:

“Art. 32-B. The direct administration bodies, autarchies, foundations and public companies of the Union, States, Federal District and Municipalities, whose General Rules of Financial Law for the preparation and control of budgets are defined by Law No. 4,320, of March 17, 1964, and by Complementary Law No. 101, of May 4, 2000, are obliged, in the manner established by the Brazilian Federal Revenue Service of the Ministry of Finance, to present:

I - the accounting delivered to the External Control Court; and

II - the payroll.

Sole paragraph. The information referred to in the

caput

must be presented by April 30 of the year following the end of the fiscal year.”

Art. 11. (VETOED).

Art. 12 The debts with the National Treasury under the responsibility of the States, Federal District, Municipalities and their respective autarchies and public foundations, related to the Public Servant Heritage Formation Program - PASEP, instituted by Complementary Law No. 8, of December 3, 1970, overdue until February 28, 2013, constituted or not, registered or not in the active debt of the Union, even if in the phase of a tax execution already filed, or that have been the subject of a previous payment plan not fully settled, shall be consolidated and paid in 240 (two hundred and forty) installments to be withheld from the State Participation Fund - FPE and Municipal Participation Fund - FPM and transferred to the Union.

§ 1 Debts whose triggering events occurred until February 28, 2013, which are determined later, may be incorporated into the payment plan referred to in the

caput

, by increasing the number of installments, not implying an increase in the amount of the installments.

§ 2 The installment debts shall have a reduction of 100% (one hundred percent) of late payment or official fines, 50% (fifty percent) of late payment interest and 100% (one hundred percent) of legal charges.

§ 3 The requests for the payment plan referred to in the

caput

of this article must be formalized by the last business day of the third month following the publication of this Law, at the unit of the Brazilian Federal Revenue Service of the jurisdiction of the applicant, and from the date of adherence, any withholding related to debts from previous payment plans included in the payment plan referred to in this Law is prohibited.

§ 4 The Brazilian Federal Revenue Service and the Attorney General's Office of the National Treasury, of the Ministry of Finance, shall issue the necessary acts for the execution of the payment plan referred to in the

caput

.

Art. 13 Art. 2 of Law No. 9,715, of November 25, 1998, shall come into force with the addition of the following § 7:

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

..............................................................................................

§ 7 Excluded from the provisions of item III of the

caput

of this article, the amounts of transfers arising from agreements, transfer contracts or similar instruments with a defined object.” (NR)

Art. 14. Art. 1 of Law No. 11,828, of November 20, 2008, shall come into force with the following wording:

“Art. 1 In the case of cash donations received by public financial institutions controlled by the Union and destined for actions to prevent, monitor and combat deforestation, including programs for remuneration for environmental services, and for the promotion of conservation and sustainable use of Brazilian biomes, in the manner established in regulations, there is an exemption from the incidence of the Contribution to PIS/Pasep and the Contribution for the Financing of Social Security - COFINS.

....................................................................................” (NR)

Art. 15. Art. 26 of Law No. 10,522, of July 19, 2002, shall come into force with the following wording:

“Art. 26. The restriction on the transfer of federal resources to States, the Federal District and Municipalities destined for the execution of social actions or actions in border areas is suspended, as a result of defaults recorded in Cadin and in the Integrated System of Financial Administration of the Federal Government - SIAFI.” (NR)

Art. 16. Law No. 10,522, of July 19, 2002, shall come into force with the addition of the following art. 26-A:

“Art. 26-A. The body or entity that receives resources for the execution of agreements, transfer contracts and partnership terms in the manner established by federal legislation shall be subject to rendering accounts for their good and regular application, observing the provisions of §§ 1 to 10 of this article.

§ 1 Specific norm shall provide for the deadline for rendering accounts and initiating special accounting proceedings, if applicable.

§ 2 When the rendering of accounts is not submitted within the established deadline, a maximum period of 30 (thirty) days shall be granted for its presentation, or collection of the resources, including the income from the application in the financial market, updated monetarily and increased by late payment interest, in the manner of the law.

§ 3 For agreements in which there has been no physical execution nor use of resources, the collection to the single account of the Treasury shall occur without the incidence of late payment interest, but with the income from the financial application.

§ 4 Once the rendering of accounts is presented, the grantor shall examine it, approving or rejecting, totally or partially, the accounts, in a motivated manner.

§ 5 In the occurrence of one of the hypotheses of default provided for in §§ 1 to 4, or in the case of the accounts presented being rejected totally or partially, the grantor shall record the default in the management system of the instrument and communicate the fact to the analytical accounting body to which it is linked, for the purposes of initiating special accounting proceedings, or another investigation procedure in which the adversarial and broad defense of the involved parties are guaranteed.

§ 6 Once the existence of harm to the treasury or diversion of resources is confirmed in the manner of § 5, administrative or judicial measures shall be implemented for the recovery of the amounts, under penalty of joint liability.

§ 7 It is up to the successor mayor and governor to render accounts for the resources arising from agreements, transfer contracts and partnership terms signed by their predecessors.

§ 8 In the impossibility of complying with the provisions of § 7, justifications demonstrating the impediment to rendering accounts and a request for initiating special accounting proceedings shall be presented to the grantor.

§ 9 Once the measure provided for in § 8 is adopted, the record of default of the body or entity shall be suspended, within a period of up to 48 (forty-eight) hours, by the grantor.

§ 10. Specific norm shall provide for the deadline for recording default in the management system of the instrument and the form of prior notification with the referred deadlines.”

Art. 17. Art. 56 of Law No. 8,212, of July 24, 1991, shall come into force with the addition of the following § 2, renumbering the sole paragraph to § 1:

“Art. 56. ........................................................................

§ 1 (Revoked by Provisional Measure No. 2187-13, of 2001).

§ 2 The resources of the FPE and FPM not transferred as a result of the application of the

caput

of this article may be used for the settlement, total or partial, of debts related to the contributions dealt with in items a and c of the sole paragraph of art. 11 of this Law, at the request of the legal representative of the State, Federal District or Municipality.” (NR)

Art. 18. Arts. 1 and 3 of Law No. 10,222, of May 9, 2001, shall come into force with the following wording:

“Art. 1 Sound broadcasting services and sound and image services transmitted with digital technology shall control their audio signals so that there is no unjustifiable increase in volume during commercial intervals.” (NR)

“Art. 3 Non-compliance with the provisions of this Law shall subject the infringer to the penalties prescribed in the Brazilian Communications Code.” (NR)

Art. 19. Art. 60 of Law No. 12,249, of June 11, 2010, shall come into force with the following alterations:

(Revoked by Provisional Measure No. 1,138, of 2022)

(Revoked by Law No. 14,537, of 2023)

“Art. 60. ........................................................................

..............................................................................................

§ 2 From April 1, 2013, in relation to tour operators and travel agencies, the limit provided for in § 1 does not apply, provided that they are registered with the Ministry of Tourism and that the operations provided for in the

caput

are carried out through a financial institution domiciled in the Country.

§ 3 The Executive Power shall provide for the limits and conditions for the use of the benefit.

§ 4 The provisions of this article do not apply to the case of a beneficiary resident or domiciled in a country or dependency with favored taxation or benefiting from a privileged tax regime, referred to in arts. 24 and 24-A of Law No. 9.430, of December 27, 1996. ” (NR)

Art. 20. Arts. 2, 3 and 4-A of Law No. 11.110, of April 25, 2005, shall come into force with the following wording:

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

..............................................................................................

§ 2 Federal public financial institutions that fall under the provisions of § 5 of art. 1 of this Law may act in the PNMPO through a company in which they participate directly or indirectly, provided that such company has as its object the provision of services necessary for the contracting and monitoring of oriented productive microcredit operations and that these services do not represent activities exclusive to financial institutions, and this company must register with the Ministry of Labor and Employment.

§ 3 To comply with the provisions of § 2 of this article, federal public financial institutions, directly or through their subsidiaries, may establish a company or acquire an interest in a company headquartered in Brazil, and the acquisition of the oriented productive microcredit institutions listed in § 6 of art. 1 of this Law is prohibited.

I - (revoked);

II - (revoked);

III - (revoked);

IV - (revoked).

§ 4 Rural productive microcredit operations carried out within the scope of Pronaf with family farmers covered by Law No. 11.326, of July 24, 2006, provided that they follow the methodology defined in § 3 of art. 1 of this Law, may be considered as oriented productive microcredit, part of the PNMPO.

§ 5 In the operationalization of the rural productive microcredit referred to in § 4 of this article, the oriented productive microcredit institutions referred to in § 6 of art. 1 of this Law may, under the responsibility of the mandating financial institution, provide the following services:

I - reception and forwarding to the financial institution of proposals for opening demand deposit accounts and savings accounts;

II - reception and forwarding to the financial institution of loan, financing and renegotiation requests;

III - preparation and analysis of the credit proposal and completion of the registration form and credit instruments, with verification of the accuracy of the information provided by the applicant, in view of the competent documentation;

IV - execution of non-judicial collection services;

V - conducting follow-up and guidance visits, and preparing the respective reports and/or statements;

VI - safekeeping of documents, as fiduciary depositary.” (NR)

“Art. 3 ..........................................................................

..............................................................................................

III - the requirements for the accreditation of oriented productive microcredit institutions and of the companies referred to in § 2 of art. 2 of this Law, in the PNMPO, among which must be included:

..............................................................................................

§ 1 ...............................................................................

..............................................................................................

III - sampling monitoring, by the operating financial institutions, at the oriented productive microcredit institutions, at the companies referred to in § 2 of art. 2 of this Law and at the final borrowers of the resources;

....................................................................................” (NR)

“Art. 4-A. .....................................................................

§ 1 The subsidy referred to in the

caput

is limited to the respective budgetary allocation set for the fiscal year.

....................................................................................” (NR)

Art. 21. Law No. 5.869, of January 11, 1973 - Code of Civil Procedure, shall come into force with the addition of the following art. 285-B:

“Art. 285-B. In disputes concerning obligations arising from a loan, financing or leasing agreement, the plaintiff must specify in the initial petition, among the contractual obligations, those it intends to contest, quantifying the uncontested amount.

Sole paragraph. The uncontested amount must continue to be paid in the time and manner contracted.”

Art. 22. It is incumbent upon the Central Bank of Brazil and the Securities Commission, within the scope of their respective competences:

I - to authorize and supervise the exercise of the activity of centralized deposit of financial assets and securities; and

II - to establish the conditions for the exercise of the activity provided for in item I.

Art. 23. The centralized deposit, carried out by entities qualified as central depositories, comprises the centralized custody of financial assets and securities, fungible and non-fungible, the control of their effective ownership and the handling of their events.

Sole paragraph. The entities referred to in the

caput

are responsible for the integrity of the systems they maintain and of the records corresponding to the financial assets and securities under their centralized custody.

Art. 24. For the purposes of centralized deposit, financial assets and securities, in physical or electronic form, shall be transferred under the fiduciary ownership regime to the central depository.

§ 1 The constitution and extinction of fiduciary ownership in favor of the central depository shall be carried out, including for purposes of publicity and effectiveness before third parties, exclusively with the inclusion and deregistration of the financial assets and securities in the entity's ownership controls.

§ 2 The records of the issuer or of the registrar of financial assets and securities must faithfully reflect the ownership controls of the central depository.

§ 3 The financial assets and securities transferred in the form of the

caput

:

I - shall not be commingled with the general estate or with other special estates of entities qualified as central depository;

II - must remain in the centralized deposit accounts in the name of the respective beneficial owner or, when permitted by the relevant regulation, of its representative, until they are redeemed, withdrawn from circulation or returned to their beneficial owners; and

III - may not be subject to the creation of security by entities qualified as central depositories and shall not be liable for their obligations.

§ 4 The central depository may not dispose of the financial assets and securities received in fiduciary ownership and is obliged to return them to their beneficial owner or, when permitted by the relevant regulation, to their representative, with all rights and encumbrances that have been attributed to them while held in centralized deposit.

Art. 25. The beneficial ownership of financial assets and securities subject to centralized deposit is presumed by the ownership controls maintained by the central depository.

Sole paragraph. The transfer of the financial assets and securities referred to in the

caput

occurs exclusively in accordance with instructions received.

Art. 26. The provisions of art. 63-A of Law No. 10,931, of 2 August 2004, apply to the creation of any liens and encumbrances on financial assets and securities subject to centralized deposit, regardless of the nature of the legal transaction to which they relate.

Art. 26. The creation of liens and encumbrances, including for purposes of publicity and effectiveness against third parties, on financial assets and securities subject to registration or centralized deposit shall be carried out exclusively at the registrar entities or central depositories in which the financial assets and securities are registered or deposited, regardless of the nature of the legal transaction to which they relate. (Text as amended by Provisional Measure No. 775, of 2017)

§ 1 For purposes of creating liens and encumbrances on financial assets and securities that are not registered or deposited at registrar entities or central depositories, the provisions of Law No. 6,015, of 31 December 1973, shall apply, except as provided in specific legislation. (Included by Provisional Measure No. 775, of 2017)

§ 2 The creation of liens and encumbrances referred to in the caput may be carried out on an individualized or universal basis, through identification and grouping mechanisms defined by the registrar entities or central depositories of financial assets and securities. (Included by Provisional Measure No. 775, of 2017)

§ 3 In cases where the law requires a specific instrument or contractual provision for the creation of liens and encumbrances, the instrument must be registered with the registrar entity or central depository, for the purposes provided in the caput.

(Included by Provisional Measure No. 775, of 2017)

§ 4 The Central Bank of Brazil and the Securities Commission shall be responsible, within their respective competences, for establishing the conditions for the creation of liens and encumbrances provided for in this article, by registrar entities or central depositories, including with regard to access to information. (Included by Provisional Measure No. 775, of 2017)

Art. 26. The creation of liens and encumbrances, including for purposes of publicity and effectiveness against third parties, on financial assets and securities subject to registration or centralized deposit shall be carried out exclusively at the registrar entities or central depositories in which the financial assets and securities are registered or deposited, regardless of the nature of the legal transaction to which they relate.

(Text as amended by Law No. 13,476, of 2017)

§ 1 For purposes of creating liens and encumbrances on financial assets and securities that are not registered or deposited at registrar entities or central depositories, the provisions of the respective specific legislation shall apply.

(Included by Law No. 13,476, of 2017)

§ 2 The creation of liens and encumbrances referred to in the

caput

of this article

may be carried out on an individualized or universal basis, through identification and grouping mechanisms defined by the registrar entities or central depositories of financial assets and securities.

(Included by Law No. 13,476, of 2017)

§ 3 In cases where the law requires a specific instrument or contractual provision for the creation of liens and encumbrances, the instrument must be registered with the registrar entity or central depository, for the purposes provided in the

caput

of this article.

(Included by Law No. 13,476, of 2017)

§ 4 The Central Bank of Brazil and the Securities Commission shall be responsible, within their respective competences, for establishing the conditions for the creation of liens and encumbrances provided for in this article by registrar entities or central depositories, including with regard to access to information.

(Included by Law No. 13,476, of 2017)

§ 5 The Central Bank of Brazil shall be responsible, within its legal attributions, for monitoring the credit operations affected by the provisions of this article, with verification of the level of reduction of the average cost of such operations, to be disclosed monthly, in the form of the regulation.

(Included by Law No. 13,476, of 2017)

Art. 26-A. The National Monetary Council shall be responsible for: (Included by Provisional Measure No. 775, of 2017)

I - regulate the requirement for registration or centralized deposit of financial assets and securities by financial institutions and other institutions authorized to operate by the Central Bank of Brazil, including with regard to the creation of liens and encumbrances; and (Included by Provisional Measure No. 775, of 2017)

II - provide for the financial assets and securities that will be considered for the purposes of the registration and centralized deposit referred to in this Law, including with regard to the creation of liens and encumbrances, based on their inclusion in operations within the scope of the National Financial System. (Included by Provisional Measure No. 775, of 2017)

Art. 26-A. The National Monetary Council shall be responsible for:

(Included by Law No. 13.476, of 2017)

I - regulating the requirement for registration or centralized deposit of financial assets and securities by financial institutions and other institutions authorized to operate by the Central Bank of Brazil, including with regard to the creation of liens and encumbrances provided for in art. 26 of this Law; and

(Included by Law No. 13.476, of 2017)

II - providing for the financial assets that will be considered for the purposes of the registration and centralized deposit referred to in this Law, including with regard to the creation of liens and encumbrances referred to in art. 26 of this Law, based on their inclusion in operations within the scope of the national financial system.

(Included by Law No. 13.476, of 2017)

Art. 27. The provisions of art. 41 of Law No. 6.404, of December 15, 1976, shall remain applicable to shares and securities issued under the regime of that Law, and the procedures set forth in this Law shall be observed, where applicable.

Art. 28. The Central Bank of Brazil and the Securities Commission shall also be responsible, within their respective competences:

I - to authorize and supervise the exercise of the activity of registration of financial assets and securities; and

II - to establish the conditions for the exercise of the activity provided for in item I.

Sole paragraph. The registration of financial assets and securities comprises the bookkeeping, storage and disclosure of information concerning financial transactions, except for legal confidentiality.

Sole paragraph. The registration of financial assets and securities comprises the storage and disclosure of information concerning financial transactions, except for legal confidentiality.

(As amended by Law No. 13,986, of 2020

Art. 29. The same penalties, coercive measures and alternative means of dispute resolution provided for in the special legislation applicable to clearinghouses and providers of clearing and settlement services shall apply to entities authorized to carry out the activity of centralized deposit and to entities authorized to carry out the activity of registration of financial assets and securities, and to their administrators and members of fiscal, advisory and similar councils.

Art. 29. Infringement of the legal and regulatory rules governing the activities of centralized deposit and registration of financial assets and securities shall subject the entities authorized to carry out these activities, their administrators and members of fiscal, advisory and similar councils to the penalties and coercive measures and alternative means of dispute resolution provided for: (Redação dada pela Medida Provisória nº 784, de 2017)

Vigência encerrada

I - in Provisional Measure No. 784, of June 7, 2017, applicable by the Central Bank of Brazil; and (Included by Provisional Measure No. 784, of 2017)

Vigência encerrada

II - in Law No. 6.385, of December 7, 1976, applicable by the Securities Commission. (Included by Provisional Measure No. 784, of 2017)

Vigência encerrada

Art. 29. The same penalties, coercive measures and alternative means of dispute resolution provided for in the special legislation applicable to clearinghouses and providers of clearing and settlement services shall apply to entities authorized to carry out the activity of centralized deposit and to entities authorized to carry out the activity of registration of financial assets and securities, and to their administrators and members of fiscal, advisory and similar councils.

Art. 29. Infringement of the legal and regulatory rules governing the activities of centralized deposit and registration of financial assets and securities shall subject the entities authorized to carry out these activities, their administrators and members of fiscal, advisory and similar councils to the provisions of Law No. 6.385, of December 7, 1976, applicable by the Securities Commission, and to other legal provisions. (As amended by Law No. 13,506, of 2017)

Art. 30. Paragraph 2 of art. 34 of Law No. 6.404, of December 15, 1976, shall come into force with the following wording:

“Art. 34. ........................................................................

..............................................................................................

§ 2º Only financial institutions authorized by the Securities Commission may maintain bookkeeping services for shares and other securities.

....................................................................................” (NR)

Art. 31. The

caput

of art. 24 of Law No. 6.385, of December 7, 1976, shall come into force with the following wording:

(Revoked by Provisional Measure No. 1.103, of 2022)

(Revoked by Law No. 14.430, of 2022)

“Art. 24. The Commission shall be responsible for authorizing the activity of custody of securities, the exercise of which shall be exclusive to financial institutions, clearing entities and entities authorized, in the form of the law, to provide centralized deposit services.

....................................................................................” (NR)

Art. 32. Art. 167 of Law No. 6.015, of December 31, 1973, shall come into force with the following amendment:

(Revoked by Provisional Measure No. 1.085, of 2021)

(Repealed by Law No. 14,382, of 2022)

“Art. 167. ......................................................................

..............................................................................................

II - ..................................................................................

..............................................................................................

30. of debt subrogation, of the respective fiduciary or mortgage guarantee and of the amendment of the contractual conditions, in the name of the creditor who assumes such condition in the manner provided for in art. 31 of Law No. 9,514 of November 20, 1997, or art. 347 of Law No. 10,406 of January 10, 2002 - Civil Code, carried out in a single act, upon request by the interested party accompanied by supporting documentation signed by the original creditor and the borrower.” (NR)

Art. 33. Art. 31 of Law No. 9,514 of November 20, 1997, shall be amended to include the following sole paragraph:

“Art. 31. ........................................................................

Sole paragraph. In cases of transfer of financing to another financial institution, payment of the debt to the original creditor institution may be made, for the benefit of the borrower, by the new creditor institution.” (NR)

Art. 34. Law No. 9,514 of December 20, 1997, shall be amended to include the following Chapter II-A:

“CHAPTER II-A

ON REFINANCING WITH

TRANSFER OF CREDITOR

Art. 33-A. The transfer of a real estate financing debt secured by collateral from one creditor to another, including in the form of subrogation, obliges the original creditor to issue a document certifying, for all legal purposes, including for the purpose of registration, the validity of the transfer.

Sole paragraph. The document shall be issued within a maximum period of 2 (two) business days after settlement of the original debt.

Art. 33-B. For the purpose of implementing the provisions of art. 33-A, the new creditor institution shall inform the original creditor institution, by written document or, upon request, electronic document, of the financing conditions offered to the borrower, including the following:

I - the interest rate of the financing;

II - the total effective cost;

III - the term of the operation;

IV - the payment system used; and

V - the amount of the installments.

§ 1º The original creditor institution shall have a maximum period of 5 (five) business days, counted from receipt of the information referred to in the

caput

, to request the institution proposing the transfer to send the resources necessary to effect the transfer.

§ 2º The borrower of the original creditor institution may, at any time, while the request for sending the resources necessary to effect the transfer referred to in § 1º has not been forwarded, decide not to proceed with the transfer, and the charging of any type of burden or cost by the institutions involved is prohibited.

§ 3º Any withdrawal by the borrower shall be informed to the original creditor institution, which shall have up to 2 (two) business days to forward it to the institution proposing the transfer.

Art. 33-C. The original creditor shall provide third parties, whenever formally requested by the borrower, with the information on the credit that may be necessary to enable the transfer referred to in art. 33-A.

Sole paragraph. The original creditor may not take actions that prevent, limit or hinder the provision of the information requested in the manner of the

caput

.

Art. 33-D. The original creditor institution may require financial reimbursement for the origination cost of the credit operation, which may not be passed on to the borrower.

§ 1º The reimbursement provided for in the

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shall be proportional to the amount of the outstanding balance determined at the time of the transfer and shall decrease with the passage of time since the signing of the contract, with its settlement being the responsibility of the institution proposing the transfer.

§ 2º The National Monetary Council shall regulate the provisions of this article, and may even limit the reimbursement considering the type of credit operation or the time elapsed since the signing of the credit contract with the original creditor institution until the moment of the transfer.

Art. 33-E. The National Monetary Council and the Supervisory Board of the Length-of-Service Guarantee Fund, within the scope of their respective competences, shall issue the instructions necessary for the execution of the provisions of the sole paragraph of art. 31 and arts. 33-A to 33-D of this Law.

Art. 33-F. The provisions of arts. 33-A to 33-E of this Law do not apply to debt transfer operations resulting from the assignment of credit between entities that make up the Housing Finance System, provided that said transfer does not depend on the borrower's manifestation.”

Art. 35. This Law shall enter into force on the date of its publication.

Art. 36. §§ 1º and 3º of art. 1º and art. 3 of Law No. 11,828 of November 20, 2008, are hereby repealed.

Art. 37. The sole paragraph of art. 293 of Law No. 6,404 of December 15, 1976, is hereby repealed.

Art. 38. § 3º of art. 25 of Law No. 9,514 of November 20, 1997, and art. 6 of Law No. 12,703 of August 7, 2012, are hereby repealed.

Brasília, May 15, 2013; 192nd of Independence and 125th of the Republic.

DILMA ROUSSEFF

Guido Mantega

This text does not replace the one published in the D.O.U. of 16.5.2013.

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