Normative Instruction BCB No. 123 — Establishes procedures for transmitting information for the Receivable Values Information System (SVR) regarding values to be returned and returned values to individuals and legal entities; and provides for optional adherence to conditions for consensual return of values

Normative Instruction
BCB No. 123, of July 8, 2021

Establishes procedures for the transmission of information that makes up the Receivable Values Information System (SVR), regarding values to be returned to individuals and legal entities; and provides for optional adherence to the conditions for consensual return of values.

The Acting Head of the Institutional Service Department, in the exercise of the powers conferred upon him by Articles 23, item I, letter "a", and 120, item IV, of the Internal Regulations of the Central Bank of Brazil, annexed to Ordinance No. 84,287, of February 27, 2015, based on Article 6 of Resolution BCB No. 98, of June 1, 2021,

R E S O L V E S:

Art. 1 This Normative Instruction provides for:

I - the procedures for the transmission, by financial institutions and other institutions authorized to operate by the Central Bank of Brazil, of information that makes up the Receivable Values Information System (SVR) regarding:

a) values to be returned as set forth in
Article 3, items I, II,
III, IV, V, VI, VII and VIII, of Resolution BCB No. 98, of June 1, 2021; and (Amended by Normative Instruction BCB No. 336, of 12/08/2022.)

b) the return of the values mentioned in letter "a" of this item to individuals and legal entities, taking into account the provisions of Article 4, item II, of Resolution BCB No. 98, of 2021; and

II - the optional adherence, by the institutions mentioned in item I of this article, to the conditions for consensual return of the values to be returned.

Art. 2 The institutions mentioned in Article 1, item I, must transmit, at the monthly frequency established in
Article 4 of Resolution BCB No. 98, of 2021, the following documents:

I - document 9800, which must include, at a minimum, the following itemized information on values to be returned:

a) registration number in the Individual Taxpayer Registry (CPF) or in the National Registry of Legal Entities (CNPJ) of the individual or legal entity beneficiary of the value to be returned;

b) value to be returned available on the reference date;

c) origin of the value to be returned, according to Article 3, items I, II, III, IV, V, VI and VIII, of Resolution BCB No.
98, of 2021; and (Amended by
Normative Instruction BCB No. 336, of 12/08/2022.)

d) additional information necessary to characterize the value to be returned; and

II - document 9805, which must include aggregated information on returned values on the reference date, classified by:

a) type of creditor, individual or legal entity;

b) origin of the value, according to Article 3 of items I, II, III, IV, V, VI, VII and VIII, of Resolution BCB No. 98, of 2021; and (Amended by Normative Instruction BCB No. 336, of 12/08/2022.)

c) payment method.

§ 1 The format and layout of the documents referred to in items I and II of the main text must observe the parameters described in Annex I of this Normative Instruction.

§ 2 The first transmission of the documents mentioned in items I and II of the main text will take into account the following reference dates: (Amended by Normative Instruction BCB No. 167, of 10/08/2021.)

I - document 9800, regarding the items of Article 3 of Resolution BCB No. 98, of 2021, as follows: (Amended by Normative Instruction BCB No. 167, of 10/08/2021.)

a) I, VI and VII: September 2021; (Added by
Normative Instruction BCB No. 167, of 10/08/2021.)

b)
IV and V, specifically regarding information on values to be returned provided for in Commitment Terms entered into with the Central Bank of Brazil, which is governed by Resolution BCB No. 131, of August 20, 2021, whether in force or not, regarding the improper charging of fees and installments or obligations related to credit operations: September 2021; (Amended by Normative Instruction BCB No. 336, of 12/08/2022.)

c)
IV and V, regarding information on values to be returned not provided for in Commitment Terms entered into with the Central Bank of Brazil, which is governed by Resolution BCB No. 131, of 2021, regarding the improper charging of fees and installments or obligations related to credit operations: February 2022; and (Amended by Normative Instruction BCB No. 336, of 12/08/2022.)

d)
II, III and VIII: December
2022. (Added by Normative Instruction BCB No. 336, of 12/08/2022.)

II - document 9805, regarding the items of Article 3 of Resolution BCB No. 98, of 2021, as follows: (Amended by Normative Instruction BCB No. 167, of 10/08/2021.)

a) I, VI and VII: October 2021; (Added by
Normative Instruction BCB No. 167, of 10/08/2021.)

b)
IV and V, specifically regarding information on returned values provided for in Commitment Terms entered into with the Central Bank of Brazil, which is governed by Resolution BCB No. 131, of 2021, whether in force or not, regarding the improper charging of fees and installments or obligations related to credit operations: October 2021; (Amended by Normative Instruction BCB No. 336, of 12/08/2022.)

c)
IV and V, regarding information on returned values not provided for in Commitment Terms entered into with the Central Bank of Brazil, which is governed by Resolution BCB No. 131, of 2021, regarding the improper charging of fees and installments or obligations related to credit operations: March 2022; and (Amended by Normative Instruction BCB No. 336, of 12/08/2022.)

d)
II, III and VIII: January
2023. (Added by Normative Instruction BCB No. 336, of 12/08/2022.)

§ 3 The institutions mentioned in Article 1, item I, who wish to provide the information regarding items I, letter "c", and II, letter "c", of § 2 of this article, may send them from the reference dates specified in items I, letter "b" and II, letter "b", of § 2 of this article, respectively. (Amended by Normative Instruction BCB No. 167, of 10/08/2021.)

§ 4 The following are exempt from submission: (Amended by Normative Instruction BCB No. 167, of 10/08/2021.)

I - of documents 9800 and 9805, institutions in extrajudicial liquidation or intervention, from the date of declaration of the special regime; (Added by Normative Instruction BCB No. 167, of 10/08/2021.)

II - of document 9800: (Added by Normative Instruction BCB No. 167, of 10/08/2021.)

a) consortium administrators, regarding the values to be returned as set forth in Article 3, item VII, of Resolution BCB No. 98, of 2021; and (Added by Normative Instruction BCB No. 167, of 10/08/2021.)

b) institutions that do not present values to be returned on the reference date; and (Added by Normative Instruction BCB No. 167, of 10/08/2021.)

III - of document 9805, institutions that do not present returned values on the reference date. (Added by Normative Instruction BCB No. 167, of 10/08/2021.)

§ 5 In the case of items II, letter "b", and III, of § 4 of this article, the institutions mentioned in Article 1, item I, must adopt one of the following measures:
(Amended by Normative Instruction BCB No. 167, of 10/08/2021.)

I - register the reason for the exemption, informing the "Start Reference Date" in the "Document" menu, "Exemption" option, of the Document Transmission Control System (CRD), available for access on the Central Bank of Brazil's internet page, at the address https://www.bcb.gov.br/estabilidadefinanceira/controledocumentosif; or (Amended by Normative Instruction BCB No. 167, of 10/08/2021.)

II - send documents 9800 and 9805 without values, with the exclusive marking for this case. (Amended by Normative Instruction BCB No. 167, of 10/08/2021.)

§ 6 The institutions mentioned in Article 1, item I, from the date they cease to fall under any of the exemption scenarios provided for in § 4, items II, letter "b", and III, of this article, must: (Added by Normative Instruction BCB No. 167, of 10/08/2021.)

I - register the "End Reference Date" in the
"Document" menu, "Exemption" option of the CRD and start the transmission of the respective document, if they opted for registering the exemption in the CRD; or (Added by Normative Instruction BCB No. 167, of 10/08/2021.)

II - start the transmission of the documents without the exclusive marking. (Added by Normative Instruction BCB No. 167, of 10/08/2021.)

Art. 3 The institutions mentioned in Article 1, item I, must indicate:

I - the customer service channels for receiving requests for information and complaints, formulated by individuals and legal entities, regarding requests for return or other issues related to receivable values; and

II - contact data, including phone and email, of the employee responsible for providing the Central Bank of Brazil with clarifications regarding the information provided in accordance with this Normative Instruction.

Sole paragraph. The indications mentioned in the main text must be registered in the Information System on Entities of Interest of the Central Bank (Unicad), governed by Circular No. 3,165, of December 4, 2002.

Art. 4 The institutions mentioned in Article 1, item I, may adhere, by signing an Adhesion Term, to the conditions set forth in Annex II of this Normative Instruction, to receive data from individuals and legal entities who are users of the SVR, for the exclusive purpose of facilitating the return process, observed the provisions of Article 2, § 2, of Resolution BCB No. 98, of 2021.

Sole paragraph. The adherence to the conditions set forth in Annex II of this Normative Instruction will occur through registration in the "Occurrences – Inclusion – Control – Compliance – Acceptance of SVR Adhesion Term" module of Unicad.

Art. 5 This Normative Instruction enters into force on October 1, 2021.

Eduardo Victor Pontes Carneiro

ANNEX I

Parameters for documents 9800 and 9805

General parameters for documents 9800 and 9805

Responsible Unit for the Custodian: Institutional Service Department (Deati).

Transmission method: electronic means.

Transmission frequency: monthly.

Deadline for transmission: until the last business day of the month following the reference date.

Reference date: last business day of each month.

System for transmission: File Transfer System (STA), in the form of Circular-Letter No. 3,588, of March 19, 2013, available on the Central Bank of Brazil's internet page, at the electronic address https://sta.bcb.gov.br/sta/.

Format for transmission: XML (eXtensible Markup Language).

Validation of Transmission: advance.

Transmission Validation Schema: XSD (XML Schema Definition).

Additional Elements for Transmission: layout, in XML format; XSD validation schemas; example files; and filling instructions, available on the Central Bank of Brazil's internet page, at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd;

Responsible Director for preparation and transmission: indicated in accordance with the provisions of Article 5 of Resolution BCB No. 98, of June 1, 2021.

Responsible Director Registration: in the "Links – Inclusion – Responsible Director for area of expertise" module of Unicad.

Registration of the responsible employee to answer questions from the Central Bank of Brazil: in the "Links – Inclusion – Responsible for Sending Information" module of Unicad. The phone and email contact data must be included in the "Basic Data" of the responsible employee.

Electronic address for resolving doubts about transmission and filling out the document: valoresareceber@bcb.gov.br

Specific parameters for Document 9800

Document Code: 9800.

Document Name: Information regarding values to be returned to individuals and legal entities.

Specific parameters for Document 9805

Document Code: 9805.

Document Name: Aggregated information regarding returned values to individuals and legal entities.

ANNEX II

Conditions for optional adherence to the consensual return process within the scope of the Receivable Values Information System (SVR)

Art. 1 Financial institutions and other institutions authorized to operate by the Central Bank of Brazil may optionally adhere to the conditions set forth in this Annex with the exclusive objective of facilitating the consensual return process of values to individuals and legal entities.

Sole paragraph. Adhering institutions are those that formalize acceptance of the conditions set forth in this Annex by signing an Adhesion Term in the form of Article 8 of this Annex.

Art. 2 The Central Bank of
Brazil will make available to adhering institutions the Pix keys selected by users in the Receivable Values Information System (SVR), for the exclusive purpose of facilitating the return of values belonging to these users. (Amended by Normative Instruction BCB No. 336, of 12/08/2022.)

§ 1 In the case of adhering institutions that are indirect participants of the Instant Payment System (SPI), the Central Bank of Brazil will forward the following attributes of the Pix keys selected by users in the SVR: (Amended by Normative Instruction BCB No. 336, of 12/08/2022.)

I - Pix participating institution;

II - branch number;

III - transaction account number; and

IV - transaction account type.

§ 2 The availability of the data referred to in the main text and in § 1 of this article to adhering institutions is conditioned:

I - to the prior consent of the user who is the owner of the data, to be registered expressly in the SVR;

II - to the request of the user who is the owner of the data for the return of values;

III - to the commitment of the adhering institution to treat the received data for the exclusive purpose of promoting the return of values to SVR users; and

IV - to compliance with the conditions set forth in this Annex by the adhering institution.

Art. 3 The Central Bank of
Brazil will make available to adhering institutions contact data indicated by users in the SVR, observed the provisions of Article 2, § 2, of this Annex, provided that the user has selected, in the SVR, one of their Pix keys. (Amended by Normative Instruction BCB No. 336, of 12/08/2022.)

On the transmission of a file by the Central Bank of Brazil to adhering institutions

Art. 4 The Central Bank of
Brazil will send to adhering institutions, daily, on the business day following the date of the request for return of values, through the File Transfer System – STA, document 9810, containing, at least, the following information:

I - numbers of the return request protocols generated in the SVR;

II - identifiers of the return records in the SVR;

III - data mentioned in Article 2 of this Annex; and

IV - data mentioned in Article 3 of this Annex.

Sole paragraph. The transmission of the document referred to in the main text will begin within 5 (five) business days, counted from the date of signing the Adhesion Term in the form of Article 8 of this Annex.

On the return process

Art. 5 Adhering institutions have up to 10 (ten) business days, counted from the first business day following the receipt of the information referred to in Article 4, items I, II and III, of this Annex, to effect the return of values.

Art. 5º Adherent institutions have up to 12 (twelve) business days, counted from the date of the value return request in the SVR, to effect the return of values. (Amended by Instruction Normative BCB No. 336, of 12/8/2022.)

§ 1º The period mentioned in the main text applies only to cases where the user makes the value return request in accordance with Art. 2º, § 2º, item II, of this Annex.

§ 2º The return of the values referred to in the main text may be carried out by any electronic payment means, provided that the credit occurs in the transactional account in which the Pix key indicated by the user in the SVR is registered.

Art. 6º Adherent institutions must use the data mentioned in Art. 3º of this Annex exclusively for:

I - ensuring the identity of users and the power of representation of users, legal entities, as provided in Art. 7º, § 1º, of this Annex; or

II - agreeing on the means and period for the effective return, informing the user of the necessary procedures for payment, in cases where the return cannot be carried out via credit to the transactional account to which the Pix key is linked. (Amended by Instruction Normative BCB No. 336, of 12/8/2022.)

a) the user does not have a Pix key registered in an institution participating in Pix;

b) the user does not authorize the sending of the Pix key and, in the case of Art. 2º, § 1º, of this Annex, the respective attributes; or

c) the return cannot be carried out via credit to the transactional account to which the Pix key is linked.

On Responsibility for the Return

Art. 7º The return of values in the manner established in this Annex is the exclusive responsibility of the adherent institutions.

§ 1º Adherent institutions may request additional information from natural and legal persons to ensure the identity of the user and the power of representation, if applicable.

§ 2º The final decision on the return of values rests exclusively with the adherent institutions.

On Adherence

Art. 8º For the purposes of the provision in Art. 1º, sole paragraph, of this Annex, the institution must register in the "Occurrences – Inclusion – Control – Compliance – Acceptance of SVR adherence term" module of the Information System on Entities of Interest of the Central Bank (Unicad), governed by Circular No. 3.165, of December 4, 2002.

Sole paragraph. The registration referred to in the main text implies adherence to the conditions set forth in this Annex.

On Exclusion from Adherence

Art. 9º The adherent institution may request, in Unicad, at any time, the exclusion of the registration of adherence carried out in accordance with Art. 8º of this Annex.

§ 1º The exclusion referred to in the main text cannot be made retroactive and will take effect within up to 5 (five) business days, counted from the date of the request. (Amended by Instruction Normative BCB No. 336, of 12/8/2022.)

§ 2º During the processing period for the exclusion referred to in the main text, return requests made by the SVR user must be attended to in accordance with Art. 5º of this Annex.