Normative Instruction BCB No. 167 of October 8, 2021

NORMATIVE INSTRUCTION BCB NO. 167, OF OCTOBER 8, 2021

Amends Normative Instruction BCB No. 123, of 2021, to establish new deadlines for the transmission of documents 9800 and 9805 and to enable the sending of documents without values.

The Head of the Institutional Service Department, using the powers conferred upon him by Art. 23, item I, letter "a", and Art. 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 Art. 6 of BCB Resolution No. 98, of June 1, 2021,

R E S O L V E:

Art. 1. Normative Instruction BCB No. 123, of July 8, 2021, shall enter into force with the following amendments:

"Art. 2. ............................................................................................................

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§ 2. The first transmission of the documents mentioned in items I and II of the main text shall take into account the following base dates:

I - document 9800, in relation to the items of Art. 3 of BCB Resolution No. 98, of 2021, as follows:

a) I, VI and VII: September 2021;

b) IV and V, specifically regarding information on amounts to be returned provided for in Commitment Terms entered into with the BCB, as provided for in BCB Resolution No. 131, of August 20, 2021, whether valid or not, regarding the improper charging of fees and installments or obligations related to credit operations: September 2021; and

c) IV and V, regarding information on amounts to be returned not provided for in Commitment Terms entered into with the BCB, as provided for in BCB Resolution No. 131, of 2021, regarding the improper charging of fees and installments or obligations related to credit operations: February 2022.

II - document 9805, in relation to the items of Art. 3 of BCB Resolution No. 98, of 2021, as follows:

a) I, VI and VII: October 2021;

b) IV and V, specifically regarding information on amounts returned provided for in Commitment Terms entered into with the BCB, as provided for in BCB Resolution No. 131, of 2021, whether valid or not, regarding the improper charging of fees and installments or obligations related to credit operations: October 2021; and

c) IV and V, regarding information on amounts returned not provided for in Commitment Terms entered into with the BCB, as provided for in BCB Resolution No. 131, of 2021, regarding the improper charging of fees and installments or obligations related to credit operations: March 2022.

§ 3. The institutions mentioned in Art. 1, item I, who wish to provide information regarding items I, letter "c", and II, letter "c", of § 2 of this article, may send them starting from the base dates specified in items I, letter "b", and II, letter "b", of § 2 of this article, respectively.

§ 4. The following are exempt from sending:

I - documents 9800 and 9805, institutions in extrajudicial liquidation or intervention, from the date of the decree of the special regime;

II - document 9800:

a) consortium administrators, regarding the amounts to be returned as provided for in Art. 3, item VII, of BCB Resolution No. 98, of 2021; and

b) institutions that do not present amounts to be returned on the base date; and

III - document 9805, institutions that do not present amounts returned on the base date.

§ 5. In the case of § 4, items II, letter "b", and III, of this article, the institutions mentioned in Art. 1, item I, must adopt one of the following measures:

I - register the reason for the exemption, informing the "Start Base Date" in the "Document" menu, option "Exemption", of the Document Transmission Control System (CRD), available for access on the Central Bank of Brazil website at https://www.bcb.gov.br/estabilidadefinanceira/controledocumentosif; or

II - send documents 9800 and 9805 without values, with the exclusive marking for this case.

§ 6. The institutions mentioned in Art. 1, item I, from the date they cease to fall under any of the exemption hypotheses provided for in § 4, items II, letter "b", and III, of this article, must:

I - register the "End Base Date" in the "Document" menu, option "Exemption" of the CRD and begin the transmission of the respective document, if they opted for the registration of the exemption in the CRD; or

II - begin the transmission of the documents without the exclusive marking." (NR)

Art. 2. Annex II of Normative Instruction BCB No. 123, of 2021, shall enter into force with the following amendment:

"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 Art. 4, items I, II and III, of this Annex, to effect the return of values.

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Art. 3. This Normative Instruction enters into force on the date of its publication.

Carlos Eduardo Rodrigues da Cunha Gomes