NORMATIVE INSTRUCTION BCB NO. 180, OF OCTOBER 25, 2021

Consolidates the procedures for verifying the eligibility criteria for guarantees linked to the Temporary Special Liquidity Line via issuance of Financial Letters with guarantees in financial assets (LTEL-LFG), regarding events under the competence of the Department of Financial System Monitoring (Desig), for the update of financial assets and for the request for dissolution of liens on these financial assets, as provided for in Resolution BCB No. 144, of September 24, 2021.

The Head of the Department of Financial System Monitoring (Desig), in the exercise of the authority conferred by art. 23, item I, letter “a”, of the Internal Regulations of the Central Bank of Brazil, annexed to Ordinance No. 84.287, of February 27, 2015, based on art. 77, item III, and in view of the provisions of Resolution CMN No. 4.571, of May 26, 2017, Circular No. 3.870, of December 19, 2017, Resolution BCB No. 144, of September 24, 2021, and Circular Letter No. 3.869, of March 19, 2018,

RESOLVES:

Art. 1º The financial institutions referred to in art. 2º of Resolution BCB No. 144, of September 24, 2021, that adhere to the contractual conditions and operational procedures established by the Central Bank of Brazil for the formalization of the issuance of the Financial Letter and mobilization of the guarantee financial assets under the auspices of the aforementioned Resolution, and the entities authorized to exercise the activities of centralized deposit or registration of financial assets must follow the guidelines contained in this Normative Instruction.

CHAPTER I

OF THE ELIGIBILITY CRITERIA FOR GUARANTEES LINKED TO THE TEMPORARY SPECIAL LIQUIDITY LINE

Art. 2º Only credit operations, leasing operations, and other operations with characteristics of credit granting, which comply with the provisions of Resolution BCB No. 144, of 2021, whose information has been sent to the Central Bank of Brazil through document 3040 - Credit Risk Data, and have been processed and incorporated into the database of the Credit Information System (SCR), may be subject to linkage for the constitution of guarantees for the purpose of issuing Guaranteed Financial Letters (LFG).

§ 1º The linkage referred to in the caput must be carried out by the financial institution that will issue the LFG.

§ 2º For the purposes of the linkage referred to in the caput, the operations contained in Document 3040 - Credit Risk Data referring to the base date immediately preceding the date of linkage of the financial assets will be considered.

§ 3º If the document referred to in the previous paragraph has not yet been sent and the financial institution is within the deadline established in item XVIII of art. 12 of Resolution BCB No. 144, of 2021, the operations contained in document 3040 sent on the immediately preceding base date will be considered.

Art. 3º For the calculation of the information referred to in this Normative Instruction, the information contained in the SCR Layouts, available on the Central Bank of Brazil website at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/scr, item "For financial institutions", subitem "Preparation and sending of documents", must be observed, as follows:

I - for articles 4º, 6º, 7º and 9º: Layout of document 3040; and

II - for articles 5º and 8º: Layout of file 3046 - Client Position in SCR.

Art. 4º Financial assets registered and falling into at least one of the following situations will not be accepted as collateral for the LTEL-LFG under the terms of art. 12 of Resolution BCB No. 144, of 2021:

I - operations with a revolving credit characteristic: “Annex 3: Operation Modality” - domains 0101, 0204, 0213, 0214, 0218 and 1304;

II - operations considered problematic assets under the terms of art. 24 of Resolution No. 4.557, of February 23, 2017: “Annex 1: Maturity Code” - domain greater than or equal to 240 and “Annex 8: Special Characteristic” - domains 11 and 19;

III - recovered loss operations: “Annex 8: Special Characteristic” - domain 2;

IV - renegotiated operations of the Special Program for Asset Sanitation (Pesa), under the terms of Resolution No. 2.471, of February 26, 1998: “Annex 8: Special Characteristic” - domain 3;

V - renegotiated operations under the Program for Revitalization of Agricultural Production Cooperatives (Recoop): “Annex 8: Special Characteristic” - domain 4;

VI - operations under judicial collection or whose issuer is in judicial reorganization: “Annex 8: Special Characteristic” - domain 9 and operations whose clients have been registered by the financial institution in the SCR Management Panel in Judicial Reorganization not yet closed, according to the “Manual of Legal and Administrative Restrictions”, available on the Central Bank of Brazil website at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/scr, item "For financial institutions", subitem "Preparation and sending of documents";

VII - operations that do not have payments scheduled in the next 6 (six) months: difference between the date of the next installment due (field “DtaProxParcela”), from the “Basic Operation Information”, and the last day of the month to which document 3040 refers, greater than 6 months. For operations of modalities where the information of the date of the next installment due (field “DtaProxParcela”) is not mandatory and is not informed, the grace period will be verified by the non-existence of value information in domains 110 to 140 of “Annex 1: Maturity Codes”;

VIII - operations that have values to be released: “Annex 1: Maturity Codes” - existence of balance in domains 60 and 80;

IX - operations ceded by the institution in negotiation with retention of substantial risk and benefits: “Annex 2: Nature of the Operation” - different from domains 01 to 03;

X - operations linked to interbank transfers from the National Bank for Economic and Social Development (BNDES), the Special Agency for Industrial Financing (Finame), constitutional funds, state or district funds, or special funds or programs of the Federal Government, and operations linked to transfers of any kind from abroad and financing granted under the auspices of resources controlled by rural credit: “Annex 4 - Source of Resources” - different from domains 0199, 0208, 0209, 0213 and 0299;

XI - operations considered non-maturing by force of normative act: “Annex 8: Special Characteristic” - domain 5;

XII - operations with postponed maturity date by force of normative act: “Annex 8: Special Characteristic” - domain 6;

XIII - operations with payment deferred by an official body or program awaiting release of resources: “Annex 8: Special Characteristic” - domain 7;

XIV - operations linked under the terms of Resolution No. 2.921, of January 17, 2002: “Annex 8: Special Characteristic” - domain 10;

XV - operations whose debtors do not have a valid registration in the Individual Taxpayer Registry (CPF) or in the National Registry of Legal Entities (CNPJ): according to consultation in the registries of the Brazilian Federal Revenue Service;

XVI - foreign exchange contract advance operations: “Annex 3: Operation Modality” - domains 0502 and 0503;

XVII - operations with related parties, under the terms of art. 2º of Resolution No. 4.693, of October 29, 2018, except for the hypotheses provided for in art. 8º of that Resolution: “Annex 8: Special Characteristic” - domain 20;

§ 1º The provisions of item XVII do not apply to the operations referred to in § 4º of art. 5º of Resolution BCB No. 144, of 2021.

§ 2º Additionally, the institution must observe the provisions of items XVI and XVIII of art. 12 of Resolution BCB No. 144, of 2021.

Art. 5º The financial institution must consider the following parameters for the purpose of calculating the non-compliance index (ID) in the SCR referred to in art. 13 of Resolution BCB No. 144, of 2021:

I - CB48 = credits written off as loss up to 48 months: “Annex 3: Operation Modalities” - domains 1 to 13 and “Annex 1: Maturity Code” - domains 310 and 320;

II - CA = active portfolio: modalities 1 to 13 of Annex 3: “Annex 3: Operation Modalities” - domains 1 to 13 and “Annex 1: Maturity Code” - domains 110 to 290.

Art. 6º In the calculation of the value of financial assets provided for in art. 14 and art. 21 of Resolution BCB No. 144, of 2021:

I - for the purposes of the provisions of art. 14 referred to in the caput, the financial institution must consider domains 1 to 13 of “Annex 3: Operation Modality” and domains 130 to 190 of “Annex 1: Maturity Code”;

II - for the purposes of the sole paragraph of art. 14 referred to in the caput, in the calculation of the 25% limit for financial assets from the same issuer or debtor, the financial institution must consider the total active portfolio, calculated from domains 110 to 290 of “Annex 1: Maturity Code”, and prior to the application of the weighting factors provided for in art. 8º of Resolution BCB No. 144, of 2021;

III - for the purposes of the provisions of § 2º of art. 21 referred to in the caput, in the calculation of the 5% parameter for financial assets from the same issuer or debtor, the financial institution must consider the total active portfolio, calculated from domains 110 to 290 of “Annex 1: Maturity Code”, and prior to the application of the weighting factors provided for in art. 8º of Resolution BCB No. 144, of 2021.

§ 1º The provisions of item I of the caput apply in the case of linkage for the constitution of guarantees for interbank transfers carried out by cooperative banks, within the National Cooperative Credit System, as provided for in § 4º of art. 5º of Resolution BCB No. 144, of 2021, also considering domain 1401 of “Annex 3: Operation Modalities”.

§ 2º For the purpose of complying with the limit referred to in the sole paragraph of art. 14 of Resolution BCB No. 144, of 2021, the financial institution must:

I - calculate the sum of the value of the active portfolio of financial assets offered as collateral for the same debtor or issuer;

II - divide the value calculated, according to item I, by the total active portfolio of financial assets offered as collateral;

III - if the percentage calculated in item II exceeds 25%, proportionally reduce the value of each financial asset from the same debtor or issuer, until the percentage is equal to or less than the limit.

Art. 7º The sum of the provision constituted, reported in the field Constituted Provision (ProvConsttd), from the “Basic Operation Information”, must be deducted from the values calculated in item I of art. 6º of this Normative Instruction, for the purposes of the provisions of § 1º of art. 8º of Resolution BCB No. 144, of 2021.

Art. 8º For the identification of the client who has operations contracted with other financial institutions referred to in art. 8º of Resolution BCB No. 144, of 2021, the financial institution must observe the quantity of financial institutions (QtdIf), reported in file 3046 - Client Position in SCR.

Sole paragraph. In the evaluation referred to in the caput, the financial institution must consider the operations reported in domains 1 to 13 and 15, except domains 1511 and 1512, of “Annex 3: Operation Modality”.

Art. 9º For the identification of credit operations with payroll deduction from the public sector, referred to in art. 8º of Resolution BCB No. 144, of 2021, the following parameters must be taken into account:

I - “Annex 3: Operation Modality” - domain 0202; and

II - “Annex 26: Additional Information” - domain 1501.

CHAPTER II

OF THE GUIDELINES TO ENTITIES AUTHORIZED TO EXERCISE THE ACTIVITIES OF CENTRALIZED DEPOSIT OR REGISTRATION OF FINANCIAL ASSETS

Art. 10. The central depository or the registration entity must send monthly, until the 10th business day of the following month, information relating to the entire set of financial assets comprising the basket of guarantees linked to the set of Financial Letters issued by each of the financial institutions, under the auspices of the LTEL-LFG, through file AMCTP331, for information relating to:

I - credit operations;

II - leasing operations;

III - other operations with characteristics of credit granting;

Sole paragraph. The file referred to in the caput must be sent to the Central Bank of Brazil through the File Transfer System (STA), in the form of Circular Letter No. 3.588, of March 18, 2013, available on the Central Bank of Brazil website on the Internet, at the address https://sta.bcb.gov.br/sta/.

Art. 11. The central depository or the registration entity must send the information relating to the constitution of liens on the assets used as collateral for the issuance of LFG, as well as the financial assets that are included or altered, on the first business day following their occurrence, through the file specified in art. 10.

CHAPTER III

OF THE COMMUNICATIONS TO THE DEPARTMENT OF FINANCIAL SYSTEM MONITORING (DESIG)

Art. 12. Communications to the Department of Financial System Monitoring (Desig) must be carried out through the use of the models contained in the annex to this Normative Instruction and sent through the BC Correio application, available for access on the Central Bank website on the Internet, at the electronic address https://www.bcb.gov.br/acessoinformacao/bccorreio.

Art. 13. For the communication of the pre-positioning of guarantee assets, through the constitution of liens on financial assets registered in a registration entity or deposited in a central depository, referred to in art. 9º of Resolution BCB No. 144, of 2021, model 1 available in the Annex to this Normative Instruction must be used.

Art. 14. For the communication of the occurrence of insufficiency of financial assets to guarantee the Guaranteed Financial Letters (LFG) issued, referred to in the caput of art. 28 of Resolution BCB No. 144, of 2021, model 2 available in the Annex to this Normative Instruction must be used.

Art. 15. For the communication of the recomposition of financial assets to guarantee the issued LFGs, referred to in item I of the sole paragraph of art. 28 of Resolution BCB No. 144, of 2021, model 3 available in the Annex to this Normative Instruction must be used.

CHAPTER IV

OF THE UPDATE OF DATA RELATING TO FINANCIAL ASSETS AND OF THE REQUEST FOR DISSOLUTION OF LIENS ON THESE

Art. 16. The update of data relating to financial assets referred to in art. 21 of Resolution BCB No. 144, of 2021, must be carried out:

I - within 2 (two) business days, counted from the moment of identification of the alteration that may imply a modification of classification relating to debtors whose operations represent more than 5% (five percent) of the financial assets offered as collateral, according to the alteration procedure of the file provided for by the registrar;

II - monthly, with reference to the last day of the month, until the 9th business day of the following month, updating all characteristics and respective values of the financial assets referred to in items I, II and III of art. 7º of Resolution BCB No. 144, of 2021, through the constitution of a new file that consolidates all existing files in the registrar until the day prior to the date of update.

§ 1º Exclusively on the date on which the file referred to in item II is constituted, if it is necessary to carry out updates referred to in item I, these must, obligatorily, be carried out in the new file, no alteration being admitted in the existing files.

§ 2º If it is necessary to include new operations on the date on which the update referred to in item II is carried out, these operations must be included in the new file, no separate file being admitted for sending.

Art. 17. For the request for dissolution of liens on financial assets referred to in art. 26 of Resolution BCB No. 144, of 2021, the financial institution must not include these assets in the update file referred to in item II of art. 2º. The non-inclusion of these operations in the update file characterizes the request for dissolution of liens on them.

CHAPTER V

OF FINAL PROVISIONS

Art. 18. Any doubts related to the formation of the basket of guarantees and eligibility of financial assets within the scope of the LTEL-LFG must be sent to the e-mail lfg.desig@bcb.gov.br.

Art. 19. Loans granted during the validity of Resolution No. 4.795, of April 2, 2020, and Circular No. 3.996, of April 6, 2020, continue to be governed by the provisions of those normative acts and must observe the procedures established in Circular Letters Nos. 4.024, of April 9, 2020, 4.032, of April 17, 2020, and 4.046, of May 6, 2020.

Art. 20. The following are revoked:

I - Circular Letter No. 4.024, of April 9, 2020;

II - Circular Letter No. 4.032, of April 17, 2020;

III - Circular Letter No. 4.033, of April 17, 2020;

IV - Circular Letter No. 4.039, of April 29, 2020;

V - Circular Letter No. 4.043, of May 5, 2020;

VI - Circular Letter No. 4.046, of May 6, 2020;

VII - Circular Letter No. 4.057, of May 28, 2020.

Art. 21. This Normative Instruction enters into force on November 1, 2021.

Gilneu Francisco Astolfi Vivan

Annex to Normative Instruction BCB No. 180, of October 25, 2021.

Model 1 - Communication of pre-positioning of financial assets

COMMUNICATION OF PRE-POSITIONING OF GUARANTEE ASSETS FOR LOAN OPERATIONS THROUGH TEMPORARY SPECIAL LIQUIDITY LINE (LTEL-LFG)

Legal Name of the Financial Institution:

Full Address:

CNPJ:

To the Central Bank of Brazil

Department of Financial System Monitoring (Desig)

Subject: Communication of pre-positioning of guarantee assets (LTEL-LFG)

Dear Sirs,

In compliance with the requirements determined by the Central Bank of Brazil for the availability of the Temporary Special Liquidity Line and in accordance with art. 9° of Resolution BCB No. 144/2021, we inform the pre-positioning of guarantee assets in (inform the name of the central depository), according to the values below:

• Total value (active portfolio) of pre-positioned guarantee assets (R$):

• Calculated value of the Total Financial Limit referred to in art. 15 of Resolution BCB No. 144/2021 (R$):

Sincerely,

Name of the responsible person:

E-mail:

CPF:

Phone:

Model 2 - Communication of occurrence of insufficiency of financial assets

COMMUNICATION OF INSUFFICIENCY OF GUARANTEE ASSETS FOR LOAN OPERATIONS THROUGH TEMPORARY SPECIAL LIQUIDITY LINE (LTEL-LFG)

Legal Name of the Financial Institution:

Full Address:

CNPJ:

To the Central Bank of Brazil

Department of Financial System Monitoring (Desig)

Subject: Communication of insufficiency of guarantee assets (LTEL-LFG)

Dear Sirs,

In compliance with the requirements determined by the Central Bank of Brazil and as provided for in article 28 of Resolution BCB No. 144/2021, we inform that on / / it was identified an insufficiency of financial assets to meet the requirement provided for in art. 25 of the aforementioned Resolution BCB.

• Total value of Financial Letters (R$):

• Total value of guarantee assets considered for the calculation of sufficiency calculated according to arts. 8º, 12, 13 and 14 of Resolution BCB No. 144/2021 (R$):

• Total value of insufficiency (R$):

Sincerely,

Name of the responsible person:

E-mail:

CPF:

Phone:

Model 3 - Communication of recomposition of financial assets

COMMUNICATION OF RECOMPOSITION OF GUARANTEE ASSETS FOR LOAN OPERATIONS THROUGH TEMPORARY SPECIAL LIQUIDITY LINE (LTEL-LFG)

Legal Name of the Financial Institution:

Full Address:

CNPJ:

To the Central Bank of Brazil

Department of Financial System Monitoring (Desig)

Subject: Communication of recomposition of guarantee assets (LTEL-LFG)

Dear Sirs,

In compliance with the requirements determined by the Central Bank of Brazil and as provided for in item I of the sole paragraph of art. 28 of Resolution BCB No. 144/2021, we inform the recomposition of financial assets at/in (inform the name of the central depository), to meet the requirement provided for in art. 25 of the aforementioned Resolution BCB.

• Total value (active portfolio) of added guarantee assets - Credit (R$):

• Total value of sufficiency (R$):

Sincerely,

Name of the responsible person:

E-mail:

CPF:

Phone: