Normative Instruction BCB No. 249 — Establishes Procedures for Submitting the Annual Program, General Report of Cooperative Audit Activities, and Communication of Materially Relevant Facts

NORMATIVE INSTRUCTION BCB NO. 249, OF
MARCH 29, 2022

Establishes procedures to be observed in the submission of the Annual Program and the General Report of Cooperative Audit Activities and the Communication of Materially Relevant Facts, as provided for in Resolution CMN No. 4,887, of January 28, 2021.

The Head of the Department of Supervision of Cooperatives and Non-Banking Institutions (Desuc), using the authority granted by Article 23, item I, letter “a”, of the Internal Regulations of the Central Bank of Brazil, annexed to Ordinance No. 108,150, of August 27, 2020, based on Article 86, item II, of said Regulations, on Resolution CMN No. 4,887, of January 28, 2021, and on Resolution BCB No. 97, of May 25, 2021,

R E S O L V E:

Art. 1. The submission of the information referred to in Article 12, item I, of Resolution CMN No. 4,887, of 2021, must be carried out annually by the providers of cooperative audit services through document 7110 – Annual Program of Cooperative Audit Activities, with the coding of the Document Catalog (Cadoc) and its other characteristics, in accordance with Annex I to this Normative Instruction.

Art. 2. The submission of the information referred to in Article 12, item II, of Resolution CMN No. 4,887, of 2021, must be carried out annually by the providers of cooperative audit services through document 7120 – General Report of Cooperative Audit Activities, with the coding of the Document Catalog (Cadoc) and its other characteristics, in accordance with Annex II to this Normative Instruction.

Art. 3. The communication of materially relevant facts referred to in Article 8, item II, of Resolution CMN No. 4,887, of 2021, must be carried out by the providers of cooperative audit services by filling out and sending a specific model of “Relevant Communication” available in SisAPS – Supervision Process Automation System.

§ 1. The nature of the findings to be communicated will be published by the Central Bank of Brazil.

Art. 4. The following are revoked:

I - Circular Letter No. 3,909, of September 18, 2018;

II - Circular Letter No. 3,944, of April 9, 2019;

III - Circular Letter No. 3,337, of August 27, 2008.

Art. 5. This Normative Instruction enters into force on the date of its publication.

Harold Paquete Espínola Filho
Unit Head

ANNEX I TO NORMATIVE INSTRUCTION NO. 249, OF MARCH 29, 2022

Coding in the Document Catalog (Cadoc) and its other characteristics

Document Code: 7110.

Document Name: Annual Program of Cooperative Audit Activities.

Submission Frequency: annual.

Base Date: is the deadline for submission. By October 31 (thirty-one) of the year prior to the reference year, in accordance with Article 12, item I, of Resolution BCB No. 97, of 2021, or 60 days after the date of accreditation, for institutions accredited after the last base date.

Example: For the Annual Program Report referring to 2022 (Reference Year: 2022), to be delivered by 31.10.2021, the base date provided must be 2021-10-31. This must be the base date regardless of the document delivery date.

Reference Year: base year to which the annual program refers.

Unit responsible for curation: Desuc.

Submission Method: electronic means.

System for submission: Electronic File Transfer System (STA), in accordance with Circular Letter No. 3,588, of March 18, 2013, available on the Central Bank of Brazil’s internet page, at the address https://www.bcb.gov.br/acessoinformacao/sistematransferenciaarquivos .

Submission Format: XML (eXtensible Markup Language).

Submission Validation: advance.

Submission Validation Scheme: XSD (XML Schema Definition).

Additional Elements for Submission: layout, in XML format and filling instructions available on the Central Bank of Brazil’s internet page, at the address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd .

System for monitoring document processing: Document Submission Control System (CRD), available for access on the Central Bank of Brazil’s internet page, at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/controledocumentosif .

Responsible for preparation and submission: technical person designated by the provider of the cooperative audit service, in compliance with Article 12, § 1, of Resolution BCB No. 97, of 2021.

Electronic address for resolving doubts about submission and document completion: gtsp1.desuc@bcb.gov.br.

Document Origin: Cadoc Code	Segment	Subsegment
93.7.7.001-0	Various Legal Entities	Accredited in Cooperative Audit

ANNEX II TO NORMATIVE INSTRUCTION NO. 249, OF MARCH 29, 2022

Coding in the Document Catalog (Cadoc) and its other characteristics

Document Code: 7120.

Document Name: General Report of Cooperative Audit Activities.

Submission Frequency: annual.

Base Date: is the deadline for submission. By April 30 (thirty) of the year following the reference year, in accordance with Article 12, item II, of Resolution BCB No. 97, of 2021.

Reference Year: base year to which the report refers.

Unit responsible for curation: Desuc.

Submission Method: electronic means.

System for submission: Electronic File Transfer System (STA), in accordance with Circular Letter No. 3,588, of March 18, 2013, available on the Central Bank of Brazil’s internet page, at the address https://www.bcb.gov.br/acessoinformacao/sistematransferenciaarquivos .

Submission Format: XML (eXtensible Markup Language).

Submission Validation: advance.

Submission Validation Scheme: XSD (XML Schema Definition).

Additional Elements for Submission: layout, in XML format and filling instructions available on the Central Bank of Brazil’s internet page, at the address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd .

System for monitoring document processing: Document Submission Control System (CRD), available for access on the Central Bank of Brazil’s internet page, at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/controledocumentosif .

Responsible for preparation and submission: technical person designated by the provider of the cooperative audit service, in compliance with Article 12, § 1, of Resolution BCB No. 97, of 2021.

Electronic address for resolving doubts about submission and document completion: gtsp1.desuc@bcb.gov.br .

Document Origin: Cadoc Code	Segment	Subsegment
93.7.7.002-4	Various Legal Entities	Accredited in Cooperative Audit

NOTE

Documents 7110 – Annual Program, 7120 – General Report of Cooperative Audit Activities, and the Communication of Materially Relevant Facts (CFMR), governed by Resolution CMN No. 4,887, of January 28, 2021, and by Resolution BCB No. 97, of May 25, 2021, are prepared by cooperative audit entities or by independent audit companies accredited to perform cooperative audit activities and must be submitted to this Autarchy, the entity responsible for the supervision of credit unions and of cooperative audit activities.

2. Decree No. 10,139, of November 28, 2019, established the obligation for federal direct, autarchic, and foundational public administration bodies and entities to review and consolidate normative acts issued within the scope of their respective competencies. This measure aims to review, update, simplify, and consolidate normative acts, in order to rationalize the regulatory stock.

3. Thus, this Normative Instruction BCB (IN BCB) aims to consolidate Circular Letter No. 3,909, of September 18, 2018, and Circular Letter 3,944, of April 9, 2019, as well as regulate the submission of information regarding CFMRs, and also revoke Circular Letter No. 3,337, of August 27, 2008.

4. CFMRs must be carried out by entities or audit companies accredited when, during the execution of cooperative audit, the situations provided for in Article 8, item II of Resolution CMN No. 4,887, of January 28, 2021, are detected, or as determined by Supervision.

5. Therefore, the inclusion of the CFMR in this IN BCB only regulates the submission of a document provided for in Resolution No. 4,887, of 2021, which has been routinely carried out, and will not bring additional impacts to cooperative audit entities and independent audit companies accredited to perform cooperative audit activities.

6. Circular Letter No. 3,337, of 2008, aimed to cover minimum procedures for the performance of special duties of central credit cooperatives and confederations of central cooperatives, the so-called auxiliary supervision. However, these analyses began to be carried out by cooperative audit entities or by independent audit companies accredited to perform cooperative audit activities, as currently provided for in Resolution BCB No. 97, of May 25, 2021, with the product of these works offered to the audited cooperative, to central cooperatives, and to confederations, as well as to the Central Bank itself. Therefore, the aforementioned Circular Letter currently represents a duplication of commands, and its content was reformed and improved by the regulatory framework dealing with cooperative audit activities.

7. Decree No. 10,411, of June 30, 2020, regulates the carrying out of regulatory impact analysis (AIR) as a prerequisite for the issuance of normative acts. However, in its Article 4, the aforementioned decree establishes the hypotheses for exemption from carrying out AIR. This IN BCB falls under the hypothesis provided for in item II, namely, a normative act intended to regulate rights or obligations defined in a hierarchically superior norm that does not permit, technically or legally, different regulatory alternatives. Therefore, based on item II of Article 4 of Decree No. 10,411, of 2020, I understand that the issuance of this IN BCB is exempt from carrying out AIR.

Harold Paquete Espínola Filho
Head of Desuc