Rule · BCB · 16 Aug 2022 · Instrução Normativa BCB 295
This instruction updates the filling instructions for Document Code 2062 (Individual Operational Limits Statement) to reflect regulatory changes from several CMN and BCB resolutions, including those governing leasing companies, mortgage companies, real estate credit societies, securities brokers, and currency brokers. The amendments involve modifying normative citations and account function descriptions within Table 003 and specific chapters of the instructions. These changes take effect for the September 2022 data base, with the instruction itself entering into force on September 1, 2022.
BCB NORMATIVE INSTRUCTION NO. 295, OF AUGUST 16, 2022
Amends the Filling Instructions for document code 2062 - Individual Operational Limits Statement (DLI), governed by BCB Normative Instruction No. 85, of March 10, 2021.
The Head of the Financial System Monitoring Department (Desig), in the exercise of the authority conferred by Article 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 Article 77, item III, of the aforementioned Regulations, and considering the provisions of CMN Resolutions Nos. 4,976, of December 16, 2021, 4,985, of February 17, 2022, 5,000, 5,008 and 5,009, all of March 24, 2022, BCB Resolution No. 69, of February 10, 2021, and BCB Normative Instruction No. 85, of March 10, 2021,
R E S O L V E S:
Art. 1º The new version of the Filling Instructions for document code 2062 - Individual Operational Limits Statement (DLI), available on the Central Bank of Brazil’s website at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd, shall enter into force, as of the September 2022 data base, with the following modifications:
I - in Chapter II - General Guidelines:
a) amendment of normative citation in item 3;
b) inclusion of normative citation in item 9-a;
II - in Chapter IV - Specific Guidelines:
a) inclusion of normative citation in items 1 and 1-c;
b) amendment of normative citation in item 4-a;
III - in Table 003 - Accounts:
a) amendment of normative citation in the accounts: 6.00.00, 6.10.00, 6.10.01, 6.10.02, 6.10.90, 6.10.91, 6.90.00, 6.90.03, 6.90.04, 6.90.05, 6.90.05.01, 6.90.05.02, 6.90.05.03, 6.90.05.04, 6.90.06, 6.90.10, 6.90.10.01, 6.90.10.10, 6.90.10.11, 6.90.10.20, 6.90.10.21, 6.90.90, 6.90.90.01, 8.00.00, 8.10.00, 8.90.00, 34.00.00, 34.10.00, 34.90.00, 35.00.00, 35.10.00, 35.10.01, 35.10.02, 35.90.00, 35.90.01, 36.00.00, 36.10.00, 36.10.01, 36.10.02, 36.90.00, 36.90.01;
b) amendment of the description of the function of the accounts: 6.10.91, 6.90.10, 6.90.10.01, 6.90.10.10, 6.90.10.11, 6.90.10.20, 6.90.10.21, 6.90.90, 6.90.90.01, 6.90.90.02, 20.10.10, 20.90.00, 20.90.10, 20.90.20, 20.99.00, 21.90.00, 21.99.00, 22.90.00, 22.99.00 and 34.10.00;
c) amendment of normative citation in items F, G and H.
Art. 2º This Normative Instruction enters into force on September 1, 2022.
Gilneu Francisco Astolfi Vivan
NOTE
The Individual Operational Limits Statement (DLI), document code 2062, whose normative basis is BCB Resolution No. 69, of February 10, 2021, reflects the prudential regulation provided for in several Resolutions issued by the National Monetary Council (CMN) and the Central Bank of Brazil (BCB), and BCB Normative Instruction (IN BCB) No. 85, of March 10, 2021, aims to present, in a synthetic manner, the information regarding the details of the calculation of the individual limits monitored by the BCB, at the calculation data base.
Decree No. 10,139, of November 28, 2019, determined the revision and consolidation of normative acts inferior to decree. Based on the aforementioned Decree, several norms were published consolidating norms with impact on the DLI, in particular, CMN Resolutions Nos. 4,976, of December 16, 2021, which provides for the organization and functioning of leasing companies, 4,985, of February 17, 2022, which provides for the constitution and functioning of mortgage companies, 5,000, of March 24, 2022, which provides for the constitution and functioning of real estate credit societies, 5,008, of March 24, 2022, which provides for the constitution, organization and functioning of securities brokers and securities distribution companies, and 5,009, of March 24, 2022, which establishes conditions for the constitution, organization and functioning of currency brokers. With the issuance of these norms, it was necessary to make adjustments to the filling instructions for document 2062, without, however, altering its layout. In summary, changes are being made to the normative citations and the description of the function of several accounts of the aforementioned document.
Decree No. 10,411, of June 30, 2020, regulates the carrying out of regulatory impact analysis (AIR) as a prerequisite for the issuance of a normative act. However, in its Article 4º, the aforementioned decree establishes the hypotheses for dispensing with the carrying out of AIR. The present IN BCB falls under the hypotheses provided for in item II, namely, normative act intended to discipline rights or obligations defined in a hierarchically superior norm that does not allow, technically or legally, different regulatory alternatives, and III, normative act considered to be of low impact. Thus, based on items II and III of Article 4º of Decree No. 10,411, of 2020, I understand that the issuance of the present IN BCB is exempt from carrying out AIR.
Gilneu Francisco Astolfi Vivan
Head of the Financial System Monitoring Department (Desig)
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“Amends the Filling Instructions for document code 2062 - Individual Operational Limits Statement (DLI), governed by BCB Normative Instruction No. 85, of March 10, 2021.”
“considering the provisions of CMN Resolutions Nos. ... 5,000, 5,008 and 5,009, all of March 24, 2022”
“considering the provisions of CMN Resolutions Nos. ... 5,000, 5,008 and 5,009, all of March 24, 2022”
“considering the provisions of ... BCB Resolution No. 69, of February 10, 2021”
“Decree No. 10,139, of November 28, 2019, determined the revision and consolidation of normative acts inferior to decree.”
“in the exercise of the authority conferred by Article 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”
“considering the provisions of CMN Resolutions Nos. ... 5,000, 5,008 and 5,009, all of March 24, 2022”
“considering the provisions of CMN Resolutions Nos. ... 4,985, of February 17, 2022”
“considering the provisions of CMN Resolutions Nos. 4,976, of December 16, 2021”
“Decree No. 10,411, of June 30, 2020, regulates the carrying out of regulatory impact analysis (AIR) as a prerequisite for the issuance of a normative act.”
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