Normative Instruction BCB No. 311 — Establishes Procedures for Submission of the Prudential Conglomerate Report

Resolution No. 222

NORMATIVE INSTRUCTION BCB NO. 311, OF OCTOBER 19, 2022

Establishes the procedures for submission of the Prudential Conglomerate Report governed by CMN Resolution No. 4,911, of May 27, 2021, and BCB Resolution No. 146, of September 28, 2021.

The Heads of the Department of Financial System Monitoring (Desig), the Department of Strategic Management and Specialized Supervision (Degef), the Department of Supervision of Cooperatives and Non-Bank Institutions (Desuc), and the Department of Banking Supervision (Desup), in use of the attribution conferred upon them 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, respectively, on arts. 77, item III, 74, item X, 86, item I, and 80, items I and II, of said Regulations, and having in view the provisions of CMN Resolutions Nos. 4,911, of May 27, 2021, and 4,924, of June 24, 2021, and BCB Resolutions Nos. 120, of July 27, 2021, and 146, of September 28, 2021,

RESOLVE:

Art. 1º This Normative Instruction establishes the procedures for submission to the Central Bank of Brazil of the Prudential Conglomerate Report (RCP), governed by art. 2º, item II, letter “c”, of CMN Resolution No. 4,911, of May 27, 2021, and arts. 4º, item III, and 16 of BCB Resolution No. 146, of September 28, 2021.

Art. 2º The report referred to in art. 1º must be sent by financial institutions and other institutions authorized to operate by the Central Bank of Brazil mentioned in art. 1º of CMN Resolution No. 4,911, of 2021, and in art. 4º of BCB Resolution No. 146, of 2021, through document code 4076 - Prudential Conglomerate Report (RCP), in accordance with the annex to this Normative Instruction.

§ 1º As provided in § 1º of art. 16 of BCB Resolution No. 146, of 2021, financial institutions and other institutions authorized to operate by the Central Bank of Brazil that are leaders of prudential conglomerates classified in Segment 4 (S4) and Segment 5 (S5), observing current regulations, are exempt from preparing and submitting the document referred to in the caput.

§ 2º As provided in § 5º of art. 16 of BCB Resolution No. 146, of 2021, the report referred to in the caput must be prepared on a consolidated basis for institutions belonging to the same prudential conglomerate, observing current regulations.

§ 3º The layout, filling instructions, and other information necessary for the preparation and submission of the document indicated in the caput are available on the Central Bank of Brazil’s internet page, at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd.

§ 4º The provisions in the caput do not apply to payment institutions, in accordance with § 3º of art. 4º of BCB Resolution No. 146, of 2021, that are: (Included, effective 12/01/2023, by Normative Instruction BCB No. 421, of 11/23/2023.)

I - Type 3 prudential conglomerate leaders classified in Segment 4 (S4) or Segment 5 (S5); and (Included, effective 12/01/2023, by Normative Instruction BCB No. 421, of 11/23/2023.)

II - Type 2 prudential conglomerate leaders that have total assets, calculated according to the criteria and procedures embodied in the Accounting Standard of Institutions Regulated by the Central Bank of Brazil (Cosif), less than or equal to 0.1% (one tenth of one percent) of the Gross Domestic Product (GDP) of Brazil. (Included, effective 12/01/2023, by Normative Instruction BCB No. 421, of 11/23/2023.)

§ 5º For the purposes of the provision in § 4º, the GDP of Brazil as defined in § 4º of art. 4º of BCB Resolution No. 146, of 2021, must be considered. (Included, effective 12/01/2023, by Normative Instruction BCB No. 421, of 11/23/2023.)

§ 6º The information referred to in the caput must be submitted starting from the first data base date on which the institution authorized to operate by the Central Bank of Brazil is effectively functioning. (Included, effective 12/01/2023, by Normative Instruction BCB No. 421, of 11/23/2023.)

§ 7º The preparation of the documents referred to in this article must be done observing the Accounting Standard of Institutions Regulated by the Central Bank of Brazil (Cosif) defined in Normative Instructions BCB Nos. 426, 427, 428, 429, 430, 431, 432, and 433, all dated December 1, 2023. (Included, effective 01/01/2025, by Normative Instruction BCB No. 474, of 05/23/2024.)

Art. 3º The document referred to in art. 2º must observe the layout available at the electronic address cited in § 3º of art. 2º of this Normative Instruction, containing the information listed below:

I - Statements:

a) Statement of Financial Position, governed by letter “a” of item I of art. 16 of BCB Resolution No. 146, of 2021, containing the balances of asset items, segregated into the following groups: (Revised, effective 01/01/2025, by Normative Instruction BCB No. 474, of 05/23/2024.)

1. Current assets and long-term receivables;

2. Non-current assets;

3. Current liabilities and long-term payables; and

4. Shareholders' equity;

b) Statement of Comprehensive Income, governed by letter “b” of item I of art. 16 of BCB Resolution No. 146, of 2021, containing the accumulated values during the semester regarding revenues, expenses, and other comprehensive income, segregated into the following items and intermediate result lines: (Revised, effective 01/01/2025, by Normative Instruction BCB No. 474, of 05/23/2024.)

1. Operational and non-operational revenues;

2. (-) Operational and non-operational expenses;

3. Result before taxes on profit;

4. Taxes on profit;

5. (-) Profit participations;

6. Net profit (loss);

7. Other comprehensive income; and

8. Comprehensive profit (loss);

c) Statement of Changes in Shareholders' Equity, governed by letter “c” of item I of art. 16 of BCB Resolution No. 146, of 2021, containing the events and values of variations verified during the semester in the following groups and breakdowns: (Revised, effective 01/01/2025, by Normative Instruction BCB No. 474, of 05/23/2024.)

1. Social capital;

2. Capital reserves;

3. Profit reserves;

4. Asset valuation adjustments;

5. Accumulated profits or losses;

6. (-) Treasury shares;

7. Social equity of Savings and Loan Associations; and

8. Non-controlling interests;

II - Information on:

a) Acquisitions, sales, and corporate restructuring occurring during the semester, including those carried out between institutions belonging to the prudential conglomerate, with their respective asset and result impacts, governed by art. 16, item II, letter “a” of BCB Resolution No. 146, of 2021, net of tax effects;

b) Breakdown of the result into recurring and non-recurring items, governed by art. 16, item II, letter “b” of BCB Resolution No. 146, of 2021, with specification of the gross value, tax effect, and net value for expense and revenue items considered to be of a non-recurring nature; and

c) Other relevant events occurring during the period that affected or may affect the asset position and result of the prudential conglomerate, governed by art. 16, item II, letter “m” of BCB Resolution No. 146, of 2021, net of tax effects;

III - Reasonable Assurance Report by Independent Auditor, governed by § 2º of art. 2º of CMN Resolution No. 4,911, of 2021, containing an opinion on whether the accounting information, taken together, presented according to the specific criteria established by CMN Resolution No. 4,950, of September 30, 2021, and BCB Resolution No. 168, of December 1, 2021, are free from material misstatement, regardless of whether caused by fraud or error, based on the consolidated accounting model in the Accounting Standard of Institutions Regulated by the Central Bank of Brazil (Cosif).

Sole Paragraph. (Revoked, effective 12/01/2023, by Normative Instruction BCB No. 421, of 11/23/2023.)

§ 1º For the provision of the information provided for in item II, letter “c”, entities must observe the concept of relevance provided for in the conceptual framework for the preparation and presentation of financial statements, governed by CMN Resolution No. 4,924, of June 24, 2021. (Included, effective 12/01/2023, by Normative Instruction BCB No. 421, of 11/23/2023.)

§ 2º As provided in art. 16, § 3º of BCB Resolution No. 146, of 2021, for reports prepared up to the June 2026 data base date, the preparation and submission of the information provided for in art. 16, item II, letters “c” to “l” of said Resolution are exempted. (Included, effective 12/01/2023, by Normative Instruction BCB No. 421, of 11/23/2023.)

Art. 4º The document referred to in art. 2º must be submitted semi-annually by the leading institution of the prudential conglomerate, with the data base date being the last day of the months of June and December.

§ 1º The submission referred to in the caput must be made:

I - for the June 30 data base date: within sixty days of the data base date;

II - for the December 31 data base date: within ninety days of the data base date.

§ 2º For the December 31, 2022 data base date, it is admitted that the submission of the document referred to in this Normative Instruction be made until June 30, 2023.

§ 3º As provided in art. 20-A of BCB Resolution No. 146, of 2021, payment institutions authorized to operate by the Central Bank of Brazil are exempt from preparing and submitting the report referred to in this Normative Instruction, for data base dates related to periods ending until December 31, 2024. (Included, effective 12/01/2023, by Normative Instruction BCB No. 421, of 11/23/2023.)

Art. 5º The employee responsible for sending Cosif information of the institutions mentioned in art. 2º must be able to respond to possible questions regarding the submission of the document referred to in this Normative Instruction.

Art. 6º The indications of the director responsible, referred to in art. 5º of CMN Resolution No. 4,911, of 2021, and of the employee, mentioned in art. 5º of this Normative Instruction, must be registered and kept updated in the System of Information about Entities of Interest of the Central Bank (Unicad), governed by BCB Resolution No. 209, of March 22, 2022.

Art. 7º This Normative Instruction enters into force on November 1, 2022.

Gilneu Francisco Astolfi Vivan Adalberto Felinto da Cruz Júnior

Head of Desig Head of Degef

Harold Paquete Espínola Filho Belline Santana

Head of Desuc Head of Desup

ANNEX TO NORMATIVE INSTRUCTION BCB NO. 311, OF OCTOBER 19, 2022

Document Code: 4076.

Document Name: Prudential Conglomerate Report (RCP).

Submission Frequency: Semi-annual.

Data Base Date: June 30 and December 31.

Deadline for submission: June 30 data base date: within sixty days of the data base date; December 31 data base date: within ninety days of the data base date.

Unit responsible for curation: Desig.

Submission Method: Electronic means.

System for submission: File Transfer System (STA), as regulated and made available on the Central Bank of Brazil’s internet page, at the address https://www.bcb.gov.br/acessoinformacao/sistematransferenciaarquivos.

Format for submission: XML (eXtensible Markup Language).

Validation of submission: Anticipated.

Submission validation schema: XSD (XML Schema Definition).

Additional elements for submission: Filling instructions, layout, and other documents available on the Central Bank of Brazil’s internet page, at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd.

Director responsible for submission: Director responsible for the accounting area.

Registration of the director responsible for submission: module “Links - Inclusion - Director Responsible for Area of Activity” of Unicad.

Employee designated to answer questions: Indication according to art. 5º of this Normative Instruction.

Registration of the employee designated to answer questions: module “Links - Inclusion - Internal Audit / Ombudsman / Resp. for Sending Information” of Unicad.

Electronic address for forwarding questions about submission and filling of the document: cosif@bcb.gov.br.

NOTE

CMN Resolution No. 4,911, of May 27, 2021, and BCB Resolution No. 146, of September 28, 2021, established the obligation for financial institutions and other financial institutions authorized to operate by the Central Bank of Brazil, including payment institutions and excluding consortium administrators, belonging to a prudential conglomerate, to prepare and submit to this Autarchy the Prudential Conglomerate Report (RCP).

2. This BCB Normative Instruction establishes the procedures for the submission of the RCP and creates document code 4076, of semi-annual frequency, with the purpose of capturing the information provided for in art. 16 of BCB Resolution No. 146, of 2021, items I and II, letters “a”, “b”, and “m”, required starting from the December 2022 data base date, relevant to the units of the supervision area of this Central Bank.

3. The submission of document code 4076 - Prudential Conglomerate Report (RCP) must be made, regarding the June 30 data base date, within sixty days of that data base date, and, for the December 31 data base date, within ninety days of the data base date. Exceptionally, and regarding the first submission (December 31, 2022 data base date), institutions may submit the document until the deadline of June 30, 2023.

4. 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 4º, said decree establishes the hypotheses for exemption from carrying out AIR. This BCB IN falls under the hypothesis provided for in item II, a normative act intended to discipline rights or obligations defined in a hierarchically superior norm that does not allow, technically or legally, different regulatory alternatives. Thus, based on item II of art. 4º of Decree No. 10,411, of 2020, we understand that the issuance of this BCB IN is exempt from carrying out AIR.

Gilneu Francisco Astolfi Vivan Adalberto Felinto da Cruz Júnior

Department of Monitoring Department of Strategic Management of the Financial System – Desig and Specialized Supervision - Degef

Harold Paquete Espínola Filho Belline Santana

Department of Supervision of Department of Supervision Cooperatives and Non-Bank of Banking - Desup Institutions - Desuc