Resolution No. 222

NORMATIVE INSTRUCTION

BCB NO. 352, OF FEBRUARY 15, 2023

Amends the Normative Instruction BCB No. 291, of July 29, 2022, which establishes the procedures necessary for adherence to Pix, to adjust devices referring to the registration stage, the homologation stage, and the restricted operation stage; to insert transitional dispositions on the transition regime; and to adjust the adherence forms.

The Head of the Department of Competition and Market Structure (Decem), using the attribution conferred by art. 97-A, item X, letter “b”, of the Internal Regulations of the Central Bank of Brazil, annexed to Ordinance No. 84.287, of February 27, 2015, and taking into account the provision of § 3º of art. 25 of the Regulation annexed to Resolution BCB No. 1, of August 12, 2020,

R E S O L V E :

Art. 1º The Normative Instruction BCB No. 291, of July 29, 2022, shall be enforced with the following alterations:

“Art. 2º ................................................................................................................

§ 1º Institutions exclusively offering prepaid payment accounts must possess prior authorization from the Central Bank of Brazil for the issuance of electronic money, or be exempt from doing so, as provided in specific regulation.

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(NR)

“Art. 5º ................................................................................................................

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§ 2º Institutions intending to offer the payment transaction initiation service must possess prior authorization from the Central Bank of Brazil or be exempt from doing so, as provided in specific regulation.” (NR)

“Art. 10. ..............................................................................................................

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§ 5º For institutions that are in the process of adherence as direct participants of the SPI, the extension of the deadline for the completion of the tests referred to in art. 11 automatically implies the extension of the deadline referred to in § 4º. (NR)

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§ 8º An institution will be considered failed in the homologation stage if:

I - it has not completed, within the deadline referred to in the caput and except for any extension referred to in § 4º, the homologation tests to which it is subject;

II - it was failed in the formal homologation tests of the DICT, referred to in art. 13;

III - it was failed in the stage of verifying the adherence of solutions to end users, referred to in art. 17; or

IV - it withdrew from the Pix adherence process.” (NR)

“Art. 17. Participants providing transactional accounts must comply with the stage of verifying the adherence of solutions developed for end users, which comprises the approval of a project for a cellular telephone application intended for natural person users.

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§ 7º Adjusted versions of projects shall contain only the pages and items for which adjustments were requested.” (NR)

“Art. 28. ...............................................................................................................

§ 1º The entity of the organized cooperative system of two or three levels that acts or intends to act as a liquidator in the SPI, of at least one singular credit cooperative affiliated with a central credit cooperative, and that has completed the tests referred to in the caput, must communicate to Decem, via the Digital Protocol, its eventual intention to extend to its affiliated singular cooperatives the authorization to act in the facilitation of withdrawal service.

§ 2º The extension referred to in § 1º will apply to all singular cooperatives affiliated with the central credit cooperative authorized to act as a facilitator of withdrawal service.

§ 3º The extension referred to in § 1º will apply tacitly to all affiliated singular cooperatives that become Pix participants in the condition of singular cooperatives affiliated with the central credit cooperative authorized to act as a facilitator of withdrawal service.

§ 4º The affiliated singular cooperative is unauthorized to continue acting as a facilitator of withdrawal service, granted due to the extension provided in § 1º, upon its disaffiliation from the granting central credit cooperative.

§ 5º The provision in § 4º does not apply to cases where the singular cooperative becomes affiliated with another central credit cooperative also opting for the extension referred to in § 1º.” (NR)

“Art. 30. ..............................................................................................................

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§ 2º Decem will define the activation date of the institution in the Pix production environment, as well as inform direct participants of the date and time for entering production in the SPI.

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§ 7º Entry into production is prohibited for an institution intending to access the DICT indirectly whose participant providing direct access has not completed the tests referred to in art. 14 until the deadline referred to in § 1º.

§ 8º Entry into production is prohibited for an institution intending to participate in the SPI indirectly whose liquidator has not entered production previously until the deadline referred to in § 1º.” (NR)

“CHAPTER III-A

ON TRANSITIONAL PROVISIONS

Art. 37-A. The deadline for completion of the homologation stage referred to in art. 10 does not apply to institutions that are in a transition regime, in accordance with Section IX of Chapter XXII of the Pix Regulation, during the adherence process.

Sole Paragraph. The institutions referred to in the caput must manifest their eligibility for the transition regime in the Pix adherence form set forth in Annexes I or III, depending on whether the institution has or does not have authorization to operate from the Central Bank of Brazil, respectively.” (NR)

Art.
2º Annex I to Normative Instruction BCB No. 291, of 2022, shall be enforced with the following wording:

“Annex I - Pix adherence and registration update form for institutions that have authorization to operate from the Central Bank of Brazil and intend to act in the transactional account provider modality

I	Reason for submission	( ) Adherence request ( ) Registration update of participant in operation, as provided in art. 7º ( ) Registration update of institution in Pix adherence, as provided in art. 7º
II	Institution eligible for transition regime referred to in Section IX of Chapter XXII of the Pix Regulation (Yes/No)
III	CNPJ Registration
IV	Offers initiation service within Open Finance (Yes/No)
V	Participant of Open Finance as account-holding institution	( ) Yes¹ ( ) No, the institution is exempt² ( ) The institution is applying or will apply for exemption from Open Finance participation³
VI	Facilitates withdrawal service (Pix Withdrawal and Pix Change) (Yes/No)
VII	Type of access to DICT (direct or indirect) Note: Direct access to DICT is mandatory for direct participant in SPI.
VIII	Type of participation in SPI (direct or indirect) Note: If indirect, inform ISPB code of SPI liquidating participant:
IX	If direct participant in SPI, inform connection method to RSFN (direct or via PSTI) If via PSTI, indicate name and CNPJ of PSTI: - Name of PSTI: - CNPJ of PSTI:
X	Number of active customer accounts at the time of adherence request, in the following modalities:
X (a)	Checking accounts
X (b)	Savings deposit accounts
X (c)	Prepaid payment accounts
XI	Offers transactional accounts to end users:	( ) legal entities ( ) natural persons
XII	Identification of director responsible for attending to Central Bank of Brazil demands related to issues concerning Pix	Name: CPF:
XIII	Institution phone number for matters related to Pix
XIV	Electronic address (e-mail) of the institution for matters related to Pix Note: Preferably inform institutional e-mail accessible to more than one user
XV	Identification of director responsible for attending to Central Bank of Brazil demands related to issues concerning SPI	Name: CPF:
XVI	Institution phone number for matters related to SPI
XVII	Electronic address (e-mail) of the institution for matters related to SPI

¹ Participation in Open Finance as account holder is mandatory for all financial institutions, payment institutions, and other institutions authorized to operate by the Central Bank of Brazil, in accordance with Joint Resolution No. 1, of 2020.

² Proof of exemption from participation in Open Finance must be sent to Decem upon presentation of the adherence request or during the deadline referred to in art. 8º, caput.

³ Exemption from participation in Open Finance is obtained in accordance with Joint Resolution No. 1, of 2020, and must be presented to Decem by the end of the homologation stage of the Pix adherence process. Otherwise, the institution must submit to the tests referred to in art. 26.

We declare awareness that:

(i) to conclude the Pix adherence process, the Central Bank of Brazil reserves the right to request additional information and documents at any time; and

(ii) the conclusion of the Pix adherence process implies adherence to the rules, conditions, and procedures established in the Pix Regulation.

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Name and Position” (NR)

Art.
3º Annex II to Normative Instruction BCB No. 291, of 2022, shall be enforced with the following wording:

“Annex II - Pix adherence and registration update form for institutions that have authorization to operate from the Central Bank of Brazil and intend to act exclusively in the special liquidator modality

I	Reason for submission		( ) Adherence request ( ) Registration update of participant in operation, as provided in art. 7º ( ) Registration update of institution in Pix adherence, as provided in art. 7º
II	CNPJ Registration
III	If direct participant in SPI, inform connection method to RSFN (direct or via PSTI) If via PSTI, indicate name and CNPJ of PSTI: - Name of PSTI: - CNPJ of PSTI:
IV	Number of active customer accounts at the time of adherence request, in the following modalities:
IV (a)	Checking accounts
IV (b)	Savings deposit accounts
IV (c)	Prepaid payment accounts
V	Identification of director responsible for attending to Central Bank of Brazil demands related to issues concerning Pix		Name: CPF:
VI	Institution phone number for matters related to Pix
VII	Electronic address (e-mail) of the institution for matters related to Pix Note: Preferably inform institutional e-mail accessible to more than one user
VIII	Identification of director responsible for attending to Central Bank of Brazil demands related to issues concerning SPI		Name: CPF:
IX	Institution phone number for matters related to SPI
X	Electronic address (e-mail) of the institution for matters related to SPI

We declare awareness that:

(i) to conclude the Pix adherence process, the Central Bank of Brazil reserves the right to request additional information and documents at any time; and

(ii) the conclusion of the Pix adherence process implies adherence to the rules, conditions, and procedures established in the Regulation of Pix.

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Name and Position” (NR)

Art.
4º Annex III to Normative Instruction BCB No. 291, of 2022, shall be enforced with the following wording:

“Annex III – Pix adherence and registration update form for institutions that do not have authorization to operate from the Central Bank of Brazil

I	Reason for submission	( ) Adherence request ( ) Registration update of participant in operation, as provided in art. 7º ( ) Registration update of institution in Pix adherence, as provided in art. 7º
II	Institution eligible for transition regime referred to in Section IX of Chapter XXII of the Pix Regulation (Yes/No)
III	CNPJ Registration
IV	Corporate Name
V	Trade Name
VI	ISPB Code of responsible participant
VII	Number of active prepaid payment customer accounts at the time of adherence request
VIII	Offers transactional accounts to end users:	( ) legal entities ( ) natural persons
IX	Identification of director responsible for attending to Central Bank of Brazil demands related to issues concerning Pix	Name: CPF:
X	Institution phone number for matters related to Pix
XI	Electronic address (e-mail) of the institution for matters related to Pix Note: Preferably inform institutional e-mail accessible to more than one user

We declare awareness that:

(i) to conclude the Pix adherence process, the Central Bank of Brazil reserves the right to request additional information and documents at any time; and

(ii) the conclusion of the Pix adherence process implies adherence to the rules, conditions, and procedures established in the Pix Regulation.

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Name and Position” (NR)

Art.
5º Annex IV to Normative Instruction BCB No. 291, of 2022, shall be enforced with the following wording:

“Annex IV - Pix adherence and registration update form for institutions that intend to act exclusively in the initiator modality

I	Reason for submission	( ) Adherence request ( ) Registration update of participant in operation, as provided in art. 7º ( ) Registration update of institution in Pix adherence, as provided in art. 7º
II	CNPJ Registration
III	Type of access to DICT (direct, indirect, or no access)
IV	ISPB Code of direct participant with access to DICT (in case of indirect access to DICT)
V	Identification of director responsible for attending to Central Bank of Brazil demands related to issues concerning Pix	Name: CPF:
VI	Initiator phone number for matters related to Pix
VII	Electronic address (e-mail) of the institution for matters related to Pix Note: Preferably inform institutional e-mail accessible to more than one user

We declare awareness that:

(i) to conclude the Pix adherence process, the Central Bank of Brazil reserves the right to request additional information and documents at any time; and

(ii) the conclusion of the Pix adherence process implies adherence to the rules, conditions, and procedures established in the Pix Regulation.

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Name and Position” (NR)

Art.
6º Items I and II of art. 17 of Normative Instruction BCB No. 291, of 2022, are revoked.

Art.
7º This Normative Instruction enters into force on March 1, 2023.

Angelo José Mont Alverne Duarte

NOTE

Decree No. 10.411, of June 30,
2020, provides for the mandatory conduct of regulatory impact analysis (AIR) for the issuance of normative acts of general interest produced by the organs and entities of the direct and indirect federal public administration.

However, as defined in paragraph 8 of Vote 280/2021–BCB, of November 10, 2021, the Pix Regulation, including other documents that integrate, detail, and complement it, do not characterize as a regulatory act of coercive force, possessing, in truth, an eminently contractual nature. Thus, modifications promoted in said regulation and in other documents that integrate, detail, and complement it are not subject to the prior production of AIR.