Normative Instruction BCB No. 402 of July 7, 2023

NORMATIVE INSTRUCTION BCB NO. 402,
OF JULY 7, 2023

Amends Normative Instructions BCB Nos. 81, of February 23, 2021, and 396, of June 23, 2023, in view of the changes promoted by Resolution BCB No. 330, of June 27, 2023, in Circular No. 3.748, of February 27, 2015, which provides for the methodology for calculating the Leverage Ratio (RA), submission to the Central Bank of Brazil, and disclosure of the respective information.

The Head of the Financial System Monitoring Department (Desig), using 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 in view of the provisions of Resolution BCB No. 330, of June 27, 2023, which amends Circular No. 3.748, of February 27, 2015,

R E S O L V E:

Art. 1º The Normative Instruction BCB No. 81 of February 23, 2021, shall enter into force with the following alterations:

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

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§ 2º In addition to the institutions subject to the minimum requirement referred to in CMN Resolution No. 4.615, of 2017, the information related to the calculation for determining the Leverage Ratio (RA), as provided in Circular No. 3.748, of February 27, 2015, must be submitted by multiple banks, commercial banks, investment banks, development banks, National Bank for Economic and Social Development (BNDES), exchange banks, savings banks, and credit cooperatives.

§ 3º The provisions of § 2º are exempted:

I

• credit cooperatives that opt for the simplified optional methodology for calculating the minimum requirement for Simplified Reference Equity (PRS5), in accordance with Resolution No. 4.606, of October 19, 2017; and

II

• the institutions mentioned in § 2º that are part of a Type 3 prudential conglomerate, in accordance with Resolution BCB No. 197, of March 11, 2022.” (NR)

Art. 2º The Normative Instruction BCB No. 396, of June 23, 2023, shall enter into force with the following alterations:

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

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III - ...................................................................................................................

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c) alteration of the wording of items 5, 7, and 8;

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(NR)

Art.
3º This Normative Instruction enters into force on the date of its publication.

Gilneu Francisco Astolfi Vivan

NOTE

The Operational Limits Statement (DLO), document code 2061, whose normative basis is Resolution BCB No. 69, of February 10, 2021, reflects the prudential regulation provided for in various Resolutions issued by the National Monetary Council (CMN) and the Central Bank of Brazil (BCB), with the Normative Instruction BCB (IN BCB) No. 81, of February 23, 2021, aiming to present, in a concise manner, the information regarding the details of the calculation of limits monitored by the BCB, on the calculation date.

2.             For each limit, the document contains two sets of information: i) calculation of the institution's situation; and ii) calculation of the regulatory requirement and the margin (or deficiency) of the institution in relation to the considered limit. Document 2061 is composed of various accounts that must be filled in by financial institutions and other institutions authorized to operate by the Central Bank of Brazil (IFs).
   

This Normative Instruction BCB aims to make adjustments to Normative Instructions BCB Nos. 81, of February 23, 2021, and 396, of June 23, 2023, in view of the changes promoted by Resolution BCB No. 330, of June 27, 2023, in Circular No. 3.748, of February 27, 2015, excluding from the calculation of the Leverage Ratio:

I

•  credit cooperatives that opt for the simplified optional methodology for calculating the minimum requirement for Simplified Reference Equity (PRS5), in accordance with Resolution No. 4.606, of October 19, 2017; and
  

II

• financial institutions that are part of a Type 3 prudential conglomerate, in accordance with Resolution BCB No. 197, of March 11, 2022.
  

4.             Decree No. 10.139, of November 28, 2019, establishes as a rule that the entry into force of normative acts shall always occur on the first day of the month or on its first business day, with a minimum interval of one week after its publication. In view of the fact that Resolution BCB No. 330, of 2023, entered into force on July 1, 2023, reducing the list of submitters of the information referred to in IN BCB No. 81, of 2021, it is necessary that, based on the prerogative established in the sole paragraph of Article 4 of the aforementioned decree, this Normative Instruction enters into force on the date of its publication, so that the changes are valid from the July 2023 calculation date.
   

5.             Decree No. 10.411, of June 30, 2020, regulates the conduct of regulatory impact analysis (RIA) as a prerequisite for the issuance of normative acts. However, in its Article 4, the aforementioned decree establishes the hypotheses for exemption from conducting an RIA. This IN BCB falls under the hypotheses provided for in items III and VII, namely: III - normative act considered to be of low impact; and VII - normative act that reduces requirements, obligations, restrictions, requests, or specifications with the objective of reducing regulatory costs. Thus, based on the aforementioned items of Article 4 of Decree No. 10.411, of 2020, I understand that the issuance of this IN BCB is exempt from conducting an RIA.
   

Gilneu Francisco Astolfi Vivan
Head of the Financial System Monitoring Department (Desig)