NORMATIVE INSTRUCTION BCB NO. 41, OF NOVEMBER 5, 2020

Establishes the schedule for integration homologation tests that must be observed by financial institutions, accredited and sub-accredited institutions, and registering entities for the performance of the operations and activities governed by Resolution No. 4,734 and Circular No. 3,952, both dated June 27, 2019.

The Heads of the Department of Financial System Regulation (Denor), the Department of Competition and Financial Market Structure (Decem), and Strategic Management and Specialized Supervision (Degef), in use of the powers 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 on Art. 8 of CMN Resolution No. 4,734, of June 27, 2019, and Art. 15-B of Circular No. 3,952, of June 27, 2019,

RESOLVE:

Art. 1. This Normative Instruction establishes the schedule for integration homologation tests that must be observed by financial institutions, accredited and sub-accredited institutions, and registering entities for the performance of the operations and activities governed by CMN Resolution No. 4,734 and Circular No. 3,952, both dated June 27, 2019.

Art. 2. For the purposes of this Normative Instruction, consider:

I - bilateral homologation tests: tests established by a registering entity to homologate integration with its participants;

II - interoperability homologation tests: functional and load tests performed between registration systems to ensure the proper functioning of the interoperability environment defined in the convention of the registering entities;

III - integration homologation tests: mandatory set of tests established jointly by the registering entities, providing, at minimum:

a) end-to-end verification of the rules and business processes established by CMN Resolution No. 4,734 and Circular No. 3,952, both dated 2019, including, among others, the registration of receivables from payment arrangements; the constitution of liens and encumbrances, as well as information regarding the change of ownership of these assets, based on the financing contracts; the financial settlement of these assets; and the validation of processing schedules;

b) functional and load tests between registration systems and their participants, as well as other types of tests deemed necessary; and

c) simulation of the migration process of operations entered into under the terms of CMN Resolution No. 4,707, of December 19, 2018, to the system developed for processing operations from the effective date of CMN Resolution No. 4,734, of 2019; and

IV - accredited institutions: institutions listed in Art. 2, item I, of Circular No. 3,952, of 2019.

Art. 3. The registering entities signatories of the convention referred to in Chapter V of Circular No. 3,952, of 2019, shall submit the following information to the Central Bank of Brazil:

I - by November 9, 2020:

a) Identification of the director responsible for carrying out the homologation tests, addressed to the Strategic Management and Specialized Supervision Department of the Central Bank of Brazil; and

b) joint proposal for an integration homologation test plan, for approval by the Central Bank of Brazil;

II - by November 20, 2020:

a) readiness declaration for the start of integration homologation tests, signed by the designated responsible director, considering, inclusive, the results of interoperability tests and bilateral homologation tests referred to in § 1 of this article;

b) joint report on the results of interoperability tests; and

c) report on the readiness level of each participant, including sub-accredited institutions, for the start of integration homologation tests; and

III - by January 18, 2021:

a) report on the results obtained by participants with whom they have a contractual relationship, including sub-accredited institutions, in carrying out integration homologation tests;

b) formalized business continuity strategy and the results of tests defined to operationalize this strategy, which must include scenarios involving the centralized control base; and

c) internal audit report on:

1. the capacity of the computational environment of the registration system to meet the requirements of Circular No. 3,952, of 2019; and

2. the effectiveness of actions taken to mitigate potential weaknesses identified in vulnerability tests carried out in their systems to prevent cyber incidents.

III - by February 1, 2021: (Amended by Normative Instruction BCB No. 70, of 1/15/2021.)

a) report on the results obtained by participants with whom they have a contractual relationship, including sub-accredited institutions, in carrying out integration homologation tests; (Amended by Normative Instruction BCB No. 70, of 1/15/2021.)

b) formalized business continuity strategy and the results of tests defined to operationalize this strategy, which must include scenarios involving the centralized control base; (Amended by Normative Instruction BCB No. 70, of 1/15/2021.)

c) internal audit report on: (Amended by Normative Instruction BCB No. 70, of 1/15/2021.)

1. the capacity of the computational environment of the registration system to meet the requirements of Circular No. 3,952, of 2019; and (Amended by Normative Instruction BCB No. 70, of 1/15/2021.)

2. the effectiveness of actions taken to mitigate potential weaknesses identified in vulnerability tests carried out in their systems to prevent cyber incidents; and (Amended by Normative Instruction BCB No. 70, of 1/15/2021.)

d) readiness declaration, signed by the designated responsible director to carry out the registration of operations involving receivables from payment arrangements part of the Brazilian Payments System, in accordance with CMN Resolution No. 4,734, of 2019, and Circular No. 3,952, of 2019, given the successful completion of the entire set of interoperability homologation tests defined in this Normative Instruction. (Added by Normative Instruction BCB No. 70, of 1/15/2021.)

§ 1. The test plan referred to in item "b", item I, of the caput, must include prior stages for carrying out bilateral homologation tests and interoperability tests, considering the dates established in this Normative Instruction for the provision of information to the Central Bank of Brazil.

§ 2. For the purposes of defining the readiness level referred to in item "c", item II, of the caput, the performance obtained by the participant in bilateral homologation tests must be considered.

Art. 4. The registering entities referred to in Art. 3 shall disclose to participants with whom they have a contractual relationship, including sub-accredited institutions, the following information:

I - by November 20, 2020:

a) report referred to in item "b", item II, of Art. 3; and

b) integration homologation test plan, after approval by the Central Bank of Brazil;

II - results obtained by these participants in integration homologation tests, by January 18, 2021; and

II - results obtained by these participants in integration homologation tests, by February 1, 2021; (Amended by Normative Instruction BCB No. 70, of 1/15/2021.)

III - procedures for production deployment of their systems, including, among others, production environment configurations, data cataloging, and deployment of new systems and related activities, by February 5, 2021.

Art. 5. Financial institutions intending to perform negotiation operations of receivables from arrangements governed by CMN Resolution No. 4,734, of 2019, shall present the following information to the Central Bank of Brazil:

I - communication of intent to participate in integration homologation tests, including identification of the statutory director responsible for carrying out these tests, by November 9, 2020, in the case of institutions that perform credit operations linked to receivables governed by CMN Resolution No. 4,707, of 2018;

II - communication of intent to participate in integration homologation tests, including identification of the statutory director responsible for carrying out these tests, by November 17, 2020, in the case of institutions that do not perform credit operations linked to receivables governed by CMN Resolution No. 4,707, of 2018; and

III - by January 18, 2021:

III - by February 1, 2021: (Amended by Normative Instruction BCB No. 70, of 1/15/2021.)

a) updated business continuity plan, including the treatment to be given in case of unavailability of a registering entity for more than one day; and

b) readiness declaration for performing the operations referred to in the caput starting from February 17, 2021, signed by the designated responsible director, if it has successfully overcome all stages provided for in the integration homologation test plan.

Sole Paragraph. The communication of intent to participate in integration homologation tests, including identification of the director responsible for carrying out these tests, must be sent to the supervisor responsible for the inspection of the institution at the Banking Supervision Department (Desup) or the Cooperatives and Non-Bank Institutions Supervision Department (Desuc) of the Central Bank of Brazil, as applicable.

Art. 6. Accredited institutions shall present the following information to the Central Bank of Brazil:

I - identification of the director responsible for carrying out integration homologation tests, by November 9, 2020; and

II - by January 18, 2021:

II - by February 1, 2021: (Amended by Normative Instruction BCB No. 70, of 1/15/2021.)

a) updated business continuity plan, including the treatment to be given in case of unavailability of a registering entity for more than one day; and

b) readiness declaration for performing the activities referred to in Circular No. 3,952, of 2019, starting from February 17, 2021, signed by the designated responsible director, if it has successfully overcome all stages provided for in the integration homologation test plan.

Art. 7. After the closing of the period provided for carrying out mandatory integration homologation tests, participating registering entities shall keep the technological environment available until February 5, 2021, so that participants can carry out any additional tests.

Art. 7. (Revoked by Normative Instruction BCB No. 78, of 2/17/2021.)

Art. 8. Financial institutions participating in mandatory integration homologation tests that do not successfully complete all tests provided for by January 18, 2021, shall communicate to their clients, within two business days after that date, the temporary suspension of performing the operations governed by CMN Resolution No. 4,734, of 2019, starting from February 17, 2021, until the satisfactory conclusion of the new test cycle referred to in Art. 12.

Art. 8. Financial institutions participating in mandatory integration homologation tests that do not successfully complete all tests provided for by February 1, 2021, whether due to their own reasons or due to reasons of the registering entity with which they maintain a contractual relationship, shall communicate to their clients, within two business days after that date, the temporary suspension of performing the operations governed by CMN Resolution No. 4,734, of 2019, starting from February 17, 2021, until the satisfactory conclusion of the new test cycle referred to in Art. 12. (Amended by Normative Instruction BCB No. 70, of 1/15/2021.)

Art. 8. Financial institutions participating in mandatory integration homologation tests that do not successfully complete all tests provided for by February 1, 2021, whether due to their own reasons or due to reasons of the registering entity with which they maintain a contractual relationship, shall communicate to their clients the temporary suspension of performing the operations governed by CMN Resolution No. 4,734, of 2019, starting from February 17, 2021, until the satisfactory conclusion of the new test cycle referred to in Art. 12. (Amended by Normative Instruction BCB No. 75, of 2/3/2021.)

Sole Paragraph. If the institution determines before February 1, 2021, that it will not be able to successfully complete the tests provided for, it shall timely communicate to its clients the probable temporary suspension of performing the operations governed by CMN Resolution No. 4,734, of 2019, starting from February 17, 2021, until the satisfactory conclusion of the new test cycle referred to in Art. 12. (Added by Normative Instruction BCB No. 70, of 1/15/2021.)

Art. 8. (Revoked by Normative Instruction BCB No. 78, of 2/17/2021.)

Art. 9. Accredited institutions participating in mandatory integration homologation tests that do not successfully complete all tests provided for by January 18, 2021, shall communicate to their clients, including sub-accredited institutions for which they provide services, as well as to the issuers of payment arrangements they participate in or interoperate with, within two business days after that date, the temporary suspension of performing their accreditation activities in payment arrangements whose receivables are subject to registration, starting from February 17, 2021, until the satisfactory conclusion of the new test cycle referred to in Art. 12.

Art. 9. Accredited institutions participating in mandatory integration homologation tests that do not successfully complete all tests provided for by February 1, 2021, whether due to their own reasons or due to reasons of the registering entity with which they maintain a contractual relationship, shall communicate to their clients, including sub-accredited institutions for which they provide services, as well as to the issuers of payment arrangements they participate in or interoperate with, within two business days after that date, the temporary suspension of performing their accreditation activities in payment arrangements whose receivables are subject to registration, starting from February 17, 2021, until the satisfactory conclusion of the new test cycle referred to in Art. 12.(Amended by Normative Instruction BCB No. 70, of 1/15/2021.)

Art. 9. Accredited institutions participating in mandatory integration homologation tests that do not successfully complete all tests provided for by February 1, 2021, whether due to their own reasons or due to reasons of the registering entity with which they maintain a contractual relationship, shall communicate to their clients, including sub-accredited institutions for which they provide services, as well as to the issuers of payment arrangements they participate in or interoperate with, the temporary suspension of performing their accreditation activities in payment arrangements whose receivables are subject to registration, starting from February 17, 2021, until the satisfactory conclusion of the new test cycle referred to in Art. 12. (Amended by Normative Instruction BCB No. 75, of 2/3/2021.)

Sole Paragraph. If the institution determines before February 1, 2021, that it will not be able to successfully complete the tests provided for, it shall timely communicate to its clients the probable temporary suspension of performing the operations governed by CMN Resolution No. 4,734, of 2019, starting from February 17, 2021, until the satisfactory conclusion of the new test cycle referred to in Art. 12. (Added by Normative Instruction BCB No. 70, of 1/15/2021.)

Art. 9. (Revoked by Normative Instruction BCB No. 78, of 2/17/2021.)

Art. 10. Accredited institutions participating in mandatory integration homologation tests that successfully complete all tests provided for by January 18, 2021, shall communicate to sub-accredited institutions for which they provide services that do not successfully execute all mandatory integration homologation tests provided for also by January 18, 2021, the temporary suspension of providing these services starting from February 17, 2021.

Art. 10. Accredited institutions participating in mandatory integration homologation tests that successfully complete all tests provided for by February 1, 2021, shall communicate to sub-accredited institutions for which they provide services that do not successfully execute all mandatory integration homologation tests provided for also by February 1, 2021, the temporary suspension of providing these services starting from February 17, 2021~~~~. (Amended by Normative Instruction BCB No. 70, of 1/15/2021.)

Sole Paragraph. The accredited institution shall timely communicate the temporary suspension of service provision, starting from February 17, 2021 until the satisfactory conclusion of the new test cycle referred to in Art. 12, to sub-accredited institutions that demonstrate they will not be able to successfully complete the tests provided for by February 1, 2021. (Added by Normative Instruction BCB No. 70, of 1/15/2021.)

Art. 10. (Revoked by Normative Instruction BCB No. 78, of 2/17/2021.)

Art. 11. Registering entities that do not successfully fulfill the stages provided for carrying out interoperability tests and integration homologation tests by January 18, 2021, shall communicate to their participants, within two business days, the temporary suspension of performing, starting from February 17, 2021, the registration activities of receivables from payment arrangements in the manner governed by Circular No. 3,952, of 2019, until the satisfactory conclusion of the new test cycle referred to in Art. 12.

Art. 11. Registering entities that do not successfully fulfill the stages provided for carrying out interoperability tests and integration homologation tests by February 1, 2021, shall communicate to their participants, within two business days, the temporary suspension of performing, starting from February 17, 2021, the registration activities of receivables from payment arrangements in the manner governed by Circular No. 3,952, of 2019, until the satisfactory conclusion of the new test cycle referred to in Art. 12.(Amended by Normative Instruction BCB No. 70, of 1/15/2021.)

Art. 11. Registering entities that do not successfully fulfill the stages provided for carrying out interoperability tests and integration homologation tests by February 1, 2021, shall communicate to their participants the temporary suspension of performing, starting from February 17, 2021, the registration activities of receivables from payment arrangements in the manner governed by Circular No. 3,952, of 2019, until the satisfactory conclusion of the new test cycle referred to in Art. 12~~~~.(Amended by Normative Instruction BCB No. 75, of 2/3/2021.)

Sole Paragraph. If the institution determines before February 1, 2021, that it will not be able to successfully complete the tests provided for, it shall timely communicate to its clients the probable temporary suspension of performing the operations governed by CMN Resolution No. 4,734, of 2019, starting from February 17, 2021, until the satisfactory conclusion of the new test cycle referred to in Art. 12. (Added by Normative Instruction BCB No. 70, of 1/15/2021.)

Art. 11. (Revoked by Normative Instruction BCB No. 78, of 2/17/2021.)

Art. 11-A. (Revoked by Instruction Normative BCB No. 78, of 2/17/2021.)

Art. 12. Financial institutions, accredited and sub-accredited entities, and registrars that have their activities suspended as of June 7, 2021, under the terms of Resolution CMN No. 4,734, of June 27, 2019, and Circular No. 3,952, of June 27, 2019, must carry out a new cycle of homologation tests, the regulations for which will be disclosed by the Central Bank of Brazil in due course. (Wording given by Instruction Normative BCB No. 121, of 7/1/2021.)

João André Calvino Marques Pereira
Head of the Department of Regulation of the Financial System

Ângelo José Mont Alverne Duarte
Head of the Department of Competition and Market Structure

Adalberto Felinto da Cruz Júnior
Head of the Department of Strategic Management and Specialized Supervision