Normative Instruction BCB No. 471 — Establishes Procedures for Registration and Classification Criteria for the Registry of Resolution Regime Managers (Caresp)

BCB NORMATIVE INSTRUCTION NO. 471, OF MAY 22, 2024

Establishes the procedures for registration and the criteria to be observed in the classification of interested parties registered in the Registry of Resolution Regime Managers (Caresp) for the formation of a list to be forwarded to the competent authority.

The Head of the Resolution and Sanctioning Action Department (Derad), using the powers conferred by arts. 23, item I, letter "a", and 101, item V, of the Internal Regulations of the Central Bank of Brazil, annexed to BCB Resolution No. 340, of September 21, 2023, having in view the provisions of arts. 3 and 4 of BCB Resolution No. 376, of April 30, 2024,

RESOLVES:

Art. 1. This normative instruction establishes the procedures for registration of interested parties in the Registry of Resolution Regime Managers (Caresp) and the criteria to be observed in the classification of those registered.

Art. 2. Natural persons interested in requesting their inclusion in Caresp must follow the instructions contained on the "Registry of Resolution Regime Managers" page on the website of the Central Bank of Brazil (BCB) and attach, as applicable, digital files of the following documents:

I - official identity document;

II - proof of residence;

III - diploma or certificate, duly registered, of completion of a higher education undergraduate course provided by an educational institution recognized by the Ministry of Education;

IV - any documents that prove technical knowledge and professional experience;

V - express authorization to the BCB to access information regarding them contained in any public or private registration and information system, including judicial or administrative proceedings and police inquiries, according to the model contained in Annex I to this Normative Instruction;

VI - declaration of compliance with the conditions, according to the model contained in Annex II to this Normative Instruction; and

VII - confidentiality agreement, according to the model contained in Annex III to this Normative Instruction.

Art. 3. Legal entities interested in requesting their inclusion in Caresp must follow the instructions contained on the "Registry of Resolution Regime Managers" page on the BCB website and attach digital files of the following documents:

I - consolidated articles of incorporation or social contract;

II - act of appointment of administrators, if not contained in the social contract;

III - the documents provided for in art. 2 regarding the technical manager indicated to the Central Bank of Brazil;

IV - the documents provided for in items I, II, V, VI, and VII of art. 2 regarding their administrators and shareholders or partners who hold more than 15% of the share capital;

V - express authorization to the BCB to access information regarding them contained in any public or private registration and information system, including judicial or administrative proceedings and police inquiries, according to the model contained in Annex I to this Normative Instruction; and

VI - declaration of compliance with the conditions, according to the model contained in Annex II to this Normative Instruction.

Art. 4. It is the responsibility of those registered to keep their registration data and contact information updated.

Sole Paragraph. Without prejudice to the provisions of the caput, the update of the registration data of those registered may be requested at any time.

Art. 5. In the examination of the registration request of interested parties in Caresp, the Resolution and Sanctioning Action Department (Derad) may request the presentation of originals or the sending of authenticated copies of the documentation presented, the update of the documentation provided, the conduct of a technical interview, or any other legitimate means of proving the required requirements.

Art. 6. If the registration request is not accepted, the interested party will be notified and may, at any time, submit a new request that addresses the causes of non-acceptance.

Art. 7. Derad may exclude, at any time, the name of persons registered in Caresp, if it is found that:

I - a circumstance that may affect the reputation of the registered person;

II - falsity in the declarations or documents presented in the registration process;

III - subsequent identification of non-compliance with the conditions established in BCB Resolution No. 376, of April 30, 2024; or

IV - subsequent occurrence that modifies the authorizations granted or the situations declared in the registration request.

Art. 8. The criteria to be observed in the classification of interested parties registered in Caresp for the purpose of forming the list referred to in art. 4 of BCB Resolution No. 376, of April 30, 2024, are:

I - technical capacity;

II - experience as manager or assistant manager of an institution subject to a resolution regime decreed by the BCB;

III - Derad's assessment of the quality of performance, in the case of experience as manager in resolution regimes decreed by the BCB, referred to in item II;

IV - number of resolution regimes possibly being conducted by the same person;

V - experience as judicial administrator;

VI - experience in the administration or supervision of institutions regulated by the BCB, in the branch or segment equivalent to the institution for which the selection is being prepared; and

VII - experience as manager of a resolution regime in other entities to which the provisions of Law No. 6,024, of March 13, 1974, apply.

Art. 9. The declaration of absence of ties, provided for in art. 8 of BCB Resolution No. 376, of April 30, 2024, must follow the model contained in Annex IV to this Normative Instruction.

Art. 10. This normative instruction enters into force on June 3, 2024.

CLIMERIO
LEITE PEREIRA

ANNEX
I
AUTHORIZATION

The undersigned, interested in having their name included in the Registry of Resolution Regime Managers of the Central Bank of Brazil (Caresp), authorizes this Autarchy:

I - to process the data regarding them contained in Caresp, in accordance with Law 13,709/2018 (General Data Protection Law), including for the purpose of sharing with managers of resolution regimes decreed by the Central Bank of Brazil and with other government bodies that deal with the resolution of institutions, upon request by these; and

II - to have access to information regarding them and regarding the companies controlled by them, contained in any public or private registration and information system, including judicial or administrative proceedings and police inquiries, information protected by banking and tax secrecy, when deemed necessary, for exclusive use in the examination of the respective process.

Place and date

(signature)

Full name:

CPF:

or

(signatures of legal representatives)

Identification of legal representatives:

Social name:

CNPJ:

ANNEX
II
DECLARATION
FOR REGISTRATION

The undersigned, interested in having their name included in the Registry of Resolution Regime Managers of the Central Bank of Brazil (Caresp), declares that they meet the conditions established in BCB Resolution No. 376, of April 30, 2024.

They further declare that, except for the occurrences listed below,

I - they are not subject to, nor is any company of which they were controller or administrator at the time of the facts, to criminal proceedings, police inquiries, and other analogous occurrences or circumstances; and

II - they are not subject to judicial or administrative proceedings that have a relationship with the National Financial System and other analogous occurrences or circumstances.

Occurrences:

The declarant assumes full responsibility for the fidelity of the declarations now made, with the Central Bank of Brazil authorized to use them, within legal limits and in court or out of court, in situations related to the ends and purposes established in BCB Resolution No. 376, of April 30, 2024.

Place and date

(signature)

Full name:

CPF:

or

(signatures of legal representatives)

Identification of legal representatives:

Social name:

CNPJ:

ANNEX
III
CONFIDENTIALITY AGREEMENT

The undersigned, registered in the Registry of Resolution Regime Managers of the Central Bank of Brazil (Caresp), governed by BCB Resolution No. 376, of April 30, 2024, if notified by the Resolution and Sanctioning Action Department (Derad) to exercise the duty referred to in art. 1 of said Resolution:

I - agrees to receive from the Central Bank of Brazil confidential information related to the institution regarding which a resolution regime may be decreed, in the form of Law No. 6,024, of March 13, 1974, and Decree-Law No. 2,321, of February 25, 1987;

II - commits to:

(i) maintain the confidentiality of the confidential information to which they have access, including regarding the identity of the institution;

(ii) not disclose the confidential information to any person;

(iii) not use the confidential information for any purpose other than the conduct of the resolution regime to be decreed;

(iv) ensure the maintenance of the confidential nature of the information, refraining from copying, recording, or reproducing them by any means;

III - in the event that the signatory is a legal entity:

(i) the signatory commits to not disclose the confidential information to their employees and agents, except for the administrators and the technical manager indicated by them at the time of registration in Caresp; and

(ii) before disclosing the information to the administrators and the technical manager, they will require from them the signing of a confidentiality agreement similar to this, in order to obligate them to maintain the confidentiality of the confidential information, including in the event that they cease to exercise the function of administrators or technical manager of the signatory;

IV - in the event that the signatory does not accept the appointment for the duty for which they were selected by the Central Bank of Brazil, or in the event that the confidential information is no longer necessary for the signatory to perform their functions, the signatory commits to immediately and definitively destroy all confidential information received and all information that refers to them, in a manner to ensure that such information is no longer subject to use;

V - in the event that the signatory is demanded, by law or by judicial decision, to disclose any confidential information, the signatory must, before disclosing the information,

(i) notify the Central Bank of Brazil about the need for disclosure; and

(ii) adopt all legally accepted means to avoid disclosure;

VI - for the purposes of this Confidentiality Agreement, "confidential information" is considered any documents or information, written or oral, disclosed by the Central Bank of Brazil to the signatory, directly or indirectly, by any means of communication or observation, and related to the institution regarding which a resolution regime may be decreed;

VII - the signatory declares to be aware that they will be personally and directly liable, in the civil and criminal spheres, for damages resulting from the use of any confidential information to which they have access before or during the exercise of the duty referred to in art. 1 of BCB Resolution No. 376, of April 30, 2024.

Place and date

(signature)

Full name:

CPF:

or

(signatures of legal representatives)

Identification of legal representatives:

Social name:

CNPJ:

ANNEX
IV
DECLARATION
OF ABSENCE OF TIES WITH THE INSTITUTION

The undersigned, having been selected to exercise the duty of [intervenor / liquidator / member of the board of directors] of the resolution regime [in progress / to be decreed] in [name of the institution] (the "Institution"), declares that:

I - they have no blood, affinity, or civil kinship ties, in ascending, descending, or collateral lines, up to the fourth degree, with the controllers, administrators, or managers of the Institution, nor with the independent audit service providers;

II - they did not maintain an employment relationship, did not provide services, nor acted as controller or administrator of the Institution in the ten years preceding the decree;

III - they are not a creditor or debtor of the Institution for any amount, and have no blood, affinity, or civil kinship ties, in ascending, descending, or collateral lines, up to the second degree, with a creditor or debtor of the Institution in an amount exceeding R$10,000.00 (ten thousand reais);

IV - they do not maintain a professional relationship:

(i) with the controllers, administrators, or managers of the Institution,

(ii) with the independent audit service providers, or

(iii) with any interested parties in the outcome of the resolution regime;

V - they are not interested in the outcome of the resolution regime;

VI - they are not a close friend nor a bitter enemy of the controllers, administrators, or managers of the Institution, nor of the independent audit service providers; and

VII - they meet the conditions established in art. 5 or 6 of BCB Resolution No. 376, of April 30, 2024.

They further declare that, except for the occurrences listed below,

I - they are not subject to, nor is any company of which they were controller or administrator at the time of the facts, to criminal proceedings, police inquiries, and other analogous occurrences or circumstances; and

II - they are not subject to judicial or administrative proceedings that have a relationship with the National Financial System and other analogous occurrences or circumstances.

Occurrences:

The declarant assumes full responsibility for the fidelity of the declarations now made, with the Central Bank of Brazil authorized to use them, within legal limits and in court or out of court, in situations related to the ends and purposes established in BCB Resolution No. 376, of April 30, 2024.

Place and date

(signature)

Full name:

CPF:

or

(signatures of legal representatives)

Identification of legal representatives:

Social name:

CNPJ:

NOTE

According to Law No. 6,024, of March 13, 1974, and Decree-Law No. 2,321, of February 25, 1987, the Resolution Regime may occur through Intervention (conducted by an intervener), Extrajudicial Liquidation (conducted by a liquidator), or Special Temporary Administration Regime (conducted by a Board of Directors).

The manager of the resolution regime must be appointed by the Central Bank of Brazil (BCB).

BCB Resolution No. 376, of April 30, 2024, defines the conditions for interested parties to register in the Registry of Resolution Regime Managers (Caresp), intended to provide names of natural and legal persons interested in appointment for the duty by the BCB.

The Normative Instruction defines the procedures for registration in Caresp and the criteria to be observed in the classification of interested parties for the formation of the list provided for in art. 4 of BCB Resolution No. 376, of April 30, 2024, and operational parameters for the appointment process of the manager.

CLIMERIO
LEITE PEREIRA
Head of the Resolution and Sanctioning Action Department (Derad)