Normative Instruction BCB No. 472 of May 23, 2024

NORMATIVE INSTRUCTION BCB NO. 472, OF MAY 23, 2024

Amends the Layout, the Filling Instructions, and the Complementary Instructions regarding credit operation information for Document 3040 - Credit Risk Data, of the Credit Information System (SCR), as governed by Circular No. 3,870, of December 19, 2017, and Circular Letter No. 3,869, of March 19, 2018.

The Head of the Financial System Monitoring Department (Desig), in the exercise of the authority granted by Article 23, item I, letter 'a', of the Internal Regulations of the Central Bank of Brazil, annexed to Resolution BCB No. 340, of September 21, 2023, based on Article 85, item I, letter 'b', of said Regulations, in view of the provisions of Provisional Measure No. 1,213, of April 22, 2024, of Resolutions CMN Nos. 5,037, of September 29, 2022, 5,133 and 5,134, both of May 13, 2024, of Circular No. 3,870, of December 19, 2017, of Resolution BCB No. 378, of May 13, 2024, and of Circular Letter No. 3,869, of March 19, 2018,

R E S O L V E:

Article 1. From the data base of May 2024, the new versions of the Layout, the Filling Instructions, and the Complementary Instructions for Document 3040 - Credit Risk Data, available on the Central Bank of Brazil's internet page, at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/scrdoc3040, shall enter into force.

Article 2. The following modifications were made to the layout of Document 3040:

I - in Annex 35 - Restructuring Reason: inclusion of domain 02, with the description "Restructurings: climate events in the state of Rio Grande do Sul (Resolution BCB No. 378/2024 and Resolution CMN No. 5133/2024)";

II - in Annex 37 - Regulatory Use Type, the following were included:

a) domain 09, with the description "Operations contracted under the Desenrola Pequenos Negócios Program (MPV No. 1,213/2024)";

b) domain 10, with the description "Renegotiations: climate events in the state of Rio Grande do Sul (Resolution CMN No. 5134/2024)".

Article 3. The annex "Complementary Instructions regarding credit operation information directed at emergency programs" shall be renamed "Complementary Instructions regarding credit operation information directed at government programs" with the following alterations:

I - in item 7. Operations contracted under the Pronampe (Law 13,999/2020 - National Program for Support to Microenterprises and Small Businesses): exclusion of letter 'h'; and

II - inclusion of item 14 with the designation "Operations renegotiated under the Desenrola Pequenos Negócios Program (MPV No. 1,213/2024)".

Article 4. This Normative Instruction enters into force on the date of its publication.

ANDRÉ MAURÍCIO TRINDADE DA ROCHA

NOTE

The Credit Information System (SCR) is a system in which credit operations of clients at financial institutions are registered (sum of credit operations, interfinancial transfers, co-obligations, limits, and credits to be released). The SCR is managed by the Central Bank and fed monthly by financial institutions, being continuously updated in order to fulfill the functions provided for in Article 2 of Resolution CMN No. 5,037, of September 29, 2022, and in accordance with Circular No. 3,870, of December 19, 2017.

2. Provisional Measure (MPV) No. 1,213, of April 22, 2024, among other provisions, instituted the Individual Microentrepreneurs - MEIs, Microenterprises and Small Businesses Debt Renegotiation Program - Desenrola Pequenos Negócios, with the objective of encouraging the renegotiation, until December 31, 2024, of debts of companies with annual gross revenue equal to or less than R$ 4,800,000.00 (four million and eight hundred thousand reais).

3. Resolution CMN No. 5,133, of May 13, 2024, as well as Resolution BCB No. 378, of May 13, 2024, established, for a limited period, given the impacts of the climate emergency in Rio Grande do Sul, temporary criteria for characterizing the restructuring of operations held by counterparties affected by such events, for the purposes of credit risk management.

4. Resolution CMN No. 5,134, of May 13, 2024, in turn, provided for the criteria for measuring the provision for doubtful collection credits of operations renegotiated by financial institutions and other institutions authorized to operate by the Central Bank of Brazil, also due to the economic consequences derived from climate events in the state of Rio Grande do Sul.

5. To identify the credit operations covered by these Resolutions, it is necessary to mark these operations in the SCR.

6. This Normative Instruction aims to:

I - include in the layout of Document 3040 a domain to identify operations related to the Desenrola Pequenos Negócios Program;

II - include in the layout domains to identify operations subject to Resolutions CMN Nos. 5,133 and CMN 5,134, of 2024, and Resolution BCB No. 378, of 2024;

III - include in the Complementary Instructions regarding credit operation information directed at government programs, guidelines for the correct completion, in Document 3040, of operations related to the Desenrola Pequenos Negócios Program; and

IV - promote wording adjustments in the Complementary Instructions regarding credit operation information directed at government programs of Document 3040 - Credit Risk Data without alteration of merit.

7. Decree No. 10,139, of November 28, 2019, establishes as a rule that normative acts enter into force always on the first day of the month or on its first business day, with a minimum interval of one week after publication for effects to be produced. In view of the fact that Provisional Measure No. 1,213 was published on April 22, 2024, entering into force on the date of its publication, and that such provisional measure establishes that the Central Bank of Brazil must monitor compliance by institutions of the conditions established for credit operations, it is necessary that, based on the prerogative established in the sole paragraph of Article 4 of said decree, this Normative Instruction enters into force on the date of its publication, so that the alterations are valid from the data base of May 2024.

8. 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, said decree establishes the hypotheses for exemption from conducting an RIA. This BCB IN falls within the hypotheses provided for in items II and III, namely: II - normative act intended to regulate rights or obligations defined in a hierarchically superior norm that does not permit, technically or legally, different regulatory alternatives; and III - normative act considered to have low impact.

9. The classification of this IN under item II of Article 4 of Decree No. 10,411, of 2020, is justified because the proposed alterations aim to enable the identification of credit operations subject to renegotiation by financial institutions and other institutions authorized to operate by the Central Bank of Brazil, except for credit cooperatives and consortium administrators, under the Desenrola Pequenos Negócios Program, as well as credit operations held by counterparties affected by the climate events in Rio Grande do Sul. In view of the fact that Document 3040 is currently used to receive information on credit operations, it is understood that said document is the most adequate means to receive them. Furthermore, this is the simplest and lowest-cost implementation method, both for the institutions and for this Central Bank, which also justifies its classification under item III of Article 4 of said Decree.

10. Thus, based on the provisions of paragraphs 8 and 9, I understand that the issuance of this Normative Instruction is exempt from conducting a regulatory impact analysis.

ANDRÉ MAURÍCIO TRINDADE DA ROCHA

Head of the Financial System Monitoring Department (Desig)