Normative Instruction BCB No. 476 of May 24, 2024

Resolution No. 222

Normative Instruction BCB No. 476, of May 24, 2024

Amends the Filling Instructions and the Layout of document code 2061 - Operational Limits Statement (DLO), as provided for in Normative Instruction BCB No. 81, of February 23, 2021.

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, published through Resolution BCB No. 340, of September 21, 2023, based on Article 85, item I, letter “b” of said Regulations, and in view of the provisions of Provisional Measure No. 1,213, of April 22, 2024, Resolutions CMN Nos. 4,955, 4,957 and 4,958, all of October 21, 2021, Resolutions BCB Nos. 200, of March 11, 2022, and 313, of April 26, 2023, and Normative Instruction BCB No. 81, of February 23, 2021,

RESOLVES:

Article 1. New versions of the Filling Instructions and the Layout of document code 2061 - Operational Limits Statement (DLO) shall enter into force, starting from the reference date of July 2024, available on the Central Bank of Brazil’s internet page, at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd.

Article 2. The following modifications were made to the Filling Instructions:

I - in Chapter IV - Specific Guidelines: amendment of the wording of item 2.1.2.8;

II - in Table 003 - Accounts:

a) amendment of the description of the function of account 862;

b) inclusion of accounts 862.10, 862.10.01, 862.10.02, 862.10.03, 862.20 and 862.30;

III - in Table 010 - Exposure Weighting Factors: inclusion of domain 94050100;

IV - in Table 024 - Element type: inclusion of domain 71.

Article 3. The following modifications were made to the Layout:

I - in Annex 3 - Account Code: inclusion of accounts 862.10, 862.10.01, 862.10.02, 862.10.03, 862.20 and 862.30;

II - in Annex 10 - Exposure Weighting Factor Code: inclusion of code 94050100;

III - in Annex 24 - Element Type for accounting reconciliation and accounting elements not characterized as exposure: inclusion of code 71.

Article 4. This Normative Instruction enters into force on July 1, 2024.

ANDRÉ MAURÍCIO TRINDADE DA ROCHA

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 Normative Instruction BCB (IN BCB) No. 81, of February 23, 2021, aiming to present, in a synthetic manner, the information regarding the details of the calculation of limits monitored by the BCB, on the reference date of calculation.

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).

3. Resolution BCB No. 313, of April 26, 2023, established the procedures for the calculation, using the standardized approach, of the daily value of the risk-weighted assets (RWA) portion related to credit risk exposures of financial instruments classified in the trading book (RWADRC), as provided for in Resolution CMN No. 4,958, of October 21, 2021, and Resolution BCB No. 200, of March 11, 2022.

4. Provisional Measure (MPV) No. 1,213, of April 22, 2024, among other measures, instituted the Individual Microentrepreneurs - Microenterprises and Small Business 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).

5. This Normative Instruction (IN) aims to:

I - include accounts and domains related to credit risk exposures of financial instruments classified in the trading book (RWADRC);

II - include domain related to tax credits resulting from temporary differences that may generate presumed credit due to renegotiations of credit operations by financial institutions and other institutions authorized to operate by the Central Bank of Brazil (BCB), except for credit cooperatives and consortium administrators, as provided for in the Desenrola Pequenos Negócios Program; and

III - promote wording adjustments in the Filling Instructions for document 2061 – Operational Limits Statement (DLO), without altering the substance.

6. Decree No. 10,411, of June 30, 2020, regulates the implementation of regulatory impact analysis (AIR) as a prerequisite for the issuance of normative acts. However, in its Article 4, said decree establishes the hypotheses for exemption from conducting an AIR. This IN BCB falls under 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 allow, technically or legally, different regulatory alternatives; and III - normative act considered to have low impact.

7. In view of the fact that Resolution BCB No. 313, of 2023, established the procedures for the daily calculation of RWADRC, and that MPV No. 1,213, of 2024, established that the Central Bank of Brazil must supervise compliance by institutions of the conditions established for credit operations resulting from renegotiations within the scope of the Desenrola Pequenos Negócios program, this Autarchy had no other alternative but to request that institutions send to this Central Bank the information covered by the cited normative acts, thus justifying the classification of IN BCB under item II of Article 4 of Decree No. 10,411, of 2020.

8. Furthermore, after internal analyses, it was concluded that the submission through specific accounts and domains in the DLO of information related to RWADRC and tax credits resulting from temporary differences that may generate presumed credit due to renegotiations of credit operations within the scope of the Desenrola Pequenos Negócios Program, is the simplest and lowest-cost implementation method, both for institutions and for this Central Bank, justifying the classification of IN BCB under item III of Article 4 of said Decree.

9. Thus, based on the provisions of paragraphs 6, 7 and 8, I understand that the issuance of this IN BCB is exempt from conducting an AIR.

ANDRÉ MAURÍCIO TRINDADE DA ROCHA
Head of the Financial System Monitoring Department (Desig)