Normative Instruction BCB No. 490 of July 22, 2024

Resolution No. 222

NORMATIVE INSTRUCTION BCB NO. 490, OF JULY 22, 2024

Amends
Normative Instruction BCB No. 299, of August 30, 2022, which disseminates procedures, documents, deadlines, and information necessary for the processing of authorization requests related to the operation of the institutions covered by CMN Resolution No. 4,970, of November 25, 2021.

The Head of the Department of Organization of the Financial System – Deorf, using the authority granted by Articles 23, item I, letter “a”, and 98, item VI, of the Internal Regulations of the Central Bank of Brazil, annexed to BCB Resolution No. 340, of September 21, 2023, based on item 3 of Section 1 of Chapter 1 of the Rural Credit Manual – MCR, in Article 14 of Resolution No. 4,072, of April 26, 2012, in Article 2 of BCB Resolution No. 3, of August 12, 2020, in Article 27 of CMN Resolution No. 4,970, of November 25, 2021, in Article 20 of CMN Resolution No. 5,044, of November 25, 2022, and in Article 28 of CMN Resolution No. 5,061, of February 16, 2023,

RESOLVES:

Article 1. Normative Instruction BCB No. 299, of August 30, 2022, published in the Official Gazette of the Union on August 31, 2022, shall enter into force with the following alterations:

“Article 5.

II - declaration, signed by the controllers, stating that they meet the economic-financial capacity requirement, compatible with the capital necessary for the structuring and operation of the institution, as well as contingencies arising from market dynamics, in the form of the Sisorf 8.20.20.1 model, except in the case of a company controlled by an institution authorized by the Central Bank of Brazil, or for a controller who is a natural person resident or domiciled abroad, a legal entity headquartered abroad, or an investment fund;

XV - compliance report of the central credit cooperative or the confederation, in the event of a commitment to membership of a credit cooperative, in the form of Annex III;

XVII - declaration, signed by the controllers, regarding the definition of control and agreements and other instruments executed by shareholders or partners, in the form of the Sisorf 8.20.20.11 model; and

XVIII - declaration, in the Sisorf 8.20.10.1 model, regarding the filing, communication, and provision of agreements and other instruments executed by shareholders or partners.” (NR)

“Article 8.

II - declaration, signed by the new controllers, stating that they meet the economic-financial capacity requirement, compatible with the capital necessary for the structuring and operation of the institution, as well as contingencies arising from market dynamics, in the form of the Sisorf 8.20.20.1 model, except in the case of transfer of control to an institution authorized by the Central Bank of Brazil, or to a new controller who is a natural person resident or domiciled abroad, a legal entity headquartered abroad, or an investment fund;

XII - declaration, signed by the controllers, regarding the definition of control and agreements and other instruments executed by shareholders or partners, in the form of the Sisorf 8.20.20.11 model; and

XIII - declaration, in the Sisorf 8.20.10.2 model, regarding the filing, communication, and provision of agreements and other instruments executed by shareholders or partners.” (NR)

“Article 9.

IV - protocol and justification and expert appraisal reports of the appointed experts, except for credit cooperatives and service confederations;

V - report of the commission, in the case of credit cooperatives and service confederations; and

VI - compliance report of the central credit cooperative or the confederation, in the case of an affiliated credit cooperative, in the form of Annex III.” (NR)

“Article 11.

Sole Paragraph. Information regarding the dates of assumption of office, resignation, dismissal, and temporary absences exceeding fifteen days of holders of positions in statutory or contractual bodies, as well as the transfer to another position in the same statutory or contractual body, must be communicated to the Central Bank of Brazil, via Unicad, within five days of the event.” (NR)

“Article 12.

IV - documentation proving the origin of the resources used by the controllers and holders of qualified participation in the integration of social capital, except for a controller or holder of qualified participation who is an institution authorized by the Central Bank of Brazil, in the following cases:

a) capital increase in a value greater than 50% of the social capital, considering, if applicable, the sum of successive increases in the six months prior to the authorization request;

b) capital increase in situations of non-compliance with operational limits; or

c) capital increase provided for in a regularization plan.” (NR)

“Article 15.

Sole Paragraph. The date of commencement of activities of the authorized operational portfolio must be communicated to the Central Bank of Brazil, via Unicad, within five days of the event.” (NR)

“Article 19.

Sole Paragraph. The date of commencement of activities at the new headquarters location must be communicated to the Central Bank of Brazil, via Unicad, within five days of the event.” (NR)

“Article 20. The request for cancellation of the authorization for operation must be processed, within a period of up to fifteen days from the respective act or deliberation, with the following documents:” (NR)

“Article 20-C.

Sole Paragraph. The date of commencement of activities of the authorized branch must be communicated to the Central Bank of Brazil, via Unicad, within five days of the event.” (NR)

“Section XIX
Of the Authorization to install a branch in the Country

Article 20-E. The request for authorization to install a branch in the Country must be processed, within a period of up to fifteen days from the respective act or deliberation, with the request, in the form of the Sisorf 8.20.10.31 model.” (NR)

“Section XX
Of the Authorization to operate in rural credit

Article 20-F. The request for authorization to operate in rural credit must be processed, within a period of up to fifteen days from the respective act or deliberation, with the following documents and information:

I - request, in the form of the Sisorf 8.20.10.32 model; and

II - declaration, in the Sisorf 8.20.10.32 model, stating that the institution meets the requirements established in specific regulation.” (NR)

“Section XXI
Of the Authorization to collect savings deposits by a credit cooperative

Article 20-G. The request for authorization to collect savings deposits by credit cooperatives must be processed, within a period of up to fifteen days from the respective act or deliberation, with the following documents and information:

I - request, in the form of the Sisorf 8.20.10.33 or 8.20.10.34 model;

II - justified justification, containing the demonstration of market reasons for the collection of savings deposits in the requested modalities; and

III - declaration, in the Sisorf 8.20.10.33 or 8.20.10.34 model, stating that the institution meets the conditions established in specific regulation.” (NR)

Article 2. Annex I to Normative Instruction BCB No. 299, of August 30, 2022, published in the Official Gazette of the Union on August 31, 2022, shall enter into force with the following alterations:

“Article 1.

II -

f) structure of internal controls, risk management, and indication of the policy, risk assessment, systems, procedures, and controls for the detection and prevention of operations whose characteristics may indicate the existence of crimes typified in Law No. 9,613, of March 3, 1998;

III -

d) identification of entities providing technical or financial support or other, with indication of the nature of support, deadline, values, and forecast of independence regarding support, in the case of credit cooperatives and service confederations;

§ 3. In the case of authorization for the operation of a central credit cooperative or confederation, the business plan must also include:” (NR)

Article 3. Annex II to Normative Instruction BCB No. 299, of August 30, 2022, published in the Official Gazette of the Union on August 31, 2022, shall enter into force with the following alterations:

“Article 1.

IV - indication, in the case of credit cooperatives and service confederations, of the forms of meeting of the associates and measures aimed at promoting the effective participation of associates in assemblies;

IX - structure of internal controls, risk management, and indication of the policy, risk assessment, systems, procedures, and controls for the detection and prevention of operations whose characteristics may indicate the existence of crimes typified in Law No. 9,613, of March 3, 1998;

XI - identification of entities providing technical or financial support, with indication of the nature of support, deadline, values, and forecast of independence regarding support, in the case of credit cooperatives and service confederations;” (NR)

Article 4. Annex IV to Normative Instruction BCB No. 299, of August 30, 2022, published in the Official Gazette of the Union on August 31, 2022, shall enter into force with the following alterations:

“Article 1.

III - impacts of an operational nature, specifying, if applicable, the changes in standards and the structure of corporate governance, internal controls, risk management, and in the policy, risk assessment, systems, procedures, and controls for the detection and prevention of operations whose characteristics may indicate the existence of crimes typified in Law No. 9,613, of March 3, 1998;” (NR)

“Article 2.

II - impacts of an operational nature, specifying, if applicable, the changes in standards and the structure of corporate governance, internal controls, risk management, and in the policy, risk assessment, systems, procedures, and controls for the detection and prevention of operations whose characteristics may indicate the existence of crimes typified in Law No. 9,613, of March 3, 1998;” (NR)

“Article 4.

II - impacts of an operational nature, specifying, if applicable, the changes in standards and the structure of corporate governance, internal controls, risk management, and in the policy, risk assessment, systems, procedures, and controls for the detection and prevention of operations whose characteristics may indicate the existence of crimes typified in Law No. 9,613, of March 3, 1998;” (NR)

“Article 5.

II - impacts of an operational nature, specifying, if applicable, the changes in standards and the structure of corporate governance, internal controls, risk management, and in the policy, risk assessment, systems, procedures, and controls for the detection and prevention of operations whose characteristics may indicate the existence of crimes typified in Law No. 9,613, of March 3, 1998;” (NR)

Article 5. The following are revoked:

I - Circular Letter No. 4,054, of May 25, 2020, published in the Official Gazette of the Union on May 26, 2020;

II - Normative Instruction BCB No. 11 of August 25, 2020, published in the Official Gazette of the Union on August 26, 2020 and rectified in the Official Gazette of the Union on August 27, 2020; and

III - the following provisions of Normative Instruction BCB No. 299, of August 30, 2022, published in the Official Gazette of the Union on August 31, 2022:

a) Article 5, caput, items XIII and XIV; and

b) Article 8, caput, items X and XI.

Article 6. This Normative Instruction enters into force on the date of its publication.

CAROLINA PANCOTTO BOHRER

NOTE

This Normative Instruction BCB – IN BCB aims to disseminate the procedures, documents, and information necessary for the processing of authorization requests covered by:

I - Section 1 of Chapter 1 of the Rural Credit Manual – MCR, which regulates the authorization to operate in rural credit;

II - Resolution No. 4,072, of April 26, 2012, and BCB Resolution No. 3, of August 12, 2020, which regulate the authorization to install branches in the Country, with the consequent revocation of Normative Instruction BCB No. 11, of August 25, 2020;

III - CMN Resolution No. 5,044, of November 25, 2022, which regulates the authorization to collect savings deposits by credit cooperatives, with the consequent revocation of Circular Letter No. 4,054, of May 25, 2020;

IV - CMN Resolution No. 5,061, of February 16, 2023, concomitantly with CMN Resolution No. 4,970, of November 25, 2021, which regulate the authorizations applicable to service confederations.

2. At this time, in addition to the normative consolidation provided for in Article 67 of Decree No. 12,002, of April 22, 2024, other provisions were amended with the aim of simplifying and rationalizing the procedural processing.

3. 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, the aforementioned decree establishes the hypotheses for exemption from the implementation of AIR. This IN BCB falls under the hypothesis provided for in item II, as it does not bring any additional requirement to that contained in the current regulation and is intended to clarify the manner of compliance with obligations defined in a hierarchically superior norm. Thus, based on item II of Article 4 of Decree No. 10,411, of 2020, it is understood that the issuance of this normative instruction exempts the implementation of AIR.

CAROLINA PANCOTTO BOHRER
Head