Rule · BCB · 8 Apr 2021 · Instrução Normativa BCB 94
Administrators of investment funds and financial institutions acting as distributors must send Document 5401 monthly via XML until the twelfth day of the month following the base date. These entities must designate a qualified employee for Unicad registration and handle Document 5402 exemptions in the CRD system. This rule replaces Circular Letters 3,967 and 4,040 and Normative Instruction BCB No. 56, effective October 1, 2024.
Consolidates the procedures for sending information on investment fund shareholders, as provided for in Resolution BCB No. 38, of November 11, 2020.
The Head of the Department of Financial System Monitoring (Desig), in the exercise of the authority conferred upon him by Article 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 Article 77, items III and IV, of the aforementioned Regulations, and taking into account the provisions of Resolution BCB No. 38, of November 11, 2020,
RESOLVES:
Art. 1 The sending of the information referred to in Article 1 of Resolution BCB No. 38, of November 11, 2020, must be carried out monthly by the administrators of investment funds and by financial institutions that act, in the manner regulated by the Securities and Exchange Commission (CVM), as distributors of fund shares on behalf and in the name of clients, through the following documents, in accordance with the annex to this Normative Instruction BCB:
I - Document 5401 - Information on Fund Shareholders - Data sent by the administrators of investment funds, containing:
a) regarding the investment fund, its classes, and its subclasses: (Wording given, effective October 1, 2024, by Normative Instruction BCB No. 527, of September 26, 2024.)
identification; (Wording given, effective October 1, 2024, by Normative Instruction BCB No. 527, of September 26, 2024.)
net asset value of the fund; (Wording given, effective October 1, 2024, by Normative Instruction BCB No. 527, of September 26, 2024.)
number of fund shares; (Wording given, effective October 1, 2024, by Normative Instruction BCB No. 527, of September 26, 2024.)
number of fund shareholders; (Wording given, effective October 1, 2024, by Normative Instruction BCB No. 527, of September 26, 2024.)
b) regarding the shareholders:
identification of the shareholder or of the distributor acting on behalf and in the name; (Wording given, effective October 1, 2024, by Normative Instruction BCB No. 527, of September 26, 2024.)
classification of the shareholder;
type of share;
number of shares held by the shareholder;
value of the shares.
II - Document 5402 - Information on Fund Shareholders – Data sent by financial institutions distributing fund shares,
a) regarding the investment fund, its classes, and its subclasses: (Wording given, effective October 1, 2024, by Normative Instruction BCB No. 527, of September 26, 2024.)
identification; (Wording given, effective October 1, 2024, by Normative Instruction BCB No. 527, of September 26, 2024.)
number of fund shares distributed on behalf and in the name by the distributing institution sending the information; (Wording given, effective October 1, 2024, by Normative Instruction BCB No. 527, of September 26, 2024.)
number of shareholders holding the fund shares distributed on behalf and in the name by the distributing institution sending the information; (Wording given, effective October 1, 2024, by Normative Instruction BCB No. 527, of September 26, 2024.)
b) regarding the shareholders:
identification of the shareholder;
classification of the shareholder;
type of share;
number of shares held by the shareholder;
value of the shares.
Sole Paragraph. The layout, filling instructions, as well as the other documents necessary for the preparation of the documents referred to in this Normative Instruction are available on the Central Bank’s website at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd. (Included, effective October 1, 2024, by Normative Instruction BCB No. 527, of September 26, 2024.)
Art. 2 The institutions mentioned in Article 1 must designate an employee qualified to respond to any questions regarding the information provided in accordance with this Normative Instruction BCB.
Sole Paragraph. The designation referred to in the caput must be registered in the Information System on Entities of Interest of the Central Bank (Unicad), as provided for in Resolution BCB No. 209, of March 22, 2022. (Wording given, effective October 1, 2024, by Normative Instruction BCB No. 527, of September 26, 2024.)
Art. 3 Financial institutions authorized to act as distributors of investment fund shares on behalf and in the name of clients, but which do not exercise this activity, must register the exemption from sending Document 5402, informing the “start base date” in the “Document” menu, “Exemption” option of the Document Sending Control System (CRD), available for access on the Central Bank of Brazil’s website at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/controledocumentosif.
Sole Paragraph. The financial institutions referred to in the caput that begin to act as distributors of investment fund shares on behalf and in the name of clients must register the “End base date” in the “Document” menu, “Exemption” option of the CRD. From the following base date, these institutions must begin sending Document 5402.
Art. 4 The following are repealed:
I - Circular Letter No. 3,967, of August 2, 2019;
II - Circular Letter No. 4,040, of April 29, 2020;
III - Normative Instruction BCB No. 56, of December 9, 2020.
Art. 5 This Normative Instruction BCB enters into force on May 3, 2021.
Gilneu Francisco Astolfi Vivan
Annex to Normative Instruction BCB No. 94, of April 8, 2021
Document Coding and Characteristics:
Document Codes: 5401 and 5402:
Document Names:
5401 - Information on Fund Shareholders – Data sent by the administrators of investment funds;
5402 - Information on Fund Shareholders – Data sent by financial institutions distributing fund shares;
Sending Frequency: monthly;
Deadline for Sending: until the twelfth day of the month following the base date; (Wording given, effective October 1, 2024, by Normative Instruction BCB No. 527, of September 26, 2024.)
Base Date: last business day of each month;
Unit Responsible for Curation: Desig;
Sending Method: electronic;
System for Sending: File Transfer System (STA), as regulated and made available on this Agency’s website at the address https://www.bcb.gov.br/acessoinformacao/sistematransferenciaarquivos;
Sending Format: XML (eXtensible Markup Language);
Sending Validation: advance;
Sending Validation Schema: XSD (XML Schema Definition).
Additional Elements for Sending: layout, in XML format; models, in Excel format; XSD validation schemas; example files; validator program; and filling instructions, available on the Central Bank of Brazil’s website at the address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd;
Designation of Employee to Respond to Questions: in the header of the respective sending document;
Electronic Address for Resolving Doubts about Sending and Filling the Document: informacoescotistas@bcb.gov.br.
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A newer document in RegAlert amends this one; it applies as amended.
“II - Circular Letter No. 4,040, of April 29, 2020;”
“I - Circular Letter No. 3,967, of August 2, 2019;”
“III - Normative Instruction BCB No. 56, of December 9, 2020.”
“Amends Instruction Normative BCB No. 94, of April 8, 2021, which consolidates the procedures for sending information about investors in investment funds”
“The Annex to Normative Instruction BCB No. 94 of April 8, 2021, shall henceforth be effective with the following amendment”
“Consolidates the procedures for sending information on investment fund shareholders, as provided for in Resolution BCB No. 38, of November 11, 2020.”
Amended 2 times · last 2024-09-26
This document supersedes: Circular Letter No. 4040 — Amends Circular Letter No. 3,967 of August 2, 2019, Establishing Procedures for Remitting Information on Investment Fund Unitholders Due to the Impacts of Covid-19 on the Economy, Circular Letter No. 3967 — Establishes Procedures for Remitting Information on Investment Fund Unitholders
Against Circular Letter No. 3967 — Establishes Procedures for Remitting Information on Investment Fund Unitholders (2019-08-02)
2 new obligations · 1 deadline changed
5 obligations are the same in both texts.
“Not carried over” means the sentence has no counterpart in this text; the rule can still be in force in another text.
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