Resolution BCB No. 256, of November 1, 2022

Regulates the
Available Electronic Transfer (TED).

The Collegiate Board of the Central Bank of Brazil, in a session held on November 1, 2022, based on art. 10 of Law No. 10,214, of March 27, 2001, and on arts. 3, 5, item I, and 12, of Resolution CMN No. 4,952, of September 30, 2021,

R E S O L V E:

Art. 1 This
Resolution regulates the Available Electronic Transfer (TED), a fund transfer order.

Sole Paragraph. Fund transfer order, for the purposes of the provisions of this Resolution, is the order by means of which is commanded, in a fund transfer settlement system, the transfer between accounts of settlement participants.

Sole Paragraph. (Revoked by Resolution BCB No. 497, of 9/5/2025.)

Art.
1-A For the purposes of the provisions of this Resolution, it is considered: (Included by Resolution BCB No. 497, of 9/5/2025.)

I - fund transfer order: order by means of which is commanded, in a fund transfer settlement system, the transfer between accounts of settlement participants; (Included by Resolution BCB No. 497, of 9/5/2025.)

II -
Network of the National Financial System – RSFN: data communication structure, which aims to support the traffic of information within the scope of the National Financial System – SFN for authorized services, in accordance with the regulation in force; and (Included by Resolution BCB No. 497, of 9/5/2025.)

III

• Information Technology Service Provider – ITSP: entity authorized
  to provide data processing services, for the purpose of access to the RSFN, to institutions authorized to operate by the Central Bank of Brazil, in accordance with the regulation in force. (Included by Resolution BCB No. 497, of 9/5/2025.)

CHAPTER I

Of the
AVAILABLE ELECTRONIC TRANSFER

Art.
2 The TED is an interbank fund transfer order, including involving transfer on behalf of third parties or for a client, settled by means of a fund transfer settlement system.

Art. 3 The fund transfer settlement system in which the TED will be submitted to settlement is freely chosen by the institution holding a Reserve Bank Account or Settlement Account, except when involving the following types of transfer, which must be submitted to settlement in the Reserve Transfer System (STR):

I - on behalf of the institution sending the funds itself;

II - for the benefit of or by order of an institution holding a Reserve Bank Account or Settlement Account, whenever it involves application in the financial and capital markets;

III - of value equal to or greater than BRL 1,000,000.00 (one million reais);

IV - on behalf of the pass-through of tax collection and government payments.

Art.
3-A The TED for the benefit of a client of value equal to or greater than BRL 15,000.00 (fifteen thousand reais) may not be issued by an institution that connects to the RSFN by means of an ITSP. (Included by Resolution BCB No. 497, of 9/5/2025.)

§ 1 The maximum limit referred to in the caput does not apply when the institution: (Included by Resolution BCB No. 497, of 9/5/2025.)

I - access the RSFN through an ITSP that has completed the accreditation process at the Central Bank of Brazil, in accordance with the regulation in force; and (Included by Resolution BCB No. 497, of 9/5/2025.)

II - demonstrate, through a reasonable assurance report issued by an independent audit firm registered with the Securities and Exchange Commission – CVM, that: (Included by Resolution BCB No. 497, of 9/5/2025.)

a) it does not share with the ITSP the private keys registered at the Central Bank of Brazil used for signing messages; (Included by Resolution BCB No. 497, of 9/5/2025.)

b) validates the integrity of transactions before signing, ensuring that the data have not been corrupted or manipulated during the message generation process; and (Included by Resolution BCB No. 497, of 9/5/2025.)

c) uses distinct certificates for different environments. (Included by Resolution BCB No. 497, of 9/5/2025.)

§ 2Upon request by the institution, the Central Bank of Brazil may waive, for a period of ninety days or until the requirements provided in § 1 are met, whichever occurs first, the observance of the limit referred to in the caput, provided that: (Included by Resolution BCB No. 497, of 9/5/2025.)

I - the request is accompanied by a formal document presenting the guarantees and describing the measures already adopted by the institution to improve its information security controls; and (Included by Resolution BCB No. 497, of 9/5/2025.)

II - the guarantees and measures referred to in item I are, at the discretion of the Bank central do Brasil, adequate to mitigate the risks involved. (Included by Resolution BCB No. 497, of 9/5/2025.)

§ 3 The waiver provided for in § 2: (Included by Resolution BCB No. 497, of 9/5/2025.)

I - will take effect from the formal communication to the participant of the decision of the Central Bank of Brazil that accepts the request; and (Included by Resolution BCB No. 497, of 9/5/2025.)

II - will be governed by a joint act of the Information Technology Department – Deinf and the Strategic Management and Specialized Supervision Department – Degef. (Included by Resolution BCB No. 497, of 9/5/2025.)

Art. 4 Institutions holding a Reserve Bank Account or Settlement Account may offer the TED, as senders of the funds, except for clearinghouses and providers of clearing and settlement services.

§ 1 The institutions mentioned in the caput must observe the compatibility of the issuance of the fund transfer object of the TED with the business covered by the operating authorization granted to them by the Central Bank of Brazil, respecting, still, any restrictions inherent to their line of business.

§ 2 In the capacity of recipient of the TED, the institutions referred to in the caput are obliged to process the order, observing the deadline for credit to the beneficiary established in art. 8 of this Resolution, provided that:

I - the beneficiary is identified according to requirements established, for each case, in art. 5 of this Resolution; and

II - the fund transfer is compatible with the business covered by the operating authorization granted to them by the Central Bank of Brazil.

§ 3 The obligation referred to in § 2 does not include:

I - the fund transfer carried out with the purpose of deposit into a savings account, a situation in which the recipient institution may, at its exclusive discretion, reverse the fund transfer; and

II - the fund transfer classified in the situations provided for in art. 8, single paragraph, or in art. 10 of this Resolution.

§ 4 The reversal of the fund transfer, in the form of item I of § 3 and in cases of non-compliance with the provisions of items I and II of § 2, must be carried out within 60 (sixty) minutes after the corresponding interbank settlement, observing the operating schedule of the respective fund transfer settlement system.

§ 5 The fund transfer for the benefit of a client must be executed even in the case of a holiday in the location where the receiving participant's agency is located, in which the client maintains the account, in which case the funds will be available to the receiving client until the next business day after the local holiday.

Art. 5 In the issuance of a TED, the following must be provided, mandatorily:

I - identification code of the issuing institution in the fund transfer settlement system;

II - identification code of the receiving institution in the fund transfer settlement system;

III - value of the transfer, in national currency;

IV - issuance date; and

V - data that allow the identification of the purpose of the transfer.

Sole Paragraph. In the issuance of a TED on behalf of third parties or for a client, the following must be provided, additionally, whenever applicable:

I - client issuer's registration number in the Individual Taxpayer Registry (CPF) or in the National Registry of Legal Entities (CNPJ), both of the Brazilian Federal Revenue Service;

II - name of the client issuer, consistent with the CPF or with the CNPJ;

III - identification of the receiving agency;

IV - identification of the receiving client's account, if the client is a customer of the receiving institution;

V - registration number of the receiving client in the CPF or CNPJ; and

VI - name of the receiving client consistent with the CPF or with the CNPJ.

Art. 6 The issuing and receiving institutions and the fund transfer settlement system must ensure the security, integrity and confidentiality of the information contained in the TEDs issued or received by them.

Art.
7 The fund transfer settlement system must provide for the possibility of cancellation of unsettled TED in accordance with its regulations.

CHAPTER II

Of the
INTERBANK SETTLEMENT

Art. 8 The funds transferred by means of the TED must be credited to the beneficiary in, at most, 60 (sixty) minutes after the corresponding interbank settlement, except as provided in art. 4, § 5, and in art. 10 of this Resolution.

Sole Paragraph. The deadline referred to in the caput does not apply to the situation in which the recipient institution, in the form of a legal and regularly backed payment service provision contract, is authorized to transfer the funds to the receiving client at a later time than the corresponding settlement.

Art. 9 The interbank settlement of the TED must be carried out on the same day that the debit is made in the sender client's account.

§ 1 The
TED must be sent to the settlement system in, at most, 30 (thirty) minutes after the moment when the debit is made in the sender's account, for immediate settlement in accordance with the relevant regulation.

§ 2 The interbank settlement deadline, referred to in the caput, as well as the deadline referred to in § 1, must be considered in relation to the operating hours of the fund transfer system on the day of payment execution, when the fund transfer order is used by an institution to make payment on behalf of a third party and, according to the relevant payment service provision contract, does not imply immediate debit in the account of the service contractor.

Art. 10. Whatever the fund transfer order, the sending institution and the receiving institution may, depending on the circumstances of each case, fail to observe, for the time strictly necessary, the deadlines prescribed by art. 8 and by § 1 of art. 9, with the objective of adopting the legal and regulatory measures related to the investigation of indications of irregularity.

Art. 11. Circular No. 3,335, of December 14, 2006, shall enter into force with the following changes:

~~"Art. 2. Except as provided in art. 4, the funds transferred by means of the Credit Document - DOC, governed by Circular 3,224, of February 12, 2004, and the TEC must be credited to the beneficiary in, at most, sixty minutes after the corresponding interbank settlement.

................................................................................................................” (NR)~~

~~“Art. 3. The interbank settlement must be carried out:

~~I - in the case of the TEC, on the same day that the debit is made in the sender's account; and

II - in the case of the DOC, on the next business day after the debit in the sender's account.

.........................................................................................................................~~

~~§ 2. The interbank settlement deadlines, referred to in items I and II, must be considered in relation to the beginning of banking hours on the day of payment execution, when the fund transfer order is used by a financial institution to make payment on behalf of a third party and, according to the relevant payment service provision contract, does not imply immediate debit in the account of the service contractor.

................................................................................................................” (NR)~~

Art.
11. (Revoked, from 4/3/2023, by Resolution BCB No. 297, of 3/2/2023.)

Art.
12. Are revoked:

I - the
Circular No. 3,115, of April 18, 2002;

II - the
§ 1 of art. 3 of Circular No. 3,335, of 2006;

III - the arts. 3 and 4 of Circular No. 3,439, of March 2, 2009;

IV - the
Circular No. 3,534, of May 6, 2011;

V - the
Circular No. 3,552, of July 26, 2011; and

VI - the
Circular No. 3,710, of July 21, 2014.

Art. 13. This Resolution enters into force on December 1 of 2022.

Bruno Serra Fernandes Renato Dias de Brito Gomes Director of Monetary Policy Director of Organization of the System Financial and Resolution