Resolution BCB No. 293 of February 15, 2023

Resolution No. 293

RESOLUTION
BCB NO. 293, OF FEBRUARY 15, 2023

Amends the Regulation attached to Resolution BCB No. 1, of August 12, 2020, which governs the operation of the Pix payment arrangement, to define provisions on the establishment of partnerships between Pix participants and to regulate transitional provisions regarding criteria and conditions for the outsourcing of activities and for the establishment of partnerships between Pix participants; and amends Annex I to Resolution BCB No. 177, of December 22, 2021, which establishes the conditions and procedure for the application of penalties within the scope of Pix, to adjust provisions regarding infractions subject to penalties.

The Collegiate Board of the Central Bank of Brazil, in a session held on February 14, 2023, based on art. 10, item IV, of Law No. 4.595, of December 31, 1964, art. 10 of Law No. 10.214, of March 27, 2001, arts. 6, 7, 9, 10, 14 and 15 of Law No. 12.865, of October 9, 2013, Resolution No. 4.282, of November 4, 2013, Communication No. 32.927, of December 21, 2018, and Communication No. 34.085, of August 28, 2019,

R E S O L V E :

Art. 1. The Regulation attached to Resolution BCB No. 1, of August 12, 2020, shall enter into force with the following alterations:

“CHAPTER XVII

ON THE CRITERIA AND CONDITIONS FOR OUTSOURCING OF ACTIVITIES AND FOR THE ESTABLISHMENT OF PARTNERSHIPS BETWEEN PIX PARTICIPANTS” (NR)

“Art. 90-D. In addition to cases expressly provided for in this Regulation, Pix participants may establish partnerships among themselves to allow one participant to provide specific solutions or services to another participant.

§ 1. The prohibitions provided for in art. 90-A apply to these contractual relationships.

§ 2. The rules provided for in § 2 of art. 90 apply to these contractual relationships, insofar as applicable.

§ 3. The participant that contracts the provision of solutions or services is fully responsible for compliance with the requirements of this Regulation in the offer of services to the end user, including in cases where the solutions or services are provided by another participant contracted for this purpose.

§ 4. The participant that provides solutions or services to another participant must ensure that they are provided in adherence to this Regulation.” (NR)

“Section
IX

On the adequacy and the transition regime for situations affected by the provisions contained in art. 90-A on the date of publication of Resolution BCB No. 269, of December 1, 2022

Art. 116. Pix participants who, on December 1, 2022, had an active contractual relationship with third parties covered by the provision of item I of art. 90-A must adapt their Pix-related operations with a view to ensuring compliance with this Regulation, in accordance with this Section.

§ 1. The Pix participant must notify the third party of the need for adaptation referred to in the main text.

§ 2. If the third party holding a transactional account is a payment institution that does not meet the criteria provided for in the current regulation to be authorized to operate by the Central Bank of Brazil or is a payment institution with an authorization process for operation underway:

I - the provision of § 1, item I, of art. 24 applies to the third party holding a transactional account;

II - the participant that meets the requirements to be a responsible participant, in accordance with
Section III of Chapter VII of this Regulation, may continue the solutions or
services provided by the third party, provided that it adapts them to the norms of this Regulation;

III - the participant that does not meet the requirements to be a responsible participant, in accordance with Section III of Chapter VII of this Regulation, may not provide services typical of a responsible participant, with the possibility of providing specific solutions and services admitted, in accordance with art. 90-D;

IV - in cases where the participant chooses to terminate the contract with the third party or does not meet the requirements to be a responsible participant, the third party may seek another participant to contract, in substitution, as a responsible participant and before applying for admission to Pix, in which case the parties involved must agree on the operational transition, allowing for the possibility of maintaining services to end users, provided that the requirements listed in item VI of this paragraph are met;

V - in the situation of item IV of this paragraph, the transition regime provided for in this Section applies to the participant contracted in substitution;

VI - in any case, the third party wishing to maintain the provision of services to end users must:

a) adapt its contracts signed before December 1, 2022;

b) contract a responsible participant to enable its participation in Pix; and

c) submit an application for admission to Pix by May 31, 2023;

VII - meeting the requirements described in item VI of this paragraph, the continuation of the provision of services to end users by the third party during its admission process is exceptionally admitted;

VIII - while the third party’s admission process is ongoing, its responsible participant must ensure the correct operation of the third party with a view to ensuring the security, efficiency, reliability, integrity, confidentiality, and quality of the payment service; and

IX - if, at any time, the third party is not considered eligible to join Pix, the participant must ensure the cessation of services to end users, as well as their proper communication.

§ 3. The provision of § 6 of art. 3 of Resolution BCB No. 1, of August 12, 2020, applies to the third party holding a transactional account that is a payment institution with an authorization process for operation underway.

§ 4. The provision of § 5 of art. 3 of Resolution BCB No. 1, of 2020, applies to the third party holding a transactional account that is a payment institution that does not meet the criteria provided for in the current regulation to be authorized to operate by the Central Bank of Brazil.

§ 5. If the third party holding a transactional account is a financial institution or a payment institution authorized to operate by the Central Bank of Brazil:

I - the participant may continue the solutions or services provided by the third party, provided that it adapts them to the norms of this Regulation, in accordance with art. 90-D;

II - the provisions provided for in items “a” and “c” of item VI of § 2 and in items VII and IX of § 2 apply;

III - it must submit, in the admission application referred to in item “c” of item VI of § 2, the type of indirect participation in the SPI and indirect access to the DICT, and must contract a clearing participant; and

IV - while the third party’s admission process is ongoing, its clearing participant in the SPI must ensure the correct operation of the third party with a view to ensuring the security, efficiency, reliability, integrity, confidentiality, and quality of the payment service.

§ 6. In cases where the participant chooses to terminate the contractual relationship with the third party and the termination of the relationship implies the discontinuation of services to end users in an account held by the third party, or in cases where the third party chooses not to join Pix, the participant must ensure the cessation of services to end users, as well as their proper communication.

§ 7. In any case, the participant must ensure that the identification information of end users of all Pix transactions carried out, since the start of the provision of services by the third party, is properly stored by the participant or by the third party, guaranteeing access to the Central Bank of Brazil whenever requested.” (NR)

“Art. 117. The transition regime provided for in art. 116 does not apply:

I - in cases where the third party acted as an electronic money issuer in a situation requiring prior authorization to operate by the Central Bank of Brazil, in accordance with Resolution BCB No. 80, of March 25, 2021, without there being, on December 1, 2022, a request for authorization to provide the payment service referred to in item I of art. 9 of said normative act; and

II - in the cases referred to in item II of art. 90-A.

Sole paragraph. In the situations referred to in the main text, the Pix participant must proceed to the immediate cessation of services that offer access to Pix and must ensure the proper communication to end users.” (NR)

“Art. 118. The Central Bank of Brazil may, at any time, request that Pix participants submit a detailed report of the adaptations implemented in their contractual outsourcing relations or in partnership contracts with another participant.” (NR)

“Art. 119. The provision of item “e” of item I of art. 5 of Annex I to Resolution BCB No. 177, of December 22, 2021, does not apply to institutions in the transition regime referred to in this Section.” (NR)

Art. 2. Annex I to
Resolution BCB No. 177, of December 22, 2021, shall enter into force with the following alteration:

“Art. 5
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I - ......................................................................................................................

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e) failing to ensure the correct operation of the third party with a view to ensuring the security, efficiency, reliability, integrity, confidentiality, and quality of the payment service, as referred to in item VII of § 2 and item IV of § 5, both of art. 116 of the Pix Regulation.” (NR)

Art. 3. Arts. 90-B and 90-C of the Regulation attached to Resolution BCB No. 1, of 2020, are hereby revoked.

Art. 4. This Resolution enters into force on March 1, 2023.

Renato
Dias de Brito Gomes

Director of Financial System Organization and Resolution