Rule · BCB · 13 Nov 2020 · Resolução BCB 39
Holders of transactional accounts not held by financial or payment institutions must ensure transactions with deposit or prepaid accounts are not characterized as reserve transfers between such institutions. This rule replaces the Regulation annexed to Resolution BCB No. 1 of August 12, 2020, and enters into force upon publication.
Resolution No. 39
RESOLUTION
BCB No. 39, OF NOVEMBER 13, 2020
Amends the Regulation annexed to Resolution BCB No. 1, of August 12, 2020, which governs the operation of the Pix payment arrangement.
The Collegiate Board of the Central Bank of Brazil, in a session held on November 11, 2020, 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, and having in view the provisions of Communication No. 32.927, of December 21, 2018, and Communication No. 34.085, of August 28, 2019,
RESOLVES:
Art. 1 The Regulation annexed to Resolution BCB No. 1, of August 12, 2020, shall enter into force with the following alterations:
“Art. 3 ............................................................................................................
.........................................................................................................................
VI - transactional account:
a) an account held by an end user, at a Pix participant, used for payment or receipt of funds, which may be a demand deposit account, a savings deposit account or a prepaid payment account;
b) an account or sub-account operated by a financial institution or payment institution in the name of bodies, entities, funds or similar entities belonging to the Public Administration or administered by it;
c) a PI account of the financial institution or payment institution, if it is a direct participant in the SPI, for payments or receipts resulting exclusively from its own obligations and rights; or
d) a deposit account or prepaid payment account of the financial institution or payment institution, if it is an indirect participant in the SPI, for payments or receipts resulting exclusively from its own obligations and rights;
................................................................................................................”
“Art. 4-A In addition to the provisions of art. 4, transactions between a deposit account or prepaid payment account and:
I - a transactional account referred to in art. 3, item VI, item “b”; or
II - a transactional account referred to in art. 3, item VI, items “c” and “d”, provided that:
a) the holder of the account referred to in the main text is not a financial institution or payment institution; and
b) the transaction cannot be characterized as a transfer of reserves between financial institutions or payment institutions.” (NR)
Art. 2 This Resolution enters into force on the date of its publication.
João Manoel Pinho de Mello
Director of Organization of the Financial System and Resolution
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“Resolution No. 4.282, of November 4, 2013”
“arts. 6, 7, 9, 10, 14 and 15 of Law No. 12.865, of October 9, 2013”
“art. 10 of Law No. 10.214, of March 27, 2001”
“based on art. 10, item IV, of Law No. 4.595, of December 31, 1964”
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