Resolution BCB No. 98 — Establishes the Receivable Values Information System (SVR) and the remittance to the Central Bank of Brazil of information regarding amounts to be refunded to individuals and legal entities

RESOLUTION
BCB NO. 98, OF JUNE 1, 2021

Provides for the Receivable Values Information System (SVR) and the remittance to the Central Bank of Brazil of information regarding amounts to be refunded to individuals and legal entities.

The Collegiate Board of the Central Bank of Brazil, in a session held on May 25, 2021, based on arts. 10, item IX, and 37 of Law No. 4.595, of December 31, 1964, 1, § 1, of Complementary Law No. 130, of April 17, 2009, 7 of Law No. 6.099, of September 12, 1974, 6, 7, item III, and 8 of Law No. 11.795, of October 8, 2008, and 9, items II and VIII and § 3, of Law No. 12.865, of October 9, 2013,

R E S O L V E :

CHAPTER I
OF
THE OBJECT AND SCOPE OF APPLICATION

Art. 1. This Resolution provides for the Receivable Values Information System (SVR) and the remittance to the Central Bank of Brazil of information regarding amounts to be refunded to individuals and legal entities by financial institutions and other institutions authorized to operate by the Central Bank of Brazil.

CHAPTER II
OF
THE RECEIVABLE VALUES INFORMATION SYSTEM (SVR)

Art. 2. The
Receivable Values Information System is hereby established, with the purpose of:

I - providing information to the Central Bank of Brazil for the purpose of monitoring the amounts to be refunded by the institutions referred to in art. 1;

II - allowing individuals and legal entities to consult regarding the existence of amounts to be refunded by the institutions referred to in art. 1; and

III - facilitating the process of voluntary refund of amounts to be refunded by the institutions referred to in art. 1.

§ 1. The system referred to in the main text is administered by the Central Bank of Brazil.

§
2. The voluntary refund of amounts to be
refunded, in the case of item III of the main text, is the exclusive responsibility of the institutions referred to in art. 1, in accordance with the legislation in force, and depends on prior adherence to the conditions referred to in art. 6, item I.

CHAPTER III
OF
THE REMITTANCE OF INFORMATION

Art. 3. The institutions referred to in art. 1 must send to the Central Bank of Brazil information regarding amounts to be refunded relating to:

I - deposit accounts in national currency closed with available balance;

II - prepaid and postpaid payment accounts closed with available balance;

III - registration accounts maintained by securities brokerage firms and securities distribution companies for the registration of client operations closed with available balance;

IV - fees charged improperly, not refunded or subject to refund as a result of the formalization of commitments with regulatory entities or regulatory and oversight bodies;

V - installments or obligations related to credit operations charged improperly, not refunded or subject to refund as a result of formalization of commitments with regulatory entities or regulatory and oversight bodies;

VI - capital shares and distribution of net surplus of beneficiaries and participants of credit cooperatives;

VII - unclaimed resources related to closed consortium groups; and

VIII - other situations that result in amounts to be refunded recognized by the institutions referred to in art. 1.

Sole paragraph. The information regarding amounts to be refunded referred to in this article is the exclusive responsibility of the sending institutions.

Art. 4. The institutions referred to in art. 1 must send, in the manner established by the Central Bank of Brazil, by the last business day of the month following the base date:

I - the information regarding amounts to be refunded referred to in art. 3, observing the following frequency:

a) quarterly, in the case of resources referred to in art. 3, item VII; and

b) monthly, in the other cases; and

II - the information regarding amounts referred to in art. 3 refunded to individuals and legal entities, observing the monthly frequency.

Art. 5. The institutions referred to in art. 1 must indicate to the Central Bank of Brazil a director responsible for compliance with the requirements set forth in this Resolution.

CHAPTER IV
FINAL PROVISIONS

Art. 6. The Central Bank of
Brazil may establish:

I - operational conditions for the institutions mentioned in art. 1 to comply, through adherence, with the provisions of item III of art. 2; and

II - operational procedures necessary for compliance with the provisions of this Resolution, including regarding:

a) adherence to the conditions referred to in item I of this article; and

b) the consultation referred to in item II of art. 2.

Art. 7. This Resolution enters into force on October 1, 2021.

Otávio
Ribeiro Damaso
Director of
Regulation