1987-01-28 | Resolução CMN 1261Added
Public companies may authenticate share, debenture, and beneficiary part certificates using a mechanical seal reproducing authorized signatures. Entities with securities traded on Stock Exchanges must deliver authorized signatory identification, security facsimiles, and other required documents to the relevant Exchange before use. Those trading in the over-the-counter market must deliver these documents to the Securities and Exchange Commission (CVM). Companies must safeguard the seal via security printing or dedicated machinery, notify the Exchange and CVM of alterations, and maintain custody of the cliché. The Resolution enters force upon publication, revoking contrary provisions.
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THE CENTRAL BANK OF BRAZIL, in accordance with Article 9 of Law No. 4,595, of December 31, 1964, makes public that the MONETARY COUNCIL, in a session held on this date, in view of the provisions of Law No. 7,464, of April 18, 1986,
RESOLVES:
I - The certificates of shares, debentures, and beneficiary parts of public companies, as well as their respective warrants, may be authenticated with a mechanical seal, by exact reproduction of the handwritten signatures of authorized persons.
II - The mechanical seal must be safeguarded by technical characteristics obtained by security printing or by a machine especially destined for this purpose.
III - The use of the mechanical seal by a public company that has securities admitted to trading on Stock Exchanges must be preceded by the delivery to the Stock Exchange where its securities were originally admitted to quotation, of the following documents:
a) identification card with the names and signatures of the persons authorized to authenticate the securities, by using the mechanical seal;
b) facsimiles of the securities, authenticated with a mechanical seal;
c) other documents or information that may be previously required by the Exchange or by the Securities and Exchange Commission.
IV - The use of the mechanical seal by a public company whose securities are traded in the over-the-counter market must be preceded by the delivery to the Securities and Exchange Commission (CVM), of the documents listed in item III of this Resolution.
V - Any alterations made to the original characteristics of the certificates authenticated by mechanical seal must be previously communicated to the Stock Exchange referred to in item III and to the Securities and Exchange Commission (CVM).
VI - The public company will keep on file, available to the Stock Exchanges and to the Securities and Exchange Commission (CVM), the description of the characteristics of the security, the cliché adopted for authentication with a mechanical seal, as well as any alterations thereto.
VII - The company issuing the securities is responsible for the application of the mechanical seal and the custody of the respective cliché.
VIII - The mechanical seal may be used by the agent issuing certificates, who will be subject to the provisions of this Resolution applicable to public companies.
IX - The Stock Exchange referred to in item III will immediately send to the other Exchanges copies of the documents mentioned in the said item, as well as any alterations verified therein.
X - This Resolution will enter into force on the date of its publication, with the provisions to the contrary revoked.
Brasília-DF, January 28, 1987
Fernão Carlos Botelho Bracher
President
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Source: Banco Central do Brasil — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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