Resolution CMN No. 2301 — Establishes the public service hours for financial institutions and other entities authorized by the Central Bank of Brazil

RESOLUTION NO. 2301

Establishes the public service hours for financial institutions and other entities authorized to operate by the Central Bank of Brazil.

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 NATIONAL, in a session held on July 25, 1996, considering the provisions of Article 4, item VIII, of said Law, which attributes exclusive and non-concurrent competence to that Collegiate Body to set the public service hours of institutions belonging to the National Financial System,

RESOLVES:

Article 1. It is optional for financial institutions and other entities authorized to operate by the Central Bank of Brazil to establish, at their discretion, the public service hours at their headquarters and other dependencies, observing the following:

I - the minimum operating hours for the public shall be 5 (five) uninterrupted daily hours, with mandatory service during the period from 12:00 to 15:00 hours, Brasília time;

II - each dependency is obliged to post, in a place visible to the public, a board containing its respective service hours.

Paragraph 1. The establishment of hours provided for in this article does not require communication to the Central Bank of Brazil, including in exceptional cases, such as local holidays or extraordinary events, in which case the institution may establish special public service hours.

Paragraph 2. The following are not subject to the minimum hours and mandatory service referred to in item I:

I - credit cooperatives, except for popular credit cooperatives (Luzatti type);

II - pioneer agencies;

III - banking service posts - PAB;

IV - cooperative service posts - PAC.

Article 2. When a dependency remains open after the limit hour from which it is no longer possible for documentation to reach the exchange session of the Check and Other Papers Clearing Service (SCCOP), all operations carried out by that dependency after that hour will integrate the movement of the following day.

Sole Paragraph. In the cases provided for in this article, this limit hour must appear on the board mentioned in item II of the previous article.

Article 3. In the event of a change in the service hours of a dependency, including the currently adopted one, the new hours must be communicated to the public with a minimum advance notice of 30 (thirty) days.

Article 4. Based on the content of paragraph 2 of Article 1, Article 3 of the Regulation Annex III to Resolution No. 2,099 of August 17, 1994, is amended, which shall now read as follows:

"Art. 3. Pioneer Agency is that installed in an area unserved by any other agency of a multiple bank with commercial portfolio, commercial bank, or savings bank."

Article 5. Financial institutions remain permitted to provide the following services:

I - banking service through special structures installed in an area contiguous to that of an operating agency;

II - collection and delivery, at home, of cash, checks, and other compensable documents.

Sole Paragraph. Regarding the services mentioned in item I, the following must be observed:

I - records of executed services must be incorporated into the accounting of the respective agency;

II - their implementation must be communicated to the Central Bank of Brazil.

Article 6. Failure to observe the provisions of Articles 1, item II, 2, sole paragraph, and 3 will subject the institution to the payment of a fine as provided in Resolution No. 2,228 of December 20, 1995.

Article 7. The Central Bank of Brazil is authorized to issue the norms and adopt the measures deemed necessary for the execution of the provisions of this Resolution.

Article 8. This Resolution enters into force on the date of its publication.

Article 9. Resolutions Nos. 428 of May 26, 1977, 1,457 of January 27, 1988, and 1,484 of May 25, 1988, item IV of Article 4 of the Regulation Annex III to Resolution No. 2,099 of August 17, 1994, and Circulars Nos. 1,066 of August 29, 1986, 1,291 of February 11, 1988, 2,465 of August 18, 1994, and 2,630 of November 1, 1995, are repealed.

Brasília, July 25, 1996

Gustavo Jorge Laboissière Loyola
President