Resolution CMN No. 2843 — Dispenses on the Negotiation of Bank Credit Notes and on the Issuance of Certificates Representing Such Notes by Financial Institutions

Resolution No. 2,843, of June 28, 2001 1

RESOLUTION NO. 2,843

Provides for the negotiation of Bank Credit Notes and for the issuance of certificates representing such notes by financial institutions.

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 June 28, 2001, based on Article 4, items VI and VIII, of the aforementioned law and on Article 19 of Provisional Measure No. 2,160-23, of June 28, 2001,

RESOLVES:

Article 1. To authorize financial institutions to issue Certificates of Bank Credit Notes, observing the conditions established in Article 19 of Provisional Measure No. 2,160-23, of June 28, 2001.

Article 2. The Certificate may represent Bank Credit Notes:

I - of different values, terms, and remuneration conditions;

II - owned by the institution itself or by third parties.

Sole Paragraph. The issuing institution must keep updated the information regarding the credits represented by the Certificate of Bank Credit Notes.

Article 3. The financial institution, in the event of co-obligating itself or, in any way, assuming risk related to the credits involved in the negotiation of Bank Credit Notes and Certificates of Bank Credit Notes with persons not part of the National Financial System, must:

I - observe the procedures provided for in Article 3 of Resolution No. 2,686, of January 26, 2000;

II - provide the Credit Risk Center, in accordance with Resolution No. 2,724, of May 31, 2000, and complementary norms, with information regarding these credits.

Article 4. The negotiation, with a person not part of the National Financial System, of a Bank Credit Note constituting a credit, without co-obligation of the assigning institution, against a body or entity of the public sector, directly or through a Certificate, must be subject to communication to the Central Bank of Brazil.

Article 5. Article 1, sole paragraph, of Resolution No. 2,836, of May 30, 2001, is amended, so that the aforementioned article shall enter into force with the following wording:

Resolution No. 2,843, of June 28, 2001 2

“Article 1. To authorize financial institutions to assign, to institutions of the same nature, credits arising from loan, financing, and leasing operations.

Sole Paragraph. The provisions of this article do not prevent the negotiation of credit instruments, such as bank credit notes, certificates of bank credit notes, mortgage notes, and rural, commercial, industrial, and export notes.” (NR)

Article 6. A period of thirty days is established for compliance with the provisions of Resolution No. 1,779, of December 20, 1990, regarding the registration of Bank Credit Notes and Certificates of Bank Credit Notes in a registration and settlement system for assets authorized by the Central Bank of Brazil.

Article 7. The Central Bank of Brazil is authorized to issue norms and adopt 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.

Brasília, June 28, 2001.

Arminio Fraga Neto
President

This text does not replace the published version in the DOU and Sisbacen.