Resolution CMN No. 2953 — Amends norms regarding the opening, maintenance, and movement of deposit accounts and provides for the hiring of correspondents in the Country by financial institutions

RESOLUTION NO. 002953

Amends norms regarding the opening, maintenance and movement of deposit accounts and provides for the hiring of correspondents in the Country by financial institutions.

The CENTRAL BANK OF BRAZIL, in accordance with Article 9 of Law 4,595, of December 31, 1964, makes public that the MONETARY COUNCIL NATIONAL, in a session held on April 25, 2002, based on the articles 4, items VI and VIII, 17 and 18, paragraph 1, of the aforementioned law and 14 of Law 4,728, of July 14, 1965, and having in view the provisions of articles 3, item V, of the aforementioned Law 4,595, of 1964, and 64 of Law 8,383, of December 30, 1991,

RESOLVED:

Article 1. Amend Article 3 of Resolution 2,025, of November 24,
1993, which shall now be in effect with the following wording:

"Article 3. The information contained in the proposal form, as well as the identification and location elements of the applicant, must be verified against competent documentation, observing the responsibility of the institution for the verification regarding the accuracy of the information provided.

Paragraph 1. The execution of the procedures referred to in this
article may be assigned to correspondents contracted in
accordance with Resolution 2,707, of March 30, 2000, and subsequent regulation, without relieving the manager responsible for the opening of the deposit account and the director designated in accordance with Article 15 of this resolution of the responsibility for compliance with the provisions set forth in the legislation and in the current regulation.

Paragraph 2. The institution must adapt its internal control systems focused on the activities of opening and monitoring of deposit accounts, implemented in accordance with Resolution 2,554, of September 24, 1998, with a view to providing for the monitoring of the duties conferred in accordance with paragraph 1, as well as adopting policies and procedures, including strict rules of the 'know your customer' type, which prevent the use of the respective institutions, intentionally or not, for purposes of illicit or fraudulent practices.

Paragraph 3. The prerogative to assign the execution of the procedures pertinent to the opening of deposit accounts to correspondents, as provided in paragraph 1, depends on the prior adaptation of the internal control systems referred to in paragraph 2.

Paragraph 4. The institution must keep archived, together with the proposal form for the opening of the deposit account, legible copies and in good condition of the documentation referred to in this article." (NR)

Article 2. Multiple banks with commercial or credit, financing and
investment portfolios, commercial banks, Caixa Econômica Federal and credit, financing and investment societies are authorized to contract the notarial and registration services, as provided for in Law 8,935, of November 18, 1994, for the performance of the functions of correspondents in the Country, observing the conditions established in Resolution 2,707, of March 30, 2000.

Article 3. Article 1 of Resolution 2,817, of February 22
of 2001, is amended, which shall now be in effect with the following wording:

"Article 1. It is optional for financial institutions and other institutions authorized to operate by the Central Bank of Brazil to open and operate deposit accounts exclusively through electronic means, observing the formalities provided for in Resolution 2,025, of November 24, 1993, and subsequent amendments, as well as in the complementary norms relating to the matter.

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Paragraph 6. The provisions of this article do not relieve the manager responsible for the opening of the deposit account and the director designated in accordance with Article 15 of Resolution 2,025, of 1993, of the responsibility for compliance with the provisions set forth in the legislation and in the current regulation.

....................................................." (NR)

Article 4. 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 5. This resolution enters into force on the date of its
publication.

Brasília, April 25, 2002

Arminio Fraga Neto
President