Resolution CMN No. 3279 — Dispenses on Indicating Customer Relationship Dates on Check Forms

RESOLUTION NO. 003279

Dispenses on indicating the date of relationship of customers of financial institutions on check forms.

THE CENTRAL BANK OF BRAZIL, in accordance with Article 9 of Law 4,595 of December 31, 1964, makes public that the NATIONAL MONETARY COUNCIL, in a session held on April 28, 2005, considering the provisions of Article 4, item VIII, of the aforementioned law,

RESOLVES:

Article 1. Establish that financial institutions maintaining checking deposit accounts must indicate, on the check forms provided to their account holders, upon request by the respective customers, after the expression "Banking customer since", the date of the oldest checking deposit account contract or savings deposit contract in which the customer appears as the holder or one of the holders, in the same financial institution or in another institution of the same conglomerate, as well as in any other financial institution.

§ 1. Until May 31, 2005, financial institutions may provide their account holders with printed check forms showing the date of opening of the respective checking deposit accounts, as established in the regulation in force until December 19, 2004.

§ 2. Starting from June 1, 2005, requests for indication of the date under the terms provided in this article must be met by the financial institutions maintaining the respective checking deposit accounts within a maximum period of thirty days, counted from the date of formalization of the request by the customer, in the same financial institution or in another institution of the same financial conglomerate where the oldest contract of checking deposit account or savings deposit was signed in which the account holder appears as the holder or one of the holders.

§ 3. In the case of joint checking deposit accounts, the date of the oldest checking deposit account or savings contract of the respective applicant who figures as one of the holders of the account must be considered.

§ 4. For the purpose of indicating the date under the terms provided in this article, the following cannot be considered:

I - judicial deposit accounts of any nature and those opened by judicial order;

II - checking deposit accounts or savings deposit accounts closed for more than five years, counted from the date of formalization of the request by the customer.

Article 2. In the event of indication of a date related to a checking deposit account contract or savings deposit contract signed with another financial institution, not part of the same conglomerate, the measure provided in Article 1 must be adopted through the presentation, by that institution, of the registration information referred to in Article 1 of Resolution 2,835 of May 30, 2001, directly to the financial institution in which the customer maintains or intends to maintain a checking deposit account.

§ 1. For the purpose of the provisions of this article:

I - the customer's request must be formalized at the financial institution holding the aforementioned registration information;

II - the institutions referred to in Article 1 of Resolution 2,835 of 2001 must add, to the registration information provided under that regulation:

a) the date of the oldest checking deposit account contract or savings deposit contract of the customer;

b) the date and reason for the closure of the checking deposit account contract or savings deposit contract, if applicable.

§ 2. The registration information referred to in this article must be presented to the customer by the originating financial institution within a maximum period of ten business days, counted from the date of formalization of the respective request.

§ 3. After the presentation of the registration information in the manner provided in § 2, the originating financial institution, with the express authorization of the customer, must arrange for the transmission of the data to the destination financial institution within a maximum period of five business days, counted from the date of the respective authorization.

§ 4. In the case of indication of the date under the terms provided in this resolution based on registration information provided in the manner of this article, the maximum period referred to in Article 1, § 2, must be counted from the date of receipt of the aforementioned information by the financial institution in which the customer maintains or intends to maintain a checking deposit account.

§ 5. Financial institutions must establish the necessary means for the transmission and reception of the information referred to in this article, as well as the criteria required for the elimination of risks related to the security of the process, admitting the use of electronic means for this purpose.

Article 3. The financial institutions receiving the registration information referred to in Article 2, upon possession of the same, must provide them to their customers, when requested by them, within a maximum period of five business days, counted from the date of receipt of the respective request, except in the case of information for which there is a legal or regulatory impediment to do so.

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

Article 5. Resolution 3,252 of December 16, 2004, is hereby revoked.

Rio, April 29, 2005.

Afonso Sant'Anna Bevilaqua
Substitute President