2008-11-26 | Resolução CMN 3646Added · Updated
The National Monetary Council amends Article 2 of Resolution No. 3,575 to allow financial institutions to renegotiate rural investment credit operations contracted until June 30, 2007, specifically those funded by BNDES and equalized by the National Treasury or backed by the Finame Agrícola Especial credit line. This renegotiation is subject to a limit of 20% of the balance of such investment operations per institution and requires a minimum payment of 40% of the 2008 installment by December 31, 2008. Borrowers who join the renegotiation while in default for the 2008 installment must remain in that status until the effective payment of the required portion is made, and overdue installments due until December 31, 2007, are excluded from this specific renegotiation framework.
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Amends Resolution No. 3,575, of May 29, 2008, which deals with the renegotiation of rural debts.
The Central Bank of Brazil, in accordance with Article 9 of Law No. 4,595, of December 31, 1964, makes public that the National Monetary Council, in a session held on November 26, 2008, considering the provisions of Articles 4, item VI, of Law No. 4,595, of 1964, 4 and 14 of Law No. 4,829, of November 5, 1965, 5 of Law No. 10,186, of February 12, 2001, and 41 of Law No. 11,775, of September 17, 2008,
RESOLVES:
Art. 1. Article 2 of Resolution No. 3,575, of May 29, 2008, as amended by Resolution No. 3,636, of November 13, 2008, shall enter into force with the following wording:
"Art. 2. Financial institutions, at their discretion and based on the prerogatives contained in item 2-6-9, in cases where the borrower's inability to pay is proven, may renegotiate rural investment credit operations, contracted until June 30, 2007, with resources transferred by BNDES and equalized by the National Treasury, or backed by resources from the Finame Agrícola Especial credit line, provided that the limit of 20% (twenty percent) of the balance of investment operations carried out with these sources of resources in each financial institution is respected, observing the following conditions:
I - minimum payment of 40% (forty percent) of the value of the 2008 installment by December 31, 2008;
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§ 3. The renegotiation provided for in the caput does not involve installments due until December 31, 2007, which must be negotiated directly between the borrowers and the financial institutions, and the use of controlled rural credit resources for this purpose is prohibited;
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§ 6. Borrowers who adhere to the renegotiation referred to in the caput with the 2008 installment of the respective operation in a state of default must be maintained in this condition until the effective payment referred to in item I of this article." (NR)
Art. 2. This resolution enters into force on the date of its publication.
Brasília, November 26, 2008.
Henrique de Campos Meirelles
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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