2009-03-26 | Resolução CMN 3695Added
Resolution CMN No. 3695 prohibits financial institutions from postponing cash withdrawals of R$5,000 or less from demand deposit accounts, allowing deferral only for amounts exceeding this threshold. It bans debiting deposit accounts without prior written or electronic client authorization, which must include a validity period and can be cancelled by the client at any time. Institutions are also required to honor client requests to cancel automatic debit authorizations, except when these relate to credit operations contracted with the institution itself. The resolution entered into force on the date of its publication, March 26, 2009.
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Provides for procedures regarding the movement and maintenance of deposit accounts.
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 March 26, 2009, based on Article 4, item VIII, of the aforementioned law,
RESOLVES:
Art. 1 This resolution provides for procedures regarding the movement and maintenance of deposit accounts, without prejudice to the provisions contained in the regulation applicable to the matter.
Art. 2 It is prohibited to postpone cash withdrawals from demand deposit accounts of a value equal to or less than R$5,000.00 (five thousand reais), with deferral to the next business day admitted for withdrawals of a value higher than established.
Art. 3 Financial institutions are prohibited from making debits in deposit accounts without prior authorization from the client.
§ 1 The authorization referred to in the caput must be provided in writing or electronically, with a stipulated validity period, which may be indefinite, admitted its provision in the contractual instrument itself for opening the deposit account.
§ 2 The cancellation of the authorization referred to in the caput must take effect from the date defined by the client or, in their absence, from the date of receipt by the financial institution of the relevant request.
Art. 4 Financial institutions are obliged to comply with requests for cancellation of automatic debit authorizations in demand deposit accounts, presented by clients, provided they do not arise from obligations related to credit operations contracted with the financial institution itself.
Art. 5 This resolution enters into force on the date of its publication.
Brasília, March 26, 2009.
Henrique de Campos Meirelles
President
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Amended 2 times · last 2022-02-17
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