Resolution CMN No. 3841 — Directs Savings Deposit Resources and Compensation for Discounts Under Law No. 11,922/2009

RESOLUTION NO. 3841

Dispenses with the direction of resources captured in savings deposits by entities integrated into the Brazilian Savings and Loan System (SBPE) and the compensation of values related to discounts granted in accordance with Law No. 11,922, of April 13, 2009.

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 February 25, 2010, based on Articles 7 of Decree-Law No. 2,291, of November 21, 1986, 28 of Law No. 10,150, of December 21, 2000, and 9 of Law No. 11,922, of April 13, 2009,

RESOLVES:

Art. 1 The values related to discounts granted by institutions integrated into the Brazilian Savings and Loan System (SBPE) in the renegotiation of housing financing contracts formalized until September 5, 2001, within the scope of the Housing Finance System (SFH), in accordance with Law No. 11,922, of April 13, 2009, may remain computed for the purpose of complying with the exigibility established in Article 1, item I, letter "a", of the Regulation annexed to Resolution No. 3,347, of February 8, 2006, in the following manner:

I - in its entirety, until the 12th month subsequent to the date of signing the contractual amendment referred to in Article 5 of Law No. 11,922, of 2009; and

II - by the value referred to in item I, deducted, cumulatively, at a rate of 1/36 for each monthly position starting from the 13th month subsequent to the date of signing the contractual amendment referred to in Article 5 of Law No. 11,922, of 2009.

Sole Paragraph. The values referred to in this article shall be adjusted monthly by the basic remuneration of savings deposits.

Art. 2 It is optional for institutions integrated into the SBPE:

I - to compute, for the purpose of complying with the exigibility established in Article 1, item I, letter "a", of the Regulation annexed to Resolution No. 3,347, of 2006, an amount equivalent to the values referred to in Article 1 of this resolution, observing the same schedule established in its items I and II and the provisions of its sole paragraph; and

II - to apply the multiplication factors referred to in Article 13 of the Regulation annexed to Resolution No. 3,347, of 2006, to the new financing value of the borrower determined in the renegotiation provided for in Law No. 11,922, of 2009, provided that the property evaluation value, determined in accordance with Article 6 of Law No. 11,922, of 2009, does not exceed R$150,000.00 (one hundred and fifty thousand reais).

Art. 3 Article 2, item I, of the Regulation annexed to Resolution No. 3,347, of 2006, shall be effective with the following wording:

"Art. 2 ..............................................

I - financing for the acquisition or construction of residential properties, new or used, contracted under the conditions of the SFH;

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

Art. 4 Article 9 of the Regulation annexed to Resolution No. 3,347, of February 8, 2006, is hereby repealed.

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

Brasilia, February 25, 2010.

Henrique de Campos Meirelles
President