2015-09-24 | Resolução CMN 4439Added
Resolution CMN No. 4439 amends Resolution No. 4,222/2013 to allow FGC-associated institutions to capture DPGE without fiduciary cession up to 50% of their maturity amount per civil quarter between October 1, 2015, and December 31, 2016. The regulation specifies that unused limits cannot be carried forward, existing caps under Article 4 remain applicable, and special contributions must be paid to the FGC. It also permits the FGC to accept federal public titles in fiduciary cession until sufficient credit and leasing receivables are offered to complete the transaction.
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The Central Bank of Brazil, pursuant to Article 9 of Law No. 4,595 of December 31, 1964, makes public that the National Monetary Council, in a session held on September 24, 2015, based on Articles 3, item VI, and 4, item VIII, of Law No. 4,595 of 1964, Article 69 of Law No. 7,357 of September 2, 1985, and Article 7 of Decree-Law No. 2,291 of November 21, 1986, and considering the provisions of § 1 of Article 28 of Complementary Law No. 101 of May 4, 2000, § 1, item XIII, of Article 1 of Complementary Law No. 105 of January 10, 2001, and § 3, item I, of Article 1 of Resolution No. 2,197 of August 31, 1995,
R E S O L V E S:
Art. 1. Article 5-A is included in Resolution No. 4,222 of May 23, 2013, with the following wording:
“Art. 5-A. In addition to the limits provided for in Article 4, institutions associated with the FGC may capture, in each civil quarter, in the period between October 1, 2015, and December 31, 2016, DPGE without fiduciary cession, in an amount of up to 50% (fifty percent) of these instruments maturing in the respective quarter.
§ 1. For the calculation of the limit mentioned in the main text, the balances of deposits captured until August 31, 2015, determined on the last business day of the previous civil quarter, shall be considered.
§ 2. The limit referred to in the main text, when not used in whole or in part, cannot be utilized in subsequent civil quarters.
§ 3. In the capture of deposits referred to in the main text, the limit established in Article 4, § 1, item II, must be observed.
§ 4. The reducer referred to in Article 5 and the prohibition referred to in Article 3, § 8, item II, do not apply to deposits captured in the manner of the main text.
§ 5. The special contribution on the balance of deposits captured in the manner of the main text must be paid to the FGC, observing the rate provided for in Article 3, item I.
§ 6. The capture limit for the deposits referred to in the main text, relative to the 4th quarter of 2015, is increased by the amount corresponding to 50% (fifty percent) of the value of DPGE without fiduciary cession maturing between September 1 and September 30, 2015.” (NR)
Art. 2. § 12 of Article 3 of Resolution No. 4,222 of 2013 shall be effective with the following wording:
“§ 12. The FGC may accept, in fiduciary cession, federal public titles owned by an associated institution, until receivables represented by credit and leasing operations originated by said institution are offered in an amount sufficient to carry out the fiduciary cession referred to in § 1 of this article.” (NR)
Art. 3. This Resolution enters into force on the date of its publication.
Alexandre Antonio Tombini
President of the Central Bank of Brazil
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This document amends: Resolution CMN No. 4222 — Amends and Consolidates the Statute and Bylaws of the Credit Guarantee Fund (FGC)
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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