Resolution CMN No. 4996 — Defines Procedures for Financial Institutions to Contract Credit Operations under the Fiscal Recovery Regime

RESOLUTION CMN NO. 4,996, OF MARCH 24, 2022

Defines procedures for financial institutions to contract credit operations within the scope of the Fiscal Recovery Regime provided for in Complementary Law No. 159, of May 19, 2017.

The Central Bank of Brazil, in accordance with Art. 9 of Law No. 4,595, of December 31, 1964, makes it public that the National Monetary Council, in a session held on March 24, 2022, based on Art. 4, items VI and VIII, of Law No. 4,595, of 1964, and Arts. 5, 7, and 8 of Decree No. 10,139, of November 28, 2019,

RESOLVES:

Art. 1 Credit operations to be contracted by financial institutions with a state or with the Federal District that has obtained homologation of the Fiscal Recovery Regime provided for in Complementary Law No. 159, of May 19, 2017, are not subject to the procedures of Art. 1 of Resolution No. 4,940, of August 26, 2021, while the aforementioned regime is in effect, and must observe, in addition to the provisions of the laws governing the matter and the regulation established by the Ministry of Economy, the provisions of this Resolution.

Art. 2 For the purpose of contracting the credit operations referred to in Art. 1, institutions authorized to operate with the public sector must centralize the receipt of all documents necessary to verify applicable limits and conditions, being responsible for forwarding the request to the Ministry of Economy.

Art. 3 The formalization of contractual instruments will only be effective after:

I - the manifestation of the National Treasury Secretariat, an organ integrated into the Ministry of Economy, regarding the verification of limits and conditions applicable to the credit operations provided for in this Resolution;

II - the verification of the interested party's compliance with financial institutions and other institutions authorized to operate by the Central Bank of Brazil, as well as the non-existence of pending registration records in the Credit Operations Registration System with the Public Sector (Cadip), in accordance with Art. 7 of CMN Resolution No. 4,995, of March 24, 2022.

Art. 4 Resolution No. 4,605, of October 19, 2017, is hereby revoked.

Art. 5 This Resolution enters into force on May 2, 2022.

Roberto de Oliveira Campos Neto
President of the Central Bank of Brazil