RESOLUTION

CMN NO. 5,057, OF DECEMBER 15, 2022

Provides for the portability of credit operations and financial leasing.

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 December 15, 2022, based on Arts. 4, items VI, VIII, and IX, of the aforementioned Law, 20, § 1, of Law No. 4,864, of November 29, 1965, 1 of Decree-Law No. 70, of November 21, 1966, 33-E of Law No. 9,514, of November 20, 1997, 7 and 23, item "a", of Law No. 6,099, of September 12, 1974, 1, item II, of Law No. 10,194, of February 14, 2001, and 1, § 1, of Complementary Law No. 130, of April 17, 2009,

RESOLVES:

CHAPTER I

OBJECT AND SCOPE OF APPLICATION

Art. 1. This Resolution regulates the portability of credit operations and financial leasing by financial institutions and other institutions authorized to operate by the Central Bank of Brazil.

CHAPTER II

DEFINITIONS

Art. 2. For the purposes of this Resolution, the following are considered:

I - portability: transfer of a credit operation or financial leasing from the original creditor institution to the proposing institution, upon request by the debtor;

II - original creditor institution: institution referred to in Art. 1 that is the creditor of the operation subject to portability;

III - proposing institution: institution referred to in Art. 1 that receives the operation subject to portability;

IV - debtor: natural person(s), including individual entrepreneurs, and legal entity(ies) holding the credit operation or financial leasing subject to portability;

V - overdraft: revolving credit limit linked to a checking deposit account; and

VI - maximum coverage value: maximum amount of resources that the proposing institution commits to transfer to the original creditor institution to settle the outstanding balance and effectuate the portability of the overdraft or the outstanding balance of the post-paid payment instrument invoice; (Amended, effective July 1, 2024, by Resolution CMN No. 5,112, of December 21, 2023.)

VII - outstanding balance of the post-paid payment instrument invoice: consolidated outstanding balance of revolving credit and installment operations linked to the respective post-paid payment account; and (Included, effective July 1, 2024, by Resolution CMN No. 5,112, of December 21, 2023.)

VIII - consolidated credit operation: credit operation that consolidates all credit operations subject to the outstanding balance of the post-paid payment instrument invoice at the original creditor institution. (Included, effective July 1, 2024, by Resolution CMN No. 5,112, of December 21, 2023.)

CHAPTER III

PORTABILITY

Art. 3. The original creditor institution must guarantee the portability of credit operations and financial leasing when requested by the debtor, upon receipt of resources transferred by the proposing institution.

CHAPTER IV

PROCEDURES FOR CARRYING OUT PORTABILITY THROUGH AN ELECTRONIC SYSTEM

Art. 4. The institutions referred to in Art. 1 must observe the procedures established in this Chapter for the portability of credit operations contracted by natural persons, as well as credit operations contracted by individual entrepreneurs or legal entities eligible for contracting by natural persons.

Sole Paragraph. The use of alternative procedures aimed at obtaining a result similar to the portability referred to in the main text is prohibited.

Art. 5. The exchange of information between the original creditor and proposing institutions must be carried out through: (Amended by Resolution CMN No. 5,265, of November 28, 2025.)

I - an electronic system managed by an entity operating a registration, deposit, clearing, or settlement system authorized to operate by the Central Bank of Brazil; or (Included by Resolution CMN No. 5,265, of November 28, 2025.)

II - the Open Finance infrastructure. (Included by Resolution CMN No. 5,265, of November 28, 2025.)

§ 1. The means mentioned in the main text must assign a specific identification code for portability, to be used in the exchange of information between the institutions. (Amended by Resolution CMN No. 5,265, of November 28, 2025.)

§ 2. Institutions must not allow the portability of credit from the same credit contract if a portability request for that contract is pending in any of the means referred to in the main text. (Included by Resolution CMN No. 5,265, of November 28, 2025.)

Art. 6. The value and term of the operation at the proposing institution cannot be higher, respectively, than the outstanding balance and the remaining term of the credit operation subject to portability at the original creditor institution on the date of the resource transfer referred to in Art. 9.

§ 1. If the installment value of the credit operation subject to portability at the proposing institution is higher than the installment value at the original creditor institution, the proposing institution must obtain formal and specific manifestation of the debtor's agreement with the increase in the installment value.

§ 2. In the case of portability of the outstanding balance of an overdraft or the outstanding balance of the post-paid payment instrument invoice, the value of the operation at the proposing institution cannot be higher than the outstanding balance informed by the original creditor institution. (Amended, effective July 1, 2024, by Resolution CMN No. 5,112, of December 21, 2023.)

§ 3. Portability is admitted for a credit modality different from that contracted with the original creditor institution, in which case the restriction regarding the term of the operation established in the main text does not apply.

Art. 7. Upon formal and specific request by the debtor, the proposing institution must send a portability request to the original creditor institution, containing at least the following information:

I - the debtor's registration number in the Individual Taxpayer Registry (CPF) or in the National Registry of Legal Entities (CNPJ);

II - the contract number of the credit operation subject to portability assigned by the original creditor institution;

III - the credit proposal from the proposing institution to the debtor of the credit operation to be ported, containing the annual nominal and effective interest rate, the Effective Total Cost (ETC), the term of the operation, the amortization system, and the installment values;

IV - three reference dates for calculating the outstanding balance of the credit operation subject to portability, when it is a real estate credit operation;

V - the price index or remuneration base to be used in the proposed credit operation, if applicable;

VI - the debtor's phone number, including the direct dialing code (DDD), or electronic address; and

VII - the complete address, with Postal Code (CEP), or electronic address of the proposing institution, for receiving documentation related to portability.

§ 1. The installment value mentioned in item III of the main text, when subject to a price index or variable remuneration base throughout the contract, must be calculated based on the values of these parameters in effect on the date of sending the information.

§ 2. The proposing institution must make available to the debtor, in physical or electronic form, the information contained in the portability request referred to in the main text.

§ 3. In the case of portability of the outstanding balance of an overdraft or the outstanding balance of the post-paid payment instrument invoice, the proposing institution must include the maximum coverage value in the credit proposal referred to in item III of the main text. (Amended, effective July 1, 2024, by Resolution CMN No. 5,112, of December 21, 2023.)

§ 4. In the case of a portability request for the outstanding balance of the post-paid payment instrument invoice, the credit proposal referred to in item III of the main text must be carried out through a single consolidated credit operation. (Included, effective July 1, 2024, by Resolution CMN No. 5,112, of December 21, 2023.)

Art. 7-A. For the purposes of portability of the outstanding balance of the post-paid payment instrument invoice, the original creditor institution that makes a counter-proposal must present to the client, at least, a consolidated credit operation proposal with the same term as the operation proposed by the proposing institution. (Included, effective July 1, 2024, by Resolution CMN No. 5,112, of December 21, 2023.)

Art. 8. The original creditor institution must request the proposing institution to transfer the resources necessary to effectuate the portability within the following timeframes, counted from the date of receipt of the request referred to in Art. 7: (Amended by Resolution CMN No. 5,265, of November 28, 2025.)

I - within five business days, for the exchange of information regarding portability carried out through the provision of Art. 5, item I; and (Included by Resolution CMN No. 5,265, of November 28, 2025.)

II - within three business days, for the exchange of information regarding portability carried out through the provision of Art. 5, item II. (Included by Resolution CMN No. 5,265, of November 28, 2025.)

§ 1. The request referred to in the main text must include at least the following information:

I - the outstanding balance of the credit operation subject to portability:

a) on the reference dates mentioned in Art. 7, item IV, when it is a real estate credit operation; or

b) on the date of sending the information, for other credit operations;

II - the remaining term and the due date of the last installment of the credit operation subject to portability, not applicable in the case of portability of an overdraft operation or the outstanding balance of the post-paid payment instrument invoice; and (Amended, effective July 1, 2024, by Resolution CMN No. 5,112, of December 21, 2023.)

III - the data necessary to effectuate the transfer of resources referred to in Art. 9.

§ 2. If the debtor decides not to effectuate the portability, the original creditor institution must inform this decision to the proposing institution within two business days, counted from the formalization of the withdrawal by the debtor, in substitution for the information provided in § 1.

§ 3. The original creditor institution must maintain in its records documentation proving the debtor's decision not to effectuate the portability.

§ 4. If the outstanding balance of the overdraft or the outstanding balance of the post-paid payment instrument invoice subject to portability, on the date of receipt of the information referred to in item I of § 1, is higher than the maximum coverage value, the institution may not effectuate the portability. (Amended, effective July 1, 2024, by Resolution CMN No. 5,112, of December 21, 2023.)

Art. 9. The transfer of resources from the proposing institution to the original creditor institution to effectuate the portability must be carried out based on the information contained in the request referred to in Art. 8.

§ 1. In the case of portability of a real estate credit operation, the resource transfer referred to in the main text must be carried out on one of the reference dates mentioned in Art. 7, item IV.

§ 2. For other credit operations not mentioned in § 1, the transfer of resources must be carried out on the date of receipt of the information referred to in § 1 of Art. 8.

Art. 10. The original creditor institution must confirm to the proposing institution, within two business days, counted from the date of the transfer referred to in Art. 9, the receipt of the resources or any inconsistency in the transfer information that would prevent the effectuation of the portability.

Art. 11. The original creditor institution must send to the proposing institution, at the address(es) referred to in Art. 7, item VII, within two business days counted from the confirmation of receipt of the resources referred to in Art. 10, a document that attests, for all legal purposes, the effectuation of the portability of the operation.

Sole Paragraph. In real estate credit operations, the document referred to in the main text must contain all information, declarations, and signatures necessary for the registration, in a single act, of the subrogation of the debt and the respective fiduciary or mortgage guarantee on the real estate subject to the ported credit operation, in favor of the proposing institution, at the competent real estate registry office, in accordance with Art. 167, item II, item 30, of Law No. 6,015, of December 31, 1973.

Art. 12. The real estate credit operation of the Housing Financial System (SFH) that becomes subject to portability will remain in this condition, including for the purpose of verifying compliance with the requirement to apply captured resources in savings deposits, and must observe the legal and regulatory provisions relating to the SFH, except for the maximum limit of the property appraisal value.

Sole Paragraph. Other real estate credit operations subject to portability may be reclassified into the SFH, provided they observe the granting criteria and the general and specific conditions established in the regulation and legislation of this system.

Art. 13. The institutions referred to in Art. 1 must disclose to their clients the information necessary for the exercise of the right to portability, as well as the procedures for its request, in a location and format visible to the public within their premises and those of their correspondents in the country and on their respective websites.

Art. 14. In the portability of credit operations that have been assigned to entities not part of the National Financial System, the financial institution responsible for administering the payment flow of the assigned credit operation must assume the obligations of the original creditor institution provided for in this Resolution.

CHAPTER V

COSTS AND FINANCIAL REIMBURSEMENT OF PORTABILITY

Art. 15. Costs related to the exchange of information and transfer of resources between the proposing and original creditor institutions cannot be passed on to the debtor.

Art. 16. The original creditor institution may charge financial reimbursement for the origination cost of the credit operation subject to portability, which cannot be passed on to the debtor.

Sole Paragraph. (Revoked, effective July 1, 2024, by Resolution CMN No. 5,112, of December 21, 2023.)

§ 1. The charging of the financial reimbursement referred to in the main text is prohibited in the portability of the outstanding balance of the post-paid payment instrument invoice. (Included, effective July 1, 2024, by Resolution CMN No. 5,112, of December 21, 2023.)

§ 2. For the operations referred to in Art. 4, the reimbursement referred to in the main text must be proportional to the value of the outstanding balance calculated at the time of the resource transfer and decreasing according to the term elapsed from the operation, with its settlement falling to the proposing institution. (Included, effective July 1, 2024, by Resolution CMN No. 5,112, of December 21, 2023.)

CHAPTER VI

GENERAL PROVISIONS

Art. 17. The standardized procedures established in Chapter IV do not apply to the portability of credit operations not referred to in Art. 4 and to financial leasing operations.

Art. 17-A. Portability of the outstanding balance of the post-paid payment instrument invoice does not apply to credit cards and other post-paid payment instruments whose contracts provide for invoice payment through payroll deduction. (Included, effective July 1, 2024, by Resolution CMN No. 5,112, of December 21, 2023.)

Art. 17-B. Credit portability through Open Finance must observe the provisions of this Resolution and specific regulation. (Included by Resolution CMN No. 5,265, of November 28, 2025.)

Art. 18. In the case of portability of financial leasing, the need to observe the minimum timeframes established in current regulation must be taken into account so that the operation is not considered as a sale and purchase on installment.

CHAPTER VII

FINAL PROVISIONS

Art. 19. The Central Bank of Brazil may adopt, within the scope of its legal competencies, complementary measures necessary for the execution of the provisions of this Resolution, including:

I - regulate the disclosure of reports with information on portability operations processed in the electronic system referred to in Chapter IV;

II - limit the requirement for financial reimbursement referred to in Art. 16 based on the modality, outstanding balance, and term elapsed from the operation; and

III - establish the procedures related to the carrying out of the transfer of resources between the institutions referred to in Art. 1 to effectuate the portability.

Art. 20. The following are revoked:

I - Art. 1 of Resolution No. 3,401, of September 6, 2006;

II - Resolution No. 4,292, of December 20, 2013;

III - Resolution No. 4,762, of November 27, 2019; and

IV - Art. 1 of Resolution CMN No. 4,862, of October 23, 2020.

Art. 21. This Resolution enters into force on March 1, 2023.

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