Rule · BCB · 25 Jan 2024 · Resolução CMN 5116
Consortium administrators, payment institutions, securities brokerage firms, securities distribution firms, and foreign-exchange brokerage firms are excluded from this Resolution’s scope and must instead follow regulations issued by the Central Bank of Brazil. This Resolution amends Resolutions No. 3,823/2009, 4,534/2016, 4,535/2016, 4,747/2019, 4,817/2020, and 4,842/2020. It enters into force on 1 March 2024.
RESOLUTION CMN No. 5,116, OF JANUARY 25, 2024
Amends Resolutions No. 3,823, of December 16, 2009; 3,989, of June 30, 2011; 4,516, of August 24, 2016; 4,534, of November 24, 2016; 4,535, of November 24, 2016; 4,747, of August 29, 2019; 4,817, of May 29, 2020; and 4,818, of May 29, 2020; and the CMN Resolutions No. 4,842, of July 30, 2020; 4,858, of October 23, 2020; 4,872, of November 27, 2020; 4,877, of December 23, 2020; 4,910, of May 27, 2021; 4,911, of May 27, 2021; 4,924, of June 24, 2021; 4,950, of September 30, 2021; and 4,967, of November 25, 2021, to exclude from their scope of application the securities brokerage firms, the securities distribution firms and the foreign‑exchange brokerage firms authorized to operate by the Central Bank of Brazil.
The Central Bank of Brazil, in the form of art. 9 of Law No. 4,595, of December 31, 1964, makes public that the Monetary Policy Council, in a session held on January 25, 2024, based on art. 4, items VIII and XII, of the said law, and in view of the provision of art. 61 of Law No. 11,941, of May 27, 2009,
RESOLVES:
Art. 1 The Resolution No. 3,823, of December 16, 2009, shall now be in force with the following amendment:
Art.
1º ...................................................................................................................................................................................................................................
§ 2 The provisions of this resolution do not apply to consortium administrators, payment institutions, securities brokerage firms, securities distribution firms and foreign‑exchange brokerage firms, which shall follow the rules issued by the Central Bank of Brazil in the exercise of its legal powers. (NR)
Art. 2 The Resolution No. 3,989, of June 30, 2011, shall now be in force with the following amendment:
Art.
1º ...................................................................................................................................................................................................................................
§ 2 The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage firms, securities distribution firms and foreign‑exchange brokerage firms, which shall follow the rules issued by the Central Bank of Brazil in the exercise of its legal powers. (NR)
Art. 3 The Resolution No. 4,516, of August 24, 2016, shall now be in force with the following amendment:
Art.
1º ............................................................................................................Sole paragraph The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage firms, securities distribution firms and foreign‑exchange brokerage firms, which must observe the regulation issued by the Central Bank of Brazil in the exercise of its legal powers. (NR)
Art. 4 The Resolution No. 4,534, of November 24, 2016, shall now be in force with the following amendment:
Art.
1º ............................................................................................................§ 1 The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage firms, securities distribution firms and foreign‑exchange brokerage firms, which must observe the regulation issued by the Central Bank of Brazil in the exercise of its legal powers.
................................................................................................................
(NR)
Art. 5 The Resolution No. 4,535, of November 24, 2016, shall now be in force with the following amendment:
Art.
1º ............................................................................................................Sole paragraph The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage firms, securities distribution firms and foreign‑exchange brokerage firms, which must observe the regulation issued by the Central Bank of Brazil in the exercise of its legal powers. (NR)
Art. 6 The Resolution No. 4,747, of August 29, 2019, shall now be in force with the following amendment:
Art.
1º ............................................................................................................Sole paragraph The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage firms, securities distribution firms and foreign‑exchange brokerage firms, which must observe the regulation issued by the Central Bank of Brazil in the exercise of its legal powers. (NR)
Art. 7 The Resolution No. 4,817, of May 29, 2020, shall now be in force with the following amendment:
Art.
1º ............................................................................................................Sole paragraph .........................................................................................
I – to consortium administrators, payment institutions, securities brokerage firms, securities distribution firms and foreign‑exchange brokerage firms, which must observe the regulation issued by the Central Bank of Brazil in the exercise of its legal powers; and
................................................................................................................
(NR)
Art. 8 The Resolution No. 4,818, of May 29, 2020, shall now be in force with the following amendment:
Art.
1º ............................................................................................................Sole paragraph The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage firms, securities distribution firms and foreign‑exchange brokerage firms, which must observe the regulation issued by the Central Bank of Brazil in the exercise of its legal powers. (NR)
Art. 9 CMN Resolution No. 4,842, of July 30, 2020, shall now be in force with the following amendment:
Art.
1º ............................................................................................................Sole paragraph The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage firms, securities distribution firms and foreign‑exchange brokerage firms, which must observe the regulation issued by the Central Bank of Brazil in the exercise of its legal powers. (NR)
Art. 10 CMN Resolution No. 4,858, of October 23, 2020, shall now be in force with the following amendment:
Art.
2º ............................................................................................................Sole paragraph The provision in the head does not apply to consortium administrators, payment institutions, securities brokerage firms, securities distribution firms and foreign‑exchange brokerage firms, which must observe the regulation issued by the Central Bank of Brazil in the exercise of its legal powers. (NR)
Art. 11 CMN Resolution No. 4,872, of November 27, 2020, shall now be in force with the following amendment:
Art.
1º ............................................................................................................Sole paragraph The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage firms, securities distribution firms and foreign‑exchange brokerage firms, which must observe the regulation issued by the Central Bank of Brazil in the exercise of its legal powers. (NR)
Art. 12 CMN Resolution No. 4,877, of December 23, 2020, shall now be in force with the following amendment:
Art.
1º ............................................................................................................Sole paragraph The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage firms, securities distribution firms and foreign‑exchange brokerage firms, which must observe the regulation issued by the Central Bank of Brazil in the exercise of its legal powers. (NR)
Art. 13 CMN Resolution No. 4,910, of May 27, 2021, shall now be in force with the following amendment:
Art.
1º ............................................................................................................Sole paragraph The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage firms, securities distribution firms and foreign‑exchange brokerage firms, which must observe the regulation issued by the Central Bank of Brazil in the exercise of its legal powers. (NR)
Art. 14 CMN Resolution No. 4,911, of May 27, 2021, shall now be in force with the following amendment:
Art.
1º ............................................................................................................§ 1 The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage firms, securities distribution firms and foreign‑exchange brokerage firms, which must observe the regulation issued by the Central Bank of Brazil in the exercise of its legal powers.
................................................................................................................
(NR)
Art. 15 CMN Resolution No. 4,924, of June 24, 2021, shall now be in force with the following amendment:
Art.
1º ............................................................................................................Sole paragraph The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage firms, securities distribution firms and foreign‑exchange brokerage firms, which must observe the regulation issued by the Central Bank of Brazil in the exercise of its legal powers. (NR)
Art. 16 CMN Resolution No. 4,950, of September 30, 2021, shall now be in force with the following amendment:
Art.
1º ............................................................................................................Sole paragraph .........................................................................................
.......................................................................................................................
II – to consortium administrators, payment institutions, securities brokerage firms, securities distribution firms and foreign‑exchange brokerage firms, which must observe the regulation issued by the Central Bank of Brazil in the exercise of its legal powers. (NR)
Art. 17 CMN Resolution No. 4,967, of November 25, 2021, shall now be in force with the following amendment:
Art.
1º ...................................................................................................................................................................................................................................
Sole paragraph The provisions of this Resolution do not apply to consortium administrators, payment institutions, securities brokerage firms, securities distribution firms and foreign‑exchange brokerage firms, which must observe the regulation issued by the Central Bank of Brazil in the exercise of its legal powers. (NR)
Art. 18 This Resolution enters into force on 1 March 2024.
CAROLINA DE ASSIS BARROS
President of the Central Bank of Brazil (substitute)
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“CMN Resolution No. 4,967, of November 25, 2021, shall now be in force with the following amendment”
“CMN Resolution No. 4,950, of September 30, 2021, shall now be in force with the following amendment”
“CMN Resolution No. 4,924, of June 24, 2021, shall now be in force with the following amendment”
“CMN Resolution No. 4,910, of May 27, 2021, shall now be in force with the following amendment”
“CMN Resolution No. 4,911, of May 27, 2021, shall now be in force with the following amendment”
“CMN Resolution No. 4,877, of December 23, 2020, shall now be in force with the following amendment”
“CMN Resolution No. 4,872, of November 27, 2020, shall now be in force with the following amendment”
“CMN Resolution No. 4,858, of October 23, 2020, shall now be in force with the following amendment”
“CMN Resolution No. 4,842, of July 30, 2020, shall now be in force with the following amendment”
“The Resolution No. 4,817, of May 29, 2020, shall now be in force with the following amendment”
“The Resolution No. 4,818, of May 29, 2020, shall now be in force with the following amendment”
“The Resolution No. 4,747, of August 29, 2019, shall now be in force with the following amendment”
“The Resolution No. 4,534, of November 24, 2016, shall now be in force with the following amendment”
“The Resolution No. 4,535, of November 24, 2016, shall now be in force with the following amendment”
“The Resolution No. 4,516, of August 24, 2016, shall now be in force with the following amendment”
“The Resolution No. 3,989, of June 30, 2011, shall now be in force with the following amendment”
“The Resolution No. 3,823, of December 16, 2009, shall now be in force with the following amendment”
This document amends: CMN Resolution No. 4,967 — Criteria for Accounting Recognition, Measurement, and Disclosure of Investment Property and Non-Financial Assets, CMN Resolution No. 4,950 — Accounting Criteria for Prudential Conglomerate Consolidated Financial Statements, CMN Resolution No. 4,924 — General Principles for Accounting Recognition, Measurement, Recording, and Disclosure by Financial Institutions, CMN Resolution No. 4,910 — Provisions on the Provision of Independent Audit Services for Financial Institutions and Other Institutions Authorized by the Central Bank of Brazil, CMN Resolution No. 4,911 — General Criteria for Preparation and Submission of Accounting Documents to the Central Bank of Brazil, CMN Resolution No. 4,877 — General Criteria for Measurement and Recognition of Social and Labor Obligations by Institutions Authorized by the Central Bank of Brazil, CMN Resolution No. 4,872 — General Criteria for the Accounting Recording of Shareholders' Equity of Institutions Authorized by the Central Bank of Brazil, CMN Resolution No. 4,858 — Establishes the Accounting Standard for Institutions Regulated by the Central Bank of Brazil (Cosif), Resolution CMN No. 4,842 — Consolidates General Criteria for Measurement and Recognition of Current and Deferred Tax Assets and Liabilities, Central Bank Resolution CMN No. 4817: Accounting Criteria for Investments in Affiliates, Controlled Entities, and Jointly Controlled Entities, CMN Resolution No. 4818 — Consolidates General Criteria for Preparation and Disclosure of Individual and Consolidated Financial Statements by Financial Institutions, CMN Resolution No. 4747 — Establishes accounting criteria for recognition and measurement of non-financial assets held for sale by financial institutions, CMN Resolution No. 4534 — Criteria for Accounting Recognition and Measurement of Intangible Asset Components and Deferred Asset, CMN Resolution No. 4535 — Criteria for Recognition and Accounting Recording of Fixed Asset Components for Use, Resolution CMN No. 4516 — Establishes accounting criteria applicable to institutions in out-of-court liquidation, Resolution CMN No. 3989 — Establishes criteria and conditions for measurement, recognition, and disclosure of share-based payment transactions by financial institutions and other institutions authorized to operate by the Central Bank of Brazil, Resolution CMN No. 3823 — Procedures for Recognition, Measurement, and Disclosure of Provisions, Passive Contingencies, and Active Contingencies
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