Rule · BCB · 20 Mar 1987 · Resolução CMN 1280

Resolution No. 1,280: Regulation Governing the Administration and Operation of Mutual Equity Funds as Open-Ended Condominiums

Mutual Equity Fund managing institutions must obtain prior Securities Commission authorization to operate and for amendments, replacements, mergers, spin-offs or liquidation; maintain a specialized technical department and minimum net equity; and keep records at their own expense. They must provide quotaholders monthly information within 10 days and semi-annual and annual information within 60 days, hold general meetings at least 8 days in advance, and adapt portfolios within 3 months. They are prohibited from selling quotas in installments, delegating management without authorization, and participating in the Fund's results.

BrazilBanco Central do Brasil
Annotations and obligations
57 obligations · 17 permissions · 24 definitions
  • Obligation 57
  • Permission 17
  • Definition / condition 24
  • background, boilerplate

Lineage: Amended

A newer document in RegAlert amends this one; it applies as amended.

Lei n.º 4.595, de 31 de dezembrode 1964 — dispõe sobre a política…1964 · BR-LAWLei n.º 4.595, de 31 de dezembro de 1964 — dispõe sobre a política e as instituições monetárias, bancárias e creditícias (establishes the National Financial System and the Banco Central do Brasil) (1964-12-31)Lei nº 4.728, de 14 de julho de1965 — Disciplina o mercado de ca…1965 · BR-LAWLei nº 4.728, de 14 de julho de 1965 — Disciplina o mercado de capitais e estabelece medidas para o seu desenvolvimento (Law No. 4,728 of 14 July 1965 — Regulates the capital market and establishes measures for its development (Capital Markets Law)) (1965-07-14)Law No. 6,385 of December 7, 1976– securities market; creates the …1976 · BR-LAWLaw No. 6,385 of December 7, 1976 – securities market; creates the Securities and Exchange Commission (1976-12-07)Circular Letter No. 1241:Clarifies rules applicable to Mut…1985 · BCBCircular Letter No. 1241: Clarifies rules applicable to Mutual Investment Funds under Resolution CMN 1022/85 (1985-07-04)Resolution No. 1,118 AmendingResolution No. 1,022 on Mutual In…1986 · BCBResolution No. 1,118 Amending Resolution No. 1,022 on Mutual Investment Funds (1986-04-04)Circular No. 1.023: Maximum 75% ofMutual Investment Fund Resources …1986 · BCBCircular No. 1.023: Maximum 75% of Mutual Investment Fund Resources in Shares and Minimum 75% of Remaining Resources in Federal Public Debt Securities (1986-04-15)Circular No. 1.056 — Mutual EquityFunds: Minimum 30% of Net Funds i…1986 · BCBCircular No. 1.056 — Mutual Equity Funds: Minimum 30% of Net Funds in Fixed-Income Securities, 75% of Which in Federal Public Securities (1986-08-11)Resolution No. 1,198 of 10 October1986 Amending the Regulation of M…1986 · BCBResolution No. 1,198 of 10 October 1986 Amending the Regulation of Mutual Investment Funds (1986-10-10)Circular Letter No. 1536 —Extension of the Adaptation Deadl…1986 · BCBCircular Letter No. 1536 — Extension of the Adaptation Deadline Set by Circular Letter No. 1488/86 Regarding Redemption Periods for Mutual Investment Fund Shares (1986-12-26)Circular Letter No. 1412 dated1986-05-21Not in RegAlertCircular Letter No. 1412 dated 1986-05-21 — Not in RegAlert+2 moresee all below the graph+2 moreResolution No. 1,280:Regulation Governing the Admi…1987-03-20 · this documentResolution No. 1,280: Regulation Governing the Administration and Operation of Mutual Equity Funds as Open-Ended Condominiums (1987-03-20)Resolution CMN No. 1787Authorizing the Establishment of …1991 · BCBResolution CMN No. 1787 Authorizing the Establishment of Financial Application Funds (1991-02-02)CMN Resolution No. 1791 — Repealsthe Decision Determining the Exti…1991 · BCBCMN Resolution No. 1791 — Repeals the Decision Determining the Extinction of Fixed-Income Mutual Funds as of March 1, 1991 and Authorizes the Establishment of Investment Funds in Shares of Financial Investment Funds (1991-02-26)
amendssupersedesissued underrefers todashed card: not in RegAlert (or proposed)arrows run from the older text to the one that changes it
The links and the sentences they come from (14)
Supersedes
+2 more
  • Circular Letter No. 1412 dated 1986-05-21Not in RegAlert

    “...1,412, of 21.05.86... are revoked.”

  • Resolution No. 1022 dated 1985-06-05Not in RegAlert

    “...Resolutions Nos. 1,022, of 05.06.85... are revoked.”

Amended by
Amends
Issued under

What changed in the obligations

Against Circular No. 1.023: Maximum 75% of Mutual Investment Fund Resources in Shares and Minimum 75% of Remaining Resources in Federal Public Debt Securities (1986-04-15)

71 new obligations · 2 amounts or limits changed

1 obligation is the same in both texts.

Changed (2)
  • Amount or limit
    Before
    CIRCULAR N. 001023 ------------------ We inform that the Board of the Central Bank, in a session held on this date, based on the provisions of item II of Resolution No. 1.118, of 04.04.86, decided that: a) Mutual Investment Funds, constituted in the form of item I, of art. 6, of the Regulation annexed to Resolution No. 1.022, of 05.06.85, may not maintain more than 75% (seventy-five percent) of t…
    Now
    The investments of the Mutual Equity Fund must observe the following composition requirements: I - 50% (fifty percent), at minimum, and 75% (seventy-five percent) at maximum, of the total value, must be represented by shares of publicly traded companies acquired on stock exchanges, in an over-the-counter market organized by an entity authorized by the Securities Commission, or by subscription; II…
  • Amount or limit
    Before
    2. The adaptation to the provisions of this Circular must be carried out with the mandatory application of, at minimum, 75% (seventy-five percent) of the net resources received as of this date in fixed-income securities, with, at minimum, 75% (seventy-five percent) of these in federal public securities.
    Now
    The adaptation to the provisions of item II of art. 17 by Mutual Funds of Shares constituted before 15 April 1986 shall be carried out through mandatory application of at least 30% (thirty percent) of the funds received in fixed-income securities, with at least 75% (seventy-five percent) of these in federal public securities.
New in this text (71)
  • The Fund shall have an indefinite duration and its name shall include the expression "Mutual Equity Fund".
  • Art. 2. The operation of a Mutual Equity Fund depends on prior authorization from the Securities Commission, as well as the following acts relating to the Fund: I - amendment of the regulation; II - appointment and replacement of the person responsible for the technical department of the administering institution; III - replacement of the administering institution; IV - transformation; V - merger…
  • Art. 3. The application for authorization shall be accompanied by the deliberation of the administering institution relating to the constitution of the Fund, which shall contain the full text of its regulation, which, after authorization, shall be registered with the Registry of Titles and Documents.
  • Art. 4. The regulation of the Mutual Equity Fund must mandatorily provide for: I - qualification of the administering institution; II - investment policy to be adopted by the administering institution; III - entry fee or criteria for its establishment; IV - annual administration fee; V - establishment of a grace period in accordance with the provisions of art. 31; VI - availability of monthly inf…
  • The fees, expenses and periods shall be identical for all condominium owners and shall be included in the information referred to in items VII and VIII of art. 12.
  • Paragraph 1. The administering institution shall maintain a technical department specialized in the analysis of securities and marketable securities or contract this service with an entity accredited by the Securities Commission.
  • Paragraph 2. The administration of the Fund shall be under the supervision and direct responsibility of the director of the administering institution.
  • Art. 6. The net equity of the administering institution may not be less than that established by the Securities Commission.
  • Art. 7. The administering institution has powers to exercise all rights inherent to the securities and marketable securities comprising the portfolio of the Mutual Equity Fund, including the right to vote and to attend and vote at general and special meetings.
  • It may also open and operate bank accounts, acquire and freely dispose of securities and marketable securities, settle, and, finally, perform all acts necessary for the administration of the portfolio, observing the limitations of this Regulation.
  • Art. 8. The administering institution shall set the remuneration to be received for the provision of management and administration services of the Mutual Equity Fund, and participation in the Fund's results is prohibited.
  • Art. 9. The administering institution may, upon prior notice published in the newspaper(s) referred to in item VI-I, subitem "e", of art. 12 or by means of a letter, telex or telegram addressed to each quotaholder, resign from the administration, and must immediately communicate the fact to the Securities Commission.
  • Art. 11. In the event of resignation and disqualification, the managing institution is obliged to immediately convene the general meeting to elect its replacement or resolve the liquidation of the Mutual Fund of Shares.
  • The managing institution shall remain in the exercise of its functions until its effective replacement.
  • Art. 12. The obligations of the managing institution include: I - to maintain, at its own expense, updated and in perfect order: a) the register of quotaholders; b) the book of minutes of general meetings; c) the attendance book of quotaholders; d) the file of the auditors' opinions; e) accounting records relating to the operations and the equity of the Fund; f) the documentation relating to the …
  • II - to receive dividends, bonuses or any other income or amounts of the Fund; III - to exercise or dispose of the subscription rights to shares, debentures and subscription bonuses; IV - to employ, in the defense of the rights of the quotaholders, the diligence required by the circumstances, as well as to promote the necessary judicial and extrajudicial measures; V - to bear the advertising expe…
  • VII - to provide to the quotaholders, semi-annually, information on: a) number of quotas held and their value; b) nominal and real profitability obtained in the semester; c) value and composition of the portfolio, specifying quantity, type and quotation of the securities and values that comprise it, the value of each investment and its percentage over the total value of the portfolio; d) balance …
  • Paragraph 1. The managing institution shall, within a maximum period of 10 (ten) days after the end of each month, make available to the quotaholders, at its headquarters or premises, the information referred to in items "a", "b" and "c" of item VII of this article.
  • Paragraph 2. The sending referred to in item VII of this article is not mandatory to quotaholders: I - holding quotas whose value is less than 10 (ten) National Treasury Obligations (OTN); or II - whose last sending of information was returned due to incorrectness in the declared address and who have not proceeded to update it.
  • Paragraph 3. The communications provided for in items VII, subitem "d", and VIII, subitems "a" to "e", of this article shall be sent within a maximum period of 60 (sixty) days after the end of the semester or calendar year to which they refer, and those established in the other subitems of said items, within 10 (ten) days.
  • Paragraph 4. In the case of the Mutual Fund of Shares with bearer quotas, the managing institution shall, within the periods established in the previous paragraph, make available to the quotaholders, at its headquarters and premises, the information referred to in this article.
  • Paragraph 5. The custodian institutions of the securities and values of the Mutual Fund of Shares may only accept orders signed by the legal representative(s) or attorney(s) of the managing institution, duly accredited with it for this purpose.
  • Art. 13. The managing institution is prohibited, on behalf of the Fund, from: I - receiving demand deposits; II - contracting or making loans under any modality; III - providing surety, guarantee, acceptance or becoming jointly liable in any other form; IV - trading in duplicates, promissory notes or other securities not authorized by the National Monetary Council; V - promising predetermined ret…
  • Art. 14. The managing institution is prohibited from: I - selling Fund quotas in installments; II - delegating powers to manage and administer the Fund, except with specific authorization from the Securities Commission.
  • Art. 15. For the purposes of the provisions of this Regulation, a company is considered linked: I - in which the managing institution participates directly or indirectly, with more than 10% (ten percent) of the capital; II - in which administrators of the managing institution and their respective spouses, partners or relatives up to the 2nd degree participate, jointly or separately, with more tha…
  • Art. 16. The following expenses constitute charges of the Mutual Equity Fund, in addition to the remuneration referred to in art. 8, which may be debited to it by the managing institution: I - federal, state, municipal or autarchic taxes, fees or contributions that fall or may fall on the assets, rights and obligations of the Fund; II - expenses with printing, dispatch and publication of reports,…
  • Any expenses not provided for as charges of the Fund shall be borne by the managing institution.
  • For the purpose of complying with the provisions of item I of this article, it will be admitted that daily positions in shares are at the minimum level of 20% (twenty percent) of the total value of investments, provided that the average, in each 360 (three hundred and sixty) days, is at the minimum level of 50% (fifty percent) of the total value of investments.
  • Art. 18. The investments of the Mutual Equity Fund must observe the following diversification requirements: I - the total investments in shares of a single company shall not exceed 10% (ten percent) of the voting capital or 20% (twenty percent) of its total capital; II - the total investments in securities of a single company shall not exceed 10% (ten percent) of the total investments of the fund…
  • Shares received as bonuses or resulting from the conversion of debentures and shares or convertible debentures arising from the exercise of preemptive rights shall not be considered in determining the diversification limits established herein, provided that the excess is eliminated within 6 (six) months, extendable when justified and approved by the Securities and Exchange Commission.
  • Art. 19. Purchase and sale orders for securities shall always be issued with precise identification of the Mutual Equity Fund.
  • Paragraph 1. The quotas may be represented by Investment Certificates or held in deposit accounts in the name of their holders, as established in the Fund's regulation.
  • Paragraph 2. The issuance of bearer quotas is subject to compliance with the complementary rules to be issued by the Securities and Exchange Commission and the Federal Revenue Secretariat.
  • Art. 22. The Investment Certificate, when adopted, shall contain: I - the denomination "INVESTMENT CERTIFICATE"; II - the name of the Mutual Equity Fund and its registration number in the General Taxpayers Registry of the Ministry of Finance; III - the following information about the managing institution: a) name and location of the head office; b) reference to authorization from the Securities a…
  • Art. 23. Reinvestments of earnings shall be made by issuing new quotas to be represented by new certificates or registration in the deposit account, as the case may be.
  • When the system of whole numbers of quotas is adopted, the residual value of investments or reinvestments shall be kept in a current account for future investments or, if requested, shall be paid to the quotaholder in cash.
  • Art. 26. The value of the quota shall be calculated daily.
  • Art. 27. The quotas of a Mutual Equity Fund may only be placed by: I - investment bank; II - brokerage firm; III - distribution company.
  • Art. 28. In the investment proposal, or in the receipt provided to the investor at the time of sale, the amount of resources delivered to the managing institution or its agent must be expressly stated, specifying whether they are represented by a registered check, payment order, bank check, deposit receipt in favor of the managing institution, or in cash.
  • Art. 29. The following shall be provided to the investor, mandatorily and free of charge, upon his entry as a quotaholder of the Mutual Fund of Shares: I - a copy of the Fund's regulation, referred to in art. 4; II - a brief history of the administering institution; III - a document containing the latest information referred to in items VII and VIII of art. 12, except as provided in subitem "e" o…
  • Art. 30. The quotas of the Mutual Fund of Shares may be assigned and transferred, subject to the formalities provided in the Fund's regulation.
  • Art. 31. The quotas of the Mutual Fund of Shares may have a grace period of up to 180 (one hundred and eighty) days, counted from the date of issue, for the purpose of exercising the quotaholder's right of redemption.
  • Art. 33. Redemption shall be made in cash, check or payment order without charging any fee or expense, subject to the term and conditions established by the Securities Commission.
  • In special cases, after prior consultation with the Securities Commission, redemption may be made in securities or marketable securities.
  • The General Meeting of quotaholders shall have exclusive competence to: I - approve, by April 30 of each year, the accounts relating to the Mutual Fund of Shares, prepared by the administering institution, and decide on the financial statements presented; II - amend the Fund's regulation; III - decide on the replacement of the administering institution; IV - decide on the transformation, merger, …
  • The Fund's regulation may be amended independently of a general meeting or consultation with quotaholders, whenever such amendment arises exclusively from the need to comply with requirements of the Securities Commission, as a consequence of legal or regulatory rules, and the necessary communication to quotaholders shall be arranged within 30 (thirty) days, when applicable, in the newspapers inte…
  • Art. 35. The convening of the general meeting shall be made by announcement published in the newspaper(s) intended for the disclosure of Fund information.
  • Paragraph 1. The convening announcements shall mandatorily include the day, time and place at which the meeting will be held and, also, briefly, the matters to be addressed.
  • Paragraph 2. The first convening of the general meeting shall be made at least 8 (eight) days in advance, counted from the publication of the first announcement.
  • Paragraph 3. In the cases provided in items III and IV of art. 34, if a second convening is necessary, it shall be made 5 (five) days in advance.
  • Paragraph 4. Regardless of the convening provided in this article, the general meeting attended by all quotaholders shall be considered regular.
  • Paragraph 5. The general meeting may be convened by the administering institution or by quotaholders holding at least 5% (five percent) of the total quotas issued by the Mutual Fund of Shares.
  • Art. 36. At the general meeting, which may be installed with any number, resolutions shall be taken by the criterion of majority of the quotaholders present, with each quota corresponding to one vote, except as provided in the sole paragraph of this article and in Paragraph 3 of art. 37.
  • Resolutions relating to the matters provided in items III and IV of art. 34 shall be taken, on first convening, by majority of the quotas issued and, on second convening, by majority of the quotaholders present.
  • Art. 37. The resolutions of the general meeting may be taken by means of a consultation formalized in a letter, telex or telegram sent by the administering institution to each quotaholder for response within 30 (thirty) days.
  • Paragraph 1. The consultation shall include all informative elements necessary for the exercise of the right to vote.
  • Paragraph 2. The absence of a response shall be considered as consent on the part of the quotaholders, provided that such interpretation is expressly authorized by the regulation of the Mutual Fund of Shares and stated in the consultation itself.
  • Paragraph 3. The deliberation quorum shall be that of the majority of the quotas issued, regardless of the matter.
  • Art. 38. Only quotaholders listed in the "Register of Quotaholders" or in the deposit account, as the case may be, 3 (three) days before the date set for the meeting may vote at the general meeting.
  • Art. 39. The legal representatives of the quotaholders or their duly constituted attorneys shall be qualified to attend the general meeting or to vote in the deliberation process by consultation.

The first 60 of 71 are shown.

Against Circular Letter No. 1241: Clarifies rules applicable to Mutual Investment Funds under Resolution CMN 1022/85 (1985-07-04)

72 new obligations

2 obligations are the same in both texts.

New in this text (72)
  • The Fund shall have an indefinite duration and its name shall include the expression "Mutual Equity Fund".
  • Art. 2. The operation of a Mutual Equity Fund depends on prior authorization from the Securities Commission, as well as the following acts relating to the Fund: I - amendment of the regulation; II - appointment and replacement of the person responsible for the technical department of the administering institution; III - replacement of the administering institution; IV - transformation; V - merger…
  • Art. 3. The application for authorization shall be accompanied by the deliberation of the administering institution relating to the constitution of the Fund, which shall contain the full text of its regulation, which, after authorization, shall be registered with the Registry of Titles and Documents.
  • Art. 4. The regulation of the Mutual Equity Fund must mandatorily provide for: I - qualification of the administering institution; II - investment policy to be adopted by the administering institution; III - entry fee or criteria for its establishment; IV - annual administration fee; V - establishment of a grace period in accordance with the provisions of art. 31; VI - availability of monthly inf…
  • The fees, expenses and periods shall be identical for all condominium owners and shall be included in the information referred to in items VII and VIII of art. 12.
  • Paragraph 1. The administering institution shall maintain a technical department specialized in the analysis of securities and marketable securities or contract this service with an entity accredited by the Securities Commission.
  • Paragraph 2. The administration of the Fund shall be under the supervision and direct responsibility of the director of the administering institution.
  • Art. 6. The net equity of the administering institution may not be less than that established by the Securities Commission.
  • Art. 7. The administering institution has powers to exercise all rights inherent to the securities and marketable securities comprising the portfolio of the Mutual Equity Fund, including the right to vote and to attend and vote at general and special meetings.
  • It may also open and operate bank accounts, acquire and freely dispose of securities and marketable securities, settle, and, finally, perform all acts necessary for the administration of the portfolio, observing the limitations of this Regulation.
  • Art. 8. The administering institution shall set the remuneration to be received for the provision of management and administration services of the Mutual Equity Fund, and participation in the Fund's results is prohibited.
  • Art. 9. The administering institution may, upon prior notice published in the newspaper(s) referred to in item VI-I, subitem "e", of art. 12 or by means of a letter, telex or telegram addressed to each quotaholder, resign from the administration, and must immediately communicate the fact to the Securities Commission.
  • Art. 11. In the event of resignation and disqualification, the managing institution is obliged to immediately convene the general meeting to elect its replacement or resolve the liquidation of the Mutual Fund of Shares.
  • The managing institution shall remain in the exercise of its functions until its effective replacement.
  • Art. 12. The obligations of the managing institution include: I - to maintain, at its own expense, updated and in perfect order: a) the register of quotaholders; b) the book of minutes of general meetings; c) the attendance book of quotaholders; d) the file of the auditors' opinions; e) accounting records relating to the operations and the equity of the Fund; f) the documentation relating to the …
  • II - to receive dividends, bonuses or any other income or amounts of the Fund; III - to exercise or dispose of the subscription rights to shares, debentures and subscription bonuses; IV - to employ, in the defense of the rights of the quotaholders, the diligence required by the circumstances, as well as to promote the necessary judicial and extrajudicial measures; V - to bear the advertising expe…
  • VII - to provide to the quotaholders, semi-annually, information on: a) number of quotas held and their value; b) nominal and real profitability obtained in the semester; c) value and composition of the portfolio, specifying quantity, type and quotation of the securities and values that comprise it, the value of each investment and its percentage over the total value of the portfolio; d) balance …
  • Paragraph 1. The managing institution shall, within a maximum period of 10 (ten) days after the end of each month, make available to the quotaholders, at its headquarters or premises, the information referred to in items "a", "b" and "c" of item VII of this article.
  • Paragraph 2. The sending referred to in item VII of this article is not mandatory to quotaholders: I - holding quotas whose value is less than 10 (ten) National Treasury Obligations (OTN); or II - whose last sending of information was returned due to incorrectness in the declared address and who have not proceeded to update it.
  • Paragraph 3. The communications provided for in items VII, subitem "d", and VIII, subitems "a" to "e", of this article shall be sent within a maximum period of 60 (sixty) days after the end of the semester or calendar year to which they refer, and those established in the other subitems of said items, within 10 (ten) days.
  • Paragraph 4. In the case of the Mutual Fund of Shares with bearer quotas, the managing institution shall, within the periods established in the previous paragraph, make available to the quotaholders, at its headquarters and premises, the information referred to in this article.
  • Paragraph 5. The custodian institutions of the securities and values of the Mutual Fund of Shares may only accept orders signed by the legal representative(s) or attorney(s) of the managing institution, duly accredited with it for this purpose.
  • Art. 13. The managing institution is prohibited, on behalf of the Fund, from: I - receiving demand deposits; II - contracting or making loans under any modality; III - providing surety, guarantee, acceptance or becoming jointly liable in any other form; IV - trading in duplicates, promissory notes or other securities not authorized by the National Monetary Council; V - promising predetermined ret…
  • Art. 14. The managing institution is prohibited from: I - selling Fund quotas in installments; II - delegating powers to manage and administer the Fund, except with specific authorization from the Securities Commission.
  • Art. 15. For the purposes of the provisions of this Regulation, a company is considered linked: I - in which the managing institution participates directly or indirectly, with more than 10% (ten percent) of the capital; II - in which administrators of the managing institution and their respective spouses, partners or relatives up to the 2nd degree participate, jointly or separately, with more tha…
  • Art. 16. The following expenses constitute charges of the Mutual Equity Fund, in addition to the remuneration referred to in art. 8, which may be debited to it by the managing institution: I - federal, state, municipal or autarchic taxes, fees or contributions that fall or may fall on the assets, rights and obligations of the Fund; II - expenses with printing, dispatch and publication of reports,…
  • Any expenses not provided for as charges of the Fund shall be borne by the managing institution.
  • The investments of the Mutual Equity Fund must observe the following composition requirements: I - 50% (fifty percent), at minimum, and 75% (seventy-five percent) at maximum, of the total value, must be represented by shares of publicly traded companies acquired on stock exchanges, in an over-the-counter market organized by an entity authorized by the Securities Commission, or by subscription; II…
  • For the purpose of complying with the provisions of item I of this article, it will be admitted that daily positions in shares are at the minimum level of 20% (twenty percent) of the total value of investments, provided that the average, in each 360 (three hundred and sixty) days, is at the minimum level of 50% (fifty percent) of the total value of investments.
  • Art. 18. The investments of the Mutual Equity Fund must observe the following diversification requirements: I - the total investments in shares of a single company shall not exceed 10% (ten percent) of the voting capital or 20% (twenty percent) of its total capital; II - the total investments in securities of a single company shall not exceed 10% (ten percent) of the total investments of the fund…
  • Shares received as bonuses or resulting from the conversion of debentures and shares or convertible debentures arising from the exercise of preemptive rights shall not be considered in determining the diversification limits established herein, provided that the excess is eliminated within 6 (six) months, extendable when justified and approved by the Securities and Exchange Commission.
  • Art. 19. Purchase and sale orders for securities shall always be issued with precise identification of the Mutual Equity Fund.
  • Art. 20. Mutual Equity Funds must adapt to the portfolio composition and diversification requirements within a maximum period of 3 (three) months from the date on which authorization to operate is granted.
  • Paragraph 1. The quotas may be represented by Investment Certificates or held in deposit accounts in the name of their holders, as established in the Fund's regulation.
  • Paragraph 2. The issuance of bearer quotas is subject to compliance with the complementary rules to be issued by the Securities and Exchange Commission and the Federal Revenue Secretariat.
  • Art. 22. The Investment Certificate, when adopted, shall contain: I - the denomination "INVESTMENT CERTIFICATE"; II - the name of the Mutual Equity Fund and its registration number in the General Taxpayers Registry of the Ministry of Finance; III - the following information about the managing institution: a) name and location of the head office; b) reference to authorization from the Securities a…
  • Art. 23. Reinvestments of earnings shall be made by issuing new quotas to be represented by new certificates or registration in the deposit account, as the case may be.
  • When the system of whole numbers of quotas is adopted, the residual value of investments or reinvestments shall be kept in a current account for future investments or, if requested, shall be paid to the quotaholder in cash.
  • Art. 27. The quotas of a Mutual Equity Fund may only be placed by: I - investment bank; II - brokerage firm; III - distribution company.
  • Art. 28. In the investment proposal, or in the receipt provided to the investor at the time of sale, the amount of resources delivered to the managing institution or its agent must be expressly stated, specifying whether they are represented by a registered check, payment order, bank check, deposit receipt in favor of the managing institution, or in cash.
  • Art. 30. The quotas of the Mutual Fund of Shares may be assigned and transferred, subject to the formalities provided in the Fund's regulation.
  • Art. 31. The quotas of the Mutual Fund of Shares may have a grace period of up to 180 (one hundred and eighty) days, counted from the date of issue, for the purpose of exercising the quotaholder's right of redemption.
  • Art. 33. Redemption shall be made in cash, check or payment order without charging any fee or expense, subject to the term and conditions established by the Securities Commission.
  • In special cases, after prior consultation with the Securities Commission, redemption may be made in securities or marketable securities.
  • The General Meeting of quotaholders shall have exclusive competence to: I - approve, by April 30 of each year, the accounts relating to the Mutual Fund of Shares, prepared by the administering institution, and decide on the financial statements presented; II - amend the Fund's regulation; III - decide on the replacement of the administering institution; IV - decide on the transformation, merger, …
  • The Fund's regulation may be amended independently of a general meeting or consultation with quotaholders, whenever such amendment arises exclusively from the need to comply with requirements of the Securities Commission, as a consequence of legal or regulatory rules, and the necessary communication to quotaholders shall be arranged within 30 (thirty) days, when applicable, in the newspapers inte…
  • Art. 35. The convening of the general meeting shall be made by announcement published in the newspaper(s) intended for the disclosure of Fund information.
  • Paragraph 1. The convening announcements shall mandatorily include the day, time and place at which the meeting will be held and, also, briefly, the matters to be addressed.
  • Paragraph 2. The first convening of the general meeting shall be made at least 8 (eight) days in advance, counted from the publication of the first announcement.
  • Paragraph 3. In the cases provided in items III and IV of art. 34, if a second convening is necessary, it shall be made 5 (five) days in advance.
  • Paragraph 4. Regardless of the convening provided in this article, the general meeting attended by all quotaholders shall be considered regular.
  • Paragraph 5. The general meeting may be convened by the administering institution or by quotaholders holding at least 5% (five percent) of the total quotas issued by the Mutual Fund of Shares.
  • Art. 36. At the general meeting, which may be installed with any number, resolutions shall be taken by the criterion of majority of the quotaholders present, with each quota corresponding to one vote, except as provided in the sole paragraph of this article and in Paragraph 3 of art. 37.
  • Resolutions relating to the matters provided in items III and IV of art. 34 shall be taken, on first convening, by majority of the quotas issued and, on second convening, by majority of the quotaholders present.
  • Art. 37. The resolutions of the general meeting may be taken by means of a consultation formalized in a letter, telex or telegram sent by the administering institution to each quotaholder for response within 30 (thirty) days.
  • Paragraph 1. The consultation shall include all informative elements necessary for the exercise of the right to vote.
  • Paragraph 2. The absence of a response shall be considered as consent on the part of the quotaholders, provided that such interpretation is expressly authorized by the regulation of the Mutual Fund of Shares and stated in the consultation itself.
  • Paragraph 3. The deliberation quorum shall be that of the majority of the quotas issued, regardless of the matter.
  • Art. 38. Only quotaholders listed in the "Register of Quotaholders" or in the deposit account, as the case may be, 3 (three) days before the date set for the meeting may vote at the general meeting.
  • Art. 39. The legal representatives of the quotaholders or their duly constituted attorneys shall be qualified to attend the general meeting or to vote in the deliberation process by consultation.

The first 60 of 72 are shown.

“Not carried over” means the sentence has no counterpart in this text; the rule can still be in force in another text.

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