BCB Resolution n° 11 of 24/8/2020 and CMN Resolution n° 4,847 of 24/8/2020 dealing with the Peac-Maquininhas, insituated by Law 14.042, of 19.08.2020, were published yesterday.
The CMN Resolution provides for operations contracted by financial institutions within the scope of the Emergency Program for Access to Credit in the form of guarantee of receivables (Peac-Maquininhas).
For the purposes of verification of compliance with the eligibility criterion of the individual microentrepreneur, the microenterprise and the small-sized company provided for in art. 10, sole paragraph, item II, of Law No. 14,042, of August 19, 2020, the participating financial institutions may use internal verification processes, including consultation to information systems, to databases and to registries with information about receivables from payment arrangements and credit transactions guaranteed through them, observed, until November 2, 2020, the discipline of Resolution No. 4,707, of December 19, 2018.
The participating financial institutions may only accept as guarantee of the credit operations the institution of fiduciary assignment of receivables to be constituted in payment arrangements whose financial flow is settled in a compensation and settlement system authorized to operate by the Central Bank of Brazil.
The Resolution of the BCB, in turn, establishes that the Central Bank will provide the financial institutions participating in the Emergency Program of Access to Credit in the form of guarantee of receivables (Peac-Maquininhas), upon prior consultation carried out, conditioned to obtaining in advance, in electronic, digital or physical means, the express consent of the customers, the following information contained in their databases:
I - the total aggregate value of receivables from payment arrangements settled in a centralized manner, between March 1, 2019 and February 29, 2020, in the clearing and settlement system referred to in article 26, item I, of Circular No. 3,682, of November 4, 2013, object of Communiqué No. 31,149 of August 31, 2017;
II - the number of months in which the value of settlements recorded in the database referred to in item I was zero;
III - the payment arrangements that made up the amount calculated in item I; and
IV - the classification, on March 20, 2020, of the individual entrepreneur or legal entity whose enrollment number in the National Register of Legal Entities (CNPJ) has been consulted as an individual micro-entrepreneur, a micro-company or a small-sized company, according to the list forwarded by the Special Secretariat of the Federal Revenue of Brazil.
Below, the full text of the regulations:
