BRZ CVM New Agribusiness Funds Rules

Published on: Oct 3, 2024

On Sep. 30, BRZ CVM issued new requirements for agribusiness funds.

  • CVM issued Resolution 214 for Investment funds in agribusiness production chains (Fiagros), after trial period with temporary rules, it adds Annex VI to Resolution 175.
  • Annex VI of Resolution 175, see #169200, contains the definitive regulation of Fiagro.
  • BRZ Anbima issued a press release informing on new regulations for the sector.
  • Follows prior BRZ CVM proposal to implement Fiagro regulation, see #110905.
  • Highlights
  • With new regulations for Fiagro, CVM mainly seeks to facilitate access by local agribusiness to Brazilian public savings resources through investment funds.
  • New rules allow for the expansion of the investment capacity of these vehicles.
  • Making it possible to acquire, in the same fund, all the assets listed in Law 8.668.
  • This includes operations with physical and financial CPR, exploration of rural properties as well as acquisition of shares in companies in the agribusiness production chain.
  • Fiagros will be allowed to participate in the carbon market; however, it is very important to consider that, for now, this market in Brazil still has extra-market risks.
  • So the regulation imposes additional governance requirements on the operation.
  • The requirements are aimed at protecting FIAGRO shareholders, more related to the control of the existence, integrity and ownership of agribusiness carbon credits.
  • Also, considering that ethanol production is an agribusiness activity, Fiagros will be allowed to acquire decarbonization credits, CBIO, a product traded on organized OTC.
  • CVM also seeks to provide them with standards of conduct, informational transparency
  • Governance that serves to protect investors, a fundamental mandate of the BRZ CVM.
  • Effectiveness
  • Resolution 214 comes into force on Mar. 3, 2025; Fiagro funds that are already in operation must adopt and comply with the new regulations by Sep. 30, 2025.
Regulators
BRZ CVM
Entity Types
B/D; HF; IA; Inv Co; OTC
Reference
Res 214, PR, 9/30/2024
Functions
Compliance; C-Suite; Financial; Legal; Market Conduct; Reporting; Trading
Countries
Brazil
Category
State
N/A
Products
Commodities; Corporate; Equity; Fund Mgt; Securities
Rule Type
Final
Regions
Am
Rule Date
Sep 30, 2024
Effective Date
Mar 3, 2025
Rule ID
228109
Linked to
Reg. Last Update
Sep 30, 2024
Report Section
International