BRZ CB Non-Resident Investments


On Dec. 3, BRZ CB issued resolution to simplify foreign investments.


  • BRZ CB and BRZ CVM published Joint Resolution No. 13 providing for the investment of non-resident individuals and legal entities in the financial and securities markets.
  • Also published related Circular Letter CVM/SIN 8/2024, guidance on new operations for obtaining registration and CPF for non-resident investors exempted under Res 13.
  • Resolution Overview
  • Aims to expand the possibility of foreign portfolio investments in a simplified manner.
  • And improve access to the financial and securities markets for non-resident investors.
  • Resulted from extensive study through BCB-CVM Social Participation Notice 103/2024.
  • Highlights
  • Adopts value criteria for exemption from the need for a representative for investors.
  • The measure reduces compliance costs, facilitating foreign investment in the country.
  • Simplifies procedures for non-resident investors re the obligation to set up a custodian.
  • Does not eliminate the role of the custodian but makes prior establishment optional.
  • Brings the form of investment by non-residents closer to the conditions currently applicable to resident investors, also benefiting people who have moved abroad.
  • Provides greater clarity in the process of changing the investor's residence status.
  • Allows funds from non-residents through the issuance of depositary receipts abroad.
  • Ends the Electronic Declaratory Registry, Portfolio Module (RDE-Portfolio) and the need for mandatory simultaneous exchange operations and international transfers in reais.
  • Includes clearing and settlement chambers and service providers as representatives.
  • Extends the retention period for information and supporting documents to 10 years.
  • Circular Letter
  • Currently, BRZ CVM generates a fictitious code to serve the B3 system for registration.
  • Code will now be generated by B3 itself, which is developing this new functionality.
  • BRZ CVM will continue to generate the code for 30 days after the launch of new tool.
  • The key document for obtaining the fictitious document from B3 will be the CPF.
  • CPF will become mandatory for the registration of non-resident individuals in Jan. 2025
  • Based on the CPF, the system will check if information already exists in the Integrated Registration System (SINCAD) and will start generating the fictitious document.
  • If the investor does not have a CPF, it will be requested through integration of B3/CVM.
  • Workshop is scheduled for Jan. 2025 to present the project and issue clarifications.
  • Effectiveness
  • The standard in Joint Resolution 13 will come into effect on Jan. 1, 2025.

Regulators BRZ CB; BRZ CVM
Entity Types B/D; Bank; Exch; IA; Inv Co
Reference PR, Nt, Res 13, Cir 8/2024/CVM/SIN, 12/3/2024
Functions AML; Compliance; Financial; Operations; Record Retention; Registration/Licensing; Trade Reporting; Trading
Countries Brazil
Category
State
Products Banking; Clearing; Custody; Fund Mgt; Securities
Regions Am
Rule Type Final
Rule Date 12/3/2024
Effective Date 1/1/2025
Rule Id 235774
Linked to N/A
Reg. Last Update 12/3/2024
Report Section International

Last substantive update on 12/06/2024