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Supervision Manual

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Supervision Manual
Introduction
Objectives of the Supervision Manual
Principles applied to the Supervision Manual
Structure of the Supervision Manual
Supervision Environment
National Financial System (SFN)
Structure
Supervised Universe
Supervision Entities
Legal and Prudential Aspects
Legal and Regulatory Responsibilities
International Context
Banco Central do Brasil
Supervision Area Structure
Overview of Supervision
Concepts of Supervision
Supervision Model
Objectives
Principles
Supervisory Cycle
Supervision Process of the National Financial System
Planning and Managing of Supervision
Elaboration of the Supervision Action Plan
National Financial System Monitoring
Supervisory Activities and Results
Inspection
Follow-up
Communications from Supervision
Prudential Preventive and Sanctioning Instruments
Introduction
Sanctioning Administrative Process
Settlement Agreement
Precautionary Measures
Coercive Measures
Term of Attendance
Application of Prudential Preventive Measures
Bound Deposit
Administrative Agreement within the Supervisory Process
Information Governance Process
Information Management
Data Curation Activities
Observance Audit
Supervision Practices Guide
Introduction
Monitored Issues
Banking Prudential Supervision
Risks and Controls Assessment System
Risk and Control Analysis
Businness Model Analysis
Non-Banking Prudential Supervision
Glossário
 Accounting Information an... It includes the utilization of a set of relevant indicators ...
 Accounting Plan of Nation... Published by the Financial System Regulation Department (Den ...
 Adjustments Adjustments are defined as any facts, accounting related or ...
 Annual Supervision Progra... Program elaborated yearly by the Supervision, which puts tog ...
 Attorney-General of the C... Bacen´s Department which, besides rendering juristic advice ...
 Bank for International Se... BIS is an international organization which stimulates the co ...
 Catalog of Documents (Cad... Cadoc´s objective is to list the documents/information which ...
 Central Bank´s Informatio... The Central Bank´s Information System (Sisbacen) is a comput ...
 Citation Initial summons in the administrative punitive process for w ...
 Council for Financial Act... The Council for Financial Activities Control (Coaf), created ...
 Credit Risk It is a risk that the counterpart, in a transaction, does no ...
 Disclosure of Parameters The disclosure of parameters for verification of the Require ...
 Economic-financial Conglo... Defined by regulation as the set of direct or indirect stock ...
 Exchange Risk It is that represented by the impact of the fluctuations of ...
 Exposure to Foreign Excha... Information related to financial and non-financial positions ...
 Exposure to Prefixed Inte... Information related to the value at risk (VaR) and the capit ...
 Federal Revenue Secretari... The Federal Revenue Secretariat (SRF) is the higher manageme ...
 Financial Conglomerate Formed by the group of linked financial entities, direct or ...
 Financial System Departme... This Department of Bacen´s has the function of proposing and ...
 Fiscal Losses It is the negative value found in the verification of the In ...
 Free Credit Operations Operations granted by the financial institutions, they const ...
 Indicted An individual submitted to police or administrative enquiry, ...
 Information Complementary... Managerial data used to verify some characteristics of the f ...
 Information on Certificat... Based on data about certificates/receipts of banking deposit ...
 Information on Monetary C... Information used for monetary control, in economic analyses ...
 Information on rates and ... Information related to free credit operations granted by the ...
 Informative Record of Unp... Cadin is a record which contains the names and CPF and CNPJ ...
 Legal Risk It is that a transaction may not be concluded due to a legal ...
 Liquidity Risk It is the risk that the institution becomes incapable of hon ...
 List of Technicians and C... The Registry of Entities Involved in Rural Credit Irregulari ...
 Market Risk It is the risk of devaluation of the financial instruments o ...
 Monitoring It consists of the systematic monitoring of available inform ...
 National Financial System... It is incumbent upon the National Financial System´s Council ...
 National Superintendence ... The Previc was created to act as a supervisory entity for cl ...
 Non-probabilistic, judgme... The selection of the sample is established without adoption ...
 Operational limits These are parameters established normatively to the financia ...
 Operational Risk It is the risk that an institution may incur in losses resul ...
 Private Insurance Superin... Susep is the body responsible for the control and surveillan ...
 Reference Capital (PR) The reference capital (PR) is defined by Bacen for purposes ...
 Reputation and Image Risk It is the risk of a negative impact of public opinion over t ...
 Required Net Worth (PLE) It is the value of assets required from financial institutio ...
 Securities and Exchange C... The Securities and Exchange Commission (CVM), created by Law ...
 Societal Participations –... Information submitted by the financial institutions and othe ...
 Spread It is the difference between the rates applicable to inflows ...
 Stocks and operations occ... These include data from the centralizers of settlement and c ...
 Strategy Risk It is the risk of undergoing losses of revenues or deteriora ...
 Swap Swap is the operation by which the parties trade the financi ...
 Systemic Risk Systemic risk is defined as the risk of disruption to financ ...
 TR Sample Daily information on certificate of banking deposits and rec ...
 Wage Variation Compensati... Fund created by a norm of the extinct Housing Financing Bank ...
Título 2 - Supervision Environment
Capítulo 20 - Legal and Prudential Aspects
Seção 10 - Legal and Regulatory Competencies
1.     The action by the Central Bank of Brazil (Bacen) with supervised institutions is a consequence of the strict compliance with the laws which vest it with such competencies. The principal one, of conducting the National Financial System (SFN), is given by law 4,595, of December 31, 1964, which created the National Monetary Council (CMN) and Bacen, attributing to the latter the competency of oversee:
     a) commercial banks;
     b) multipurpose banks;
     c) development banks;
     d) investment banks;
     e) the Federal Savings Bank (CEF);
     f) credit, financing and investment companies.
2.     Law 4,595/1964 also charges Bacen with the competency to act in the sense of ensuring the regular functioning of the exchange market.
3.     Other institutions or operations supervised by Bacen as consequence of legal assignments are:
     a) Real Estate companies: Law 4,380, of August 21, 1964;
     b) bonds and securities brokerage and distributing companies: Law 4,728, of July 14, 1965. Bacen monitors the operations with fixed-income bonds and the Securities and Exchange Commission (CVM), the transactions with bonds and securities;
     c) savings and loans associations: Decree-Law 70, of December 21, 1966, and Complementary Law 130, of April 17, 2009;
     d) credit unions: Law 5,764, of December 16, 1971;
     e) mercantile leasing companies; Law 6,099, of December 12, 1974;
     f) consortium administrators: Until February 6, 2009, were in force the indents I and V of the art. 7 of the Law 5,768, of December 20, 1971, the art. 33 of the Law 8,177, of March 1, 1991, the art. 10 of the Law 7,691, December 15, 1988, the indents I and V of the art. 31 of the Decree 70,951, August 9, 1972 and the Decree 97,384, December 22, 1988. The Law 11,795, October 8, 2008, revoked these items and is now in force;
     g) financial institutions´ representative offices headquartered abroad: Law 9,613, of March 3, 1998, which deals with the prevention and combat against money laundering;
     h) microentrepreneur credit enterprises: Law 10,194, of February 14, 2001;
     i) incentive agencies: Provisional Measure 2,192-70, of August 24, 2001;
     j) accounting audit companies and independent account auditors: Law 6,385, of December 7, 1976, article 26, paragraph 3, with texts given by Law 9,447, of March 14, 1997, in the performance of audit activities by financial institutions and other institutions authorized to operate by the Bacen.
     k) tourist agencies and means of accommodation authorized by Bacen to operate in the exchange market: Law 4,595, of December 31, 1964;
     l) Brazilian companies administering credit cards of international use: Law 4,595, of December 31, 1964; and
     m) Brazilian Post and Telegraph Company (ECT) (in international funds transfers linked to international postal parcels): Law 4,595, of December 31, 1964;
4.     Bacen also verifies the following operations:
     a) National Rural Credit System (SNCR): Law 4,829, of November 5, 1965, and Decree 58,30, of May 10, 1966;
     b) Housing Financing System (SFH): Decree 2,291, of November 21, 1986, and Law 10,150, of December 21, 2000; and
     c) investment of resources from the Program of Subsidies to Housing of Social Interest (PSH): Decree 5,247, of October 19, 2004.
5.     Although supervision of investment funds, according to Law 10,313, of October 31, 2001, is the sole competency of CVM, it is Bacen´s responsibility to verify:
     a) risk management and control by the administrator of resources; and
     b) segregation between fund management and the management of the administering institution.
6.     Bacen only carries out supervision of companies and entities identified in laws which expressly attribute to it such competency, and, therefore, Bacen does not hold the power to monitor any other companies, such as those of commercial incentive (factoring) and nationally valid credit card administrators, when these develop their regular activities.
7.     In the exercise of the legal competence approved by Law 4,595/1964, article 44, paragraph 8, Bacen will demand from any individual persons or corporate entities performing as financial institution, without being duly authorized, the presentation of documents, papers and book keeping. These tasks are ascribed to justified representations, which contain assured elements of evidence and which present proof of such activities.
8.     Consortium administrators´ operations, without previous authorization, typical of this segment, will be subject to surveillance by Bacen, in the use of its legal competence approved by Law 11,795, October 8, 2008. These tasks are ascribed to justified representations, which contain assured elements of evidence and which present proof of such activities.
9.     Still in accordance with Law 4,595/1964, it is Bacen´s responsibility to comply and make comply with the determinations originating from the CMN, which is SFN´s highest deliberative entity.
10.     The normative documents approved by the CMN, denominated resolutions, are made public by Bacen.
11.     Bacen, upon implementing the CMN-approved resolutions, publishes the following normative documents:
     a) circulars: issued by the Board; and
     b) circular-letters and communiqués: issued by the departments, dealing with operational aspects of the resolutions and circulars.
Documento disponibilizado em 16/09/2009

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