backNewsletter (#002/2025) of Fintechs, Banks, Financial Services and Virtual Assets by Campos Thomaz Advogados
Alerts, materials, and updates on Fintechs, Banking, Financial Services, and Virtual Assets.
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Hot Topics for 2025 – Follow the next newsletters
- Open Finance
- Virtual Assets
- Bank as a Service
- Tokenization
- Artificial intelligence
Alerts
Seizure of Properties Financed Through Fiduciary Alienation for Condominium Debts: Disagreement in the STJ and Impacts on the Real Estate Market
The Superior Court of Justice (STJ) discussed the possibility of seizing properties financed through fiduciary alienation to settle condominium debts. The hearing focused on the disagreement between the Court’s Fourth and Third Chambers on the matter. Minister Antonio Carlos Ferreira, the rapporteur of the case (REsp 1.877.518/SP), emphasized the importance of resolving the issue, which involves safeguarding fiduciary credit and ensuring the sustainability of condominiums. While the Third Chamber rejected the possibility of such seizures, the Fourth Chamber admitted it, considering the nature of condominium debts. Learn more
Open Public Consultations – Contact our team
Central bank
- 117/2025 | Draft Joint Resolution of CMN and the Central Bank on the Naming of Financial Institutions. Access here
Consultation end date: 05/31/2025
This public consultation submits a draft joint resolution of the National Monetary Council and the Central Bank of Brazil, which regulates the naming of institutions authorized to operate by the Central Bank of Brazil. - 112/2024 | Interbank exchange operations – Access here
Consultation end date: 14/03/2025Publishes a proposal for a BCB resolution aimed at amending BCB Resolution No. 277, of December 31, 2022, to improve the provisions on interbank exchange operations.
- 111/2024 | – Integration of cryptos with the exchange – Access here
Consultation end date: 28/02/2025Publishes public consultation on the proposal for a resolution of the Central Bank of Brazil (BCB) aimed at amending BCB Resolution No. 277, of December 31, 2022, BCB Resolution No. 278, of December 31, 2022, and BCB Resolution No. 279, of December 31, 2022, to regulate item V of article 7 of Law No. 14,478, of December 21, 2022, in order to include activities or operations of virtual asset service providers in the foreign exchange market and provide for the cases in which they must be subject to the regulation of Brazilian capital abroad and foreign capital in the country.
- 108/2024 | Bank as a Service – Access here
Consultation end date: 31/01/2025Publishes a public consultation on a proposal for a joint resolution of the National Monetary Council and the Central Bank of Brazil that provides for the provision of BaaS services by financial institutions, payment institutions, and other institutions authorized to operate by the Central Bank of Brazil.
Brazilian Securities and Exchange Commission (CVM)
- 04/2024 | Amendments to the rules on CVM’s sanctioning procedures. Access here
Consultation end date: 02/28/2025
This proposal amends CVM Resolution No. 45, which establishes the procedures for the Autarchy’s sanctioning actions.
- 03/2024 | Private Equity Investment Fund – Access here
Consultation end date: 28/03/2025Provides for the specific rules of private equity investment funds (FIP), with the purpose of amending Normative Annex IV of CVM Resolution No. 175.
Regulatory Update
BCB Normative Instructions
Unicad Registration
- Normative Instruction BCB No. 590, 02/05/2025 – Amends Normative Instruction BCB No. 330, dated November 24, 2022, which consolidates procedures for registering information in the Central Bank’s Entity Information System (Unicad), as established by Resolution BCB No. 209, dated March 22, 2022. This amendment includes procedures for registering contracted companies under Article 5 of Joint Resolution No. 6, dated May 23, 2023.
User Experience in Pix
- Normative Instruction BCB No. 589, 02/04/2025 – Publishes version 7.1 of the document “Minimum Requirements for User Experience”, which is part of the Pix Regulation.
Open Finance
- Normative Instruction BCB No. 588, 01/31/2025 – Publishes version 4.0 of the Manual of Services Provided by the Open Finance Governance Structure.
Operational Limits Statement
- Normative Instruction BCB No. 587, 01/31/2025 – Amends the instructions and layout for document code 2061 – Operational Limits Statement (DLO), as established by Normative Instruction BCB No. 81, dated February 23, 2021.
Payment Arrangements in the Brazilian Payment System
- Normative Instruction BCB No. 585, 01/29/2025 – Establishes procedures and document templates required for authorization requests related to payment arrangements within the Brazilian Payment System (SPB).
Accounting Details for PRS5, PRIP, RWAS5, and RWAIP
- Normative Instruction BCB No. 584, 01/28/2025 – Specifies the accounting entries for calculating the minimum requirements of Simplified Reference Equity (PRS5), Reference Equity for Payment Institutions (PRIP), and risk-weighted assets in simplified form (RWAS5) and for payment institutions (RWAIP).
Amendment to MCR – Document 4 (Judgment and Review Summary)
- Normative Instruction BCB No. 583, 01/27/2025 – Amends MCR – Document 4 (Judgment Summary and Request Review) of the Rural Credit Manual (MCR).
BCB Resolutions
BCB Software and Services Strategy
- Resolution BCB No. 454, 01/30/2025 – Establishes the Software and Cloud Computing Services Strategy for the Central Bank of Brazil.
Amendments to BCB’s Internal Audit Policy
- Resolution BCB No. 453, 01/30/2025 – Amends the Internal Audit Policy of the Central Bank of Brazil.
Financial Regulations
- Resolution BCB No. 452, 01/21/2025 – Amends Resolutions BCB Nos. 229 (May 12, 2022) and 437 (November 28, 2024), as well as Circular No. 3.748 (February 27, 2015).
Much more about Fintechs, Banking, Financial Services and Virtual Assets
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Produced by Alan Campos Thomaz and João Marcelo
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