Learn about the new rules for online blocking of financial assets

March 28, 2018

New rules imposed by the Central Bank for online blocking of financial assets – BacenJud system. Due to the eventual judicial process, he edited the communiqués 31,293 of 16.10.2017 and 31,506 of 21.12.2017, with changes that aim to increase the chances of blocking of values on behalf of the debtors, through the attachment system on line BacenJud 2.0. The changes imposed by the Central Bank are thus summarized, with the explanations of this lawyer: a) The credit cooperatives, brokerages and distributors of securities and financial securities, will be, since the end of the year 2017, subject to the Locks. Thus, if the debtor has money, in current accounts, applications, savings (with legal limits), in credit cooperatives, brokerages and institutions with financial objectives, may suffer the said blockade. Before, only private and public banks now reach all financials; b) from 31.3.2018, and after 30.05.2018, applications in CDBs, LC, LCI, LCA – will be subject to block values (CBD – Bank deposit certificate; RDB – Bank deposit receipt; LC – Exchange Letter; LCI – Real estate credit letter; LCA – Agribusiness credit letter); c) The financial institutions, officiated by the judgment for blockades, immediately adopt the procedures for such purposes. If the required amount is not possible, on the same day of the procedure, the financial institutions will have to carry out surveys until the final time for TED – electronic transfer of values. Thus, the bank, which the debtor has an account, will continually research until it finds the desired values, with the observance of the time for TED; d) of the notification of the accounts or blocked account, the account holder, the debtor, will no longer be able to move it, with debts, replacement of balances, insertion of credit limits, as a special cheque, rotary credit, in the period subject to the blockade. In this case, it is the debtor with a bank-handling restriction; e) number with only 8 digits. The on line attachment will take place with only one court order, and if the parent is indebted, with branches, "Everything happens" in order to block the money or assets; f) Several court orders of blockade. Before, if there was a court order issued by a judge, another judge could not act or do so, because of another process. Now, several judges, several orders, may occur simultaneously; g) Account-salary. It will be up to the judge to observe the difference, if reportedly, is the case of account for receipt of socialable proceeds, salaries, alimony, wages. Before it was the debtor who was to prove the situation immediately;   This is a briefest comment. I believe that over 2018, we will have other "severe" changes. Oton Nasser-Lawyer oton@otonnaser.adv.br


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