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CVM Board confirms decision on Niobium Coin
The CVM board confirmed on January 30, 2018, a decision rendered by its technical department (Superintendência de Registro de Valores Mobiliários - SRE) in the sense that the cryptocurrency Niobium Coin should not be characterized as a security. This confirms the understanding that the initial offering of the Niobium Coin (Initial Coin Offering - ICO) is not within the CVM’s scope of jurisdiction and, therefore, does not require registration of the issuer and offering with the local authority.
Central Bank proposes rule for credit fintechs
On August 30, the Central Bank of Brazil (Bacen) published Public Consultation Notice No. 55/2017 to receive comments on a proposed resolution on the establishment and operation of two new types of financial institutions specialized in loan transactions through the medium of an electronic platform: direct lending companies (SCD) and interpersonal lending companies (SEP). The new regulation is expected to be issued by early 2018.
An analysis of Bacen’s and the CVM’s "new" administrative disciplinary process
Provisional Measure No. 784, published on June 8 ("MP 784"), brought in profound changes to the administrative disciplinary process in the Brazilian financial system and capital markets, within the sphere of action of the Central Bank of Brazil ("Bacen") and the Brazilian Securities and Exchange Commission ("CVM").
Regulating bitcoins
The House of Representatives will discuss in a public hearing the Draft Law No. 2,303/2015, which proposes the inclusion of virtual currencies, such as bitcoin, and air mileage programs in the definition of payment arrangements under the supervision of the Central Bank of Brazil (Bacen). To this end, the draft bill provides for amendments to Law No. 12,865/13 and Law No. 9,613/98.