The Brazilian Central Bank, through Circular No. 3,602 dated June 25, 2012, has established the Annual Survey on Foreign Capital. The 2015 Survey must be completed, within the deadline indicated below, by companies, including investment funds, headquartered in Brazil that, on December 31, 2014:

  • had direct investment by non-residents in their capital stock in any amount and a net worth equal to or higher than US$ 100 million (or BRL 266 million, considering the exchange rate on December 31, 2014); or
  • were debtors of short-term commercial credits (payable within 360 days) equal to or higher than US$ 10 million (or BRL 26.6 million, considering the exchange rate on December 31, 2014).

Investment funds managers must disclose funds' total worth and the respective share held by non-residents, detailing holdings by non-residents that individually hold a share equal to or higher than 10% of the fund assets, respecting the minimum amount of US$ 100 million (BRL 266 million, considering the exchange rate on December 31, 2014) invested in the country as of December 31, 2014.

Deadline and form of submission

The Annual Survey response must be submitted electronically to the Brazilian Central Bank website (www.bcb.gov.br) until

Penalties

The non-presentation or late presentation of the completed Annual Survey to the Brazilian Central Bank, or the presentation of incomplete or false information may subject the company to a penalty of up to R$ 250,000, as provided in Resolution No. 4,104 of the National Monetary Council.

All information received by the Central Bank of Brazil will be kept confidential.

Legal Grounds

Law No. 4,131, dated September 03, 1962

Provisional Measure No. 2,224, dated September 04, 2001

Resolution CMN No. 4,104, dated June 28, 2012

Circular No. 3,602, dated June 25, 2012

Circular Letter No. 3,603, dated June 27, 2013

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.