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Brazilian Securities and Exchange Commission (CVM) Instruction 586

New CVM standard changes corporate compliance requirements

What is CVM 586?

In order to bring more robustness and transparency to information for Brazilian stock market investors, the Brazilian Securities and Exchange Commission (CVM) published – in June 2017 – Instruction 586, which amends Instruction 480 and introduces new rules for the registration of securities issuers authorized to trade on regulated markets.

The major new development brought by CVM 586 is the obligation for companies to disclose information about the application of the practices set forth in the Brazilian Code of Corporate Governance (CBGC). The new standard follows the "comply or explain" model, where companies are not required to follow CBGC guidelines, but should explain why they have not adopted certain practices.

The main changes brought by CVM 586 are:

The adoption of a new periodical document, the "Brazilian Corporate Governance Code Report", to be filed within 7 months from the end of each fiscal year. The requirement covers category “A” companies which have their shares or depository receipts authorized for trading on the stock exchange;

  • The updating of the Report is no longer mandatory when submitting a request for registration of a public offering;
  • A substantial increase in the volume of information regarding aspects of corporate governance and compliance to be included in issuers Reference Forms;
  • A reduction in the scope of information provided on a company's management structure in the Reference Form, which now requires only information regarding the board of directors and the permanent bodies and committees that report to management;
  • The Reference Form shall be updated within 7 business days when there is any change in the administrator, members of the supervisory board, or members of the audit, risk, financial, or compensation committees;
  • Mandatory completion of the quarterly information form (ITR) by the board of executive officers, accompanied by a representation from the officers responsible for preparing the financial statements.

     

How Deloitte support your company

RegTech advanced technology for compliance

In the era of Industry 4.0, due to technological innovations such as robotics and process automation (RPA), cloud computing, blockchain, machine learning, big data, and analytics, it has become indispensable that the regulatory compliance framework keeps pace with the dynamism the modern age demands. These tools provide faster, more accurate information, drive efficiency in regulatory controls, and enable a proactive view of emerging risks.

Always aware of changes in the business environment, Deloitte developed RegTech, a differentiated approach that combines the application of new technologies with our profound market know-how to address regulatory issues. Through RegTech we support our clients in the adherence, implementation and monitoring of new CVM 586 requirements.

Key Contact

Ronaldo Fragoso

Ronaldo Fragoso

Leader for business responses to the Covid-19

With solid professional experience, today he is the current leader of Regulatory Risk of Deloitte in Brazil. He is also in charge for the relationship with IBM in Brazil and for business responses to ... More