Provisional Measure No. 2,031-36, Of 24 October 2000

Original Language Title: Medida Provisória nº 2.031-36, de 24 de Outubro de 2000

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measure no. 2,031 provisoria-36, of 24 October 2000.
Provides for the regulation, supervision and oversight of the markets of securities or collective investment agreements, and other matters.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 62 of the Constitution, adopts the following provisional measure, with force of law: Art. 1st Constitute securities, subject to the regime of law No. 6385, of 7 December 1976, when offered publicly, the securities or collective investment contracts, managing right of participation, partnership or remuneration, including resulting from the provision of services, whose earnings stem from the efforts of the entrepreneur or third parties.
paragraph 1 shall apply to the securities referred to in this article the proviso set out in art. 2, sole paragraph, of law No. 6385, 1976.
(2) the issuers of the securities referred to in this article, as well as its managers and controllers, are subject to the discipline provided for in law No. 6385, 1976, for the listed companies.
§ 3 the Securities and Exchange Commission to issue rules for the implementation of the provisions of this article, may: (I)-require that broadcasters set up in the form of joint-stock company;
II-require the financial statements of issuers, or that information about the project or project, are audited by independent auditor registered in it;
III-exempt, public distribution of securities referred to in this article, the participation of a member society of the system laid down in art. 15 of law No. 6385, 1976;
IV-establish specific conditions for the financial year, within this market, the activities provided for in art. 16 of law No. 6385, of 1976, including the requirements of good repute, financial standing and technical qualification that should satisfy the corporate administrators and other persons who act in this market;
V-set standards of clauses and conditions which are to be adopted in securities or investment contracts for trading on a stock exchange or counter and refuse admission to the market of issue that does not meet these standards.
Art. 2 points? b? and? g? the item I and item II of art. 9 of law No. 6385, 1976, shall take effect as follows:? Art. 9º......................................................................................................................................
I-....................................................................................................................................................................................................................................................................................................... b) listed companies and other securities and stations, when there is suspicion of illegal acts, founded their respective companies, subsidiaries, affiliates and controllers companies under common control;
...........................................................................................................................................................) of others any natural or legal, in the event of any irregularity to be ascertained pursuant to section V of this article provided that, directly or indirectly, have any involvement in these irregularities;
II-summon the persons referred to in the previous subparagraph to provide information, or clarification, under pain of a fine, without prejudice to the application of the penalties provided for in art. 11;
.......................................................................................................................................? (NR)
Art. third Is included the item VI art. 15 of law No. 6385, of 1976, as follows:? Art. 15.....................................................................................................................................
...........................................................................................................................................................
I saw the bodies of clearing and settlement of securities transactions? (NR)
Art. 4 Are convalidados the acts performed on the basis of provisional measure no. 2,031-35, of 22 September 2000.
Art. 5 This provisional measure shall enter into force on the date of its publication.
Brasília, 24 October 2000; 179 of independence and 112 of the Republic.
Fernando henrique cardoso Amaury Guilherme Bier