The Chamber of Deputies approved on Tuesday (12) a bill that establishes new rules for the cryptoactive sector in Brazil, with a focus on preventing money laundering. Among the main requirements is the obligation for digital asset brokers to have headquarters in Brazil to operate. The proposal now goes to the Senate.
The project, a substitute version of deputy rapporteur Aureo Ribeiro (Solidariedade-RJ) for Bill 4932/23, includes several compliance measures for the cryptoactive sector. Brokers must be incorporated in the national territory and adopt practices such as identifying customers and maintaining updated records. They must also implement internal policies appropriate to the size and volume of operations, in addition to registering with the Financial Activities Control Council (Coaf).
The text also requires companies to record transactions in national and foreign currency, metals, virtual assets and other assets above R$10,000, in addition to reporting to Coaf operations suspected of involvement in money laundering or illicit activities.
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The project also requires that any transfer of reais or foreign currency between the user and the virtual asset broker must be carried out through a bank account in the user’s name, maintained at an institution authorized by the Central Bank.
The text also aims to end the debate on asset segregation, proposing that, for the protection of customers, resources in user accounts and virtual assets under custody should be accounted for as separate assets, ensuring that these funds are not used to cover company debts. broker in cases of bankruptcy or judicial liquidation.
Failure to comply with the new rules will subject brokers to administrative penalties, which may be applied by the Central Bank and the Securities and Exchange Commission (CVM). Furthermore, brokers will be fully liable with their own resources for any losses caused to clients in the event of non-compliance with legal or regulatory provisions.
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