(PT) Changes in the credit market with the new rules of the Positive Registry - RMS Advogados
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Changes in the credit market with the new rules of the Positive Registry


Positive registration is a database that stores information on the performance and progress of payment obligations and signed credit operations

Today’s column, written in collaboration with Professor Leandro Carvalho, addresses the issue of positive registration, which was legally instituted in Brazil in 2010, by Provisional Measure No. 518, later converted into Law No. 12,414 / 2011, regulating, among other aspects, formation and consultation of a database with payment information, of individuals or legal entities, with the objective of organizing credit history, in a context integrated with other legal rules, such as the Consumer Protection Code and the General Law for the Protection of Dice.

Positive registration is a database that stores information on payment and progress of payment obligations and credit operations entered into by individuals and companies (registered), to form a history that supports the granting of credit and other transactions that imply financial risk, from a note or score elaborated based on the stored data.

These financial and payment data refer to the grant date, principal amount, periodic amounts (installments / obligations) with maturity and payment dates, amounts paid, in full or in part, and the respective dates in relation to the credit granted or obligation of assumed payment, which constitute the credit history (analytical report), which can only be made available by the managers of the databases to individuals or companies that access this information (consultants) through prior and specific authorization of the registered , granted for each access by the querent, or for a fixed term.

The regulation on the matter gained special reinforcement with Complementary Law No. 166/2019, which significantly changed Law No. 12,414 / 2011, revoking several of its articles. The change is substantial, especially due to the change between the opt-in and opt-out models, considering that the enrollment of those registered in the positive register has become automatic, except for the possibility of deleting the register due to the interest of the registered member.

In this context, the regulatory advance concerns the legal permission for credit bureaus, authorized by the Central Bank, to receive data on payment punctuality, spending behavior, among others, from financial institutions, concessionaires, telecommunications and retail companies, together with with the automatic adhesion of the registrants, elements that in the long term enhance the scenario of interest reduction based on a complete analysis of the financial behavior of the registrants.

The advantages and benefits of these regulatory changes, however, must be monitored based on their effects over time, observing the adjustments that the market will make and the effects on the relationship with the interested parties, being the current moment of adaptation to this new regulatory reality.

Leandro Carvalho – Lawyer and University Professor, specialist in Civil Law and Civil Procedure by ESA / PB, Master in Law and Development by Unipê. State Counselor of OAB-PB (2019-2021), Director of Postgraduate Studies at ESA / PB and Coordinator of the topic of Consumer Law at ESA Nacional.

By: Wilson Sales Belchior

Source: ClickJus



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