The Brazilian Central Bank (“CENTRAL BANK”), through a Circular No. 3,795, dated of June 16th, 2016 (“Circular”), stated the procedures and deadlines regarding the mandatory declaration of Annual Census and Five-Year Period Census related to Foreign Capital in Brazil (“Census and Census annual or Census Five-year”).

According to the abovementioned Circular, from July 1st and up to 6PM of August 15th, 2016 (“term”), companies must transmit their Census, having as the reference date December 31st, 2015.

The information electronically declared in the Census will be compiled by the Brazilian Central Bank and published on a consolidated basis, for statistical purposes of the sectors/activities of the companies, maintaining the confidentiality of investors/creditors and investees/debtors. Still, please be advised that the Brazilian Central Bank may require from the declarants, within 5 years from the declaration date, documentation evidencing the information provided.

In case of non-remittance of the requested regulatory information required by the Central Bank or the provision of false, incomplete, inaccurate or out of the terms information, the responsible will be subject to the penalties imposed by the current legislation that regulates the registries for foreigners capital census in Brazil.

WHO SHOULD PROVIDE A STATEMENT REGARDING THE QUINQUENNIAL?

I. The legal entities based in the country, with direct participation of non-residents in its capital in any amount, in the reference date (12/31/2015);

II. Investment funds with non-resident shareholders through their administrators, in the reference date; ande

III. Legal entities headquartered in Brazil, with a total outstanding balance of short-term credit (payable in up to 360 days) granted by non-residents at or above the equivalent of USD 1,000,000.00 (one million dollars), at the reference date.

WHO SHOULD PROVIDE THE DECLARATION ON ANNUAL CENSUS?

I. The legal entities based in the Brazil, with direct participation of non-residents in its capital in any amount, and net worth not less than the equivalent of US $ 100,000,000.00 (one hundred million dollars), the mentioned reference date;

II. nvestment funds with non-resident shareholders and net assets equal to or greater than the equivalent of USD 100,000,000.00 (one hundred million dollars), through its administrators, in the reference date; and

III. Legal entities based in the country, with a total outstanding balance of short-term credit (payable in up to 360 days) granted by non-residents at or above the equivalent of USD 10,000,000.00 (ten million dollars), in the mentioned reference date.

DISMISSED TO PROVIDE THE DECLARATION FOR BOTH THE CENSUS:

I. Natural persons;

II. The direct administration of the Union, States, Federal District and Municipalities;

III. Corporate debtors of foreign credit transfers granted by institutions based in Brazil; and

IV. Non-profit entities maintained by of non-residents contribution.

The PLBrasil Group’s Foreign Capital teamis available to assist you with the records required by the Central Bank of Brazil in the channels below:

+55 (11) 3292-5085
bacen@plbrasil.com.br

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