FIDCs: nova regra ajuda gestores, melhorando informação

Starting from November 1st, managers of FIDCs – Financial Instruments that Dedicate Capital – will be able to consult the Central Bank's Credit Information System (SCR), a database that records all credit operations and loan limits for both individuals and companies within the country. This move expands managers' access to information about companies' debt and credit risk.

Currently, FIDCs are required to forward information to the SCR, but managers did not have direct access to the system. The release came with Resolution 247 of the CVM (Brazilian Securities Commission), which follows a Technical Cooperation Agreement signed between the regulator and BC. "This was an old demand," said Felipe Tucunduva Heemstede of Pinheiro Neto Advogados.

"It's a simple measure that benefits the entire FIDCs industry by leveling the available information for managers and financial institutions." Managers, who previously had to rely on third-party information to analyze the creditworthiness of borrowers, will now have direct access to this data, according to Heemstede. He believes the trend is towards increased competitiveness.

"FIDCs have been establishing themselves as an alternative to credit in the traditional financial market," he added. Managers celebrated the measure. "Managers will be able to access data and identify, for example, if the company has credits with other banks, if there are late payments, debt outside the balance sheet," said one manager.

"It's a positive measure to try to put the funds on the same playing field as banks, although it's not transformative for the industry," said another manager. Resolution 247 also determined that securitizers, responsible for issuing receivable certificates in real estate and agriculture, as well as debentures, will start providing information to the SCR. Securitizers will have a 12-month period to adapt to the new obligations.