A Câmara dos Deputados aprovou ontem a Medida Provisória 958/20, que dispensa os bancos públicos de exigir dos clientes físicos ou jurídicos uma série de documentos fiscais na hora de contratar ou renegociar empréstimos.
De acordo com o texto, fica alterada de 30 de setembro para 31 de dezembro de 2020 a data limite dessa dispensa ou até quando durar o estado de calamidade público do Brasil. Micro e pequenas empresas poderão contratar empréstimos com prazo estendido de mais 180 dias além deste.
Fica suspensa a exigência por parte dos bancos dos seguintes documentos:
Certidões negativas de tributos federais e de inscrição em dívida ativa da União;
Certidão de quitação eleitoral;
Comprovação do recolhimento do Imposto sobre a Propriedade Territorial Rural (ITR);
Certificado de Regularidade do Fundo de Garantia do Tempo de Serviço (FGTS) .
Com a MP, também não será feita consulta prévia ao Cadastro Informativo de Créditos não Quitados do Setor Público Federal (Cadin). Nenhuma dispensa se aplica aos empréstimos que têm como fonte de recursos o FGTS.
As regras previstas na norma estendem-se às operações feitas diretamente pelos bancos públicos, ou por meio de subsidiárias e agentes financeiros (instituições públicas e privadas que operam linhas de bancos públicos).
Todas as contratações e renegociações feitas com recursos públicos terão de ser informadas trimestralmente à Receita Federal e à Procuradoria-Geral da Fazenda Nacional (PGFN) em relatórios contendo, no mínimo, os beneficiários, os valores envolvidos e os prazos.
Agora, o texto será encaminhado para análise do Senado.
Restrições de uso do empréstimo
A medida aprovada na Câmara proíbe o uso do crédito obtido ou renegociado com a dispensa da documentação para distribuir lucros e dividendos entre os sócios ou acionistas.
Ele também proíbe os bancos de cobrar mais que meio salário mínimo (R$ 522,50) ou 0,1% do valor da operação, o que for menor, a título de tarifas de estudo para novas operações de crédito rural. Na repactuação, a tarifa não poderá ser cobrada e a dispensa de documentos para esse tipo de crédito valerá até 30 de junho de 2021.
Crédito rural
Enquanto a MP original dispensava, até 30 de setembro de 2020, a necessidade de seguro para os bens dados em garantia em Cédula de Crédito Rural (uma modalidade de financiamento rural), o texto aprovado exclui em definitivo essa exigência da legislação.
Outra suspensão prevista era do registro da cédula em cartório de registro de imóveis se houver a vinculação de novos bens a ela. Isso também passa a não ser obrigatório.
Em relação aos custos cartoriais para registrar garantias vinculadas a cédulas de financiamento rural, Rubens Bueno proíbe os cartórios de cobrar acima de R$ 250,00 para fazer esse registro.
Venda casada
O relatório de Rubens Bueno proíbe os bancos de venderem seguro ou título de capitalização não relacionados diretamente à atividade rural a clientes que tenham contratado empréstimos agropecuários (venda casada).
A proibição é válida por 30 dias depois da contratação do crédito, seja de investimento ou custeio, e o desrespeito à regra sujeita o banco a infração de prática abusiva prevista no Código de Defesa do Consumidor.
Os deputados ainda aprovaram uma emenda para permitir aos bancos aceitar o leite e o rebanho de vacas como garantia de empréstimos destinados a investimento ou custeio tomados por produtores de leite.
A medida revoga ainda dispositivo do Código Civil que obriga a contratação prévia de seguro para os veículos adquiridos por meio de penhor.
102 comentários sobre “Câmara aprova MP 958 que facilita empréstimos em bancos públicos”
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