Ministry of Economy/Federal Savings Bank/Retail Network Strategy Directorate
Circular No. 1.004, of December 1, 2022
Regulation of Lottery Permits. CAIXA ECONÔMICA FEDERAL, a financial institution in the form of a public company, endowed with legal personality under private law, created and constituted by Decree-Law No. 759, of August 12, 1969, and Decree No. 66.303, of March 6, 1970, currently governed by the bylaws approved by Decree No. 7.973, of March 28, 2013, registered with the CNPJ/MF under No. 00.360.305/0001-04, with headquarters at SBS, Quadra 4, Lotes 3 and 4, in Brasília/DF, in the exercise of its powers, issues this Circular.
1 CONCEPTS
1.1 CAIXA – Abbreviation for CAIXA ECONÔMICA FEDERAL;
1.2 FEDERAL LOTTERIES – Lottery products administered by CAIXA, sold through the Lottery Distribution Network and digital channels managed exclusively by CAIXA. They are divided into Prediction Lotteries and Ticket Lotteries.
1.3 GRANTOR OF LOTTERY SERVICES – is CAIXA ECONÔMICA FEDERAL, in accordance with Law No. 12.869, of October 15, 2013.
1.4 Lottery Permit – This is the granting, on a temporary basis, through bidding, of the provision of public services by CAIXA, as the granting authority, to a natural or legal person who demonstrates the capacity to perform them, at their own expense and risk, to market all federal lotteries and authorized products, as well as to act in the provision of services delegated by the granting authority, under the terms and conditions defined by current legislation and regulations.
1.5 PERMITTEE – Natural or legal person who signs a Lottery PERMIT Agreement with CAIXA.
1.6 TF – Financial Terminal – equipment exclusively for providing services as a CAIXA AQUI Correspondent.
1.7 TFL – Lottery Financial Terminal – equipment used for processing Federal Lotteries and transactions for CAIXA AQUI Correspondents.
1.8 TFT – Transactional Financial Terminal – equipment used to process transactions for CAIXA AQUI Correspondents.
1.9 Lottery Unit(s) – Legal entity responsible for the permit granted by CAIXA, in the categories Lottery House, Advanced Lottery House, Temporary Advanced Lottery House and Simplified Lottery Unit.
2. LIMIT OF PERMISSION
2.1 CAIXA establishes the guidelines for PERMITS, the distribution of tickets and equipment and/or terminals necessary for the execution of the activities granted to the Network of LOTTERY UNITS.
2.2 Lottery PERMITS are granted considering the following criteria: market potential, according to the criteria defined by CAIXA; availability of equipment and/or terminals for collecting bets on lotteries administered by CAIXA and for providing requested services; availability of tickets for the Federal Lottery modality, as well as the possibility of efficiency in the execution of the granted services.
2.3 In the bidding process for the selection of a Lottery Licensee, it will not be permitted for the same bidder, whether a natural or legal person, to be declared the winner in more than one item per tender.
2.3.1 A bidder who participates in more than one item of the bidding process, if they are ranked higher in 2 (two) or more items, must necessarily assume the item for which they offered the highest value, being disqualified for the other items.
2.4 Bidders who are legal entities must participate using the CNPJ (Brazilian tax ID) of their parent company; participation by branches is prohibited.
3 Types of Lottery
3.1 The lottery products referred to in this Circular can be classified into the following categories:
3.1.1 TICKET LOTTERY
3.1.1.1 Federal Lottery – a type of lottery in which there is a pre-fixed number of numbered tickets, with prizes awarded through a draw conducted by CAIXA and in accordance with a Lottery Plan.
3.1.2 FORECAST LOTTERY
3.1.2.1 Numerical Predictions Lottery – a type of lottery in which the bettor indicates their predictions, within a universe of whole numbers and a lucky month, in the specific case of the Dia de Sorte lottery, competing for prizes through a draw.
3.1.2.2 Sports Predictions Lottery – a type of lottery in which the bettor indicates their predictions about the results of sporting competitions.
3.1.2.3 Specific Predictions Lottery – Timemania – a lottery modality in which the bettor indicates their predictions, within a universe of whole numbers, and indicates a football club of their preference, competing for prizes through a draw.
3.2 CAIXA may launch, at any time, other lottery modalities not foreseen in this Circular.
4. PROVISION OF SERVICES
4.1 The PERMITTEE acts as a Correspondent in the country, in accordance with current regulations, providing delegated services and marketing affiliated products, and is prohibited from assuming similar and/or identical obligations with any other financial institution and from providing services not authorized by CAIXA.
4.2 CAIXA, at its discretion, may determine whether the PERMITTEE may market or refrain from marketing any products or services from the CAIXA portfolio.
4.3 ROLE AS A CORRESPONDENT IN THE COUNTRY
4.3.1 The LICENSEE, acting as a CAIXA Correspondent, operates with the products in the portfolio, following the guidelines, standards and specifications previously established.
4.3.2 For the provision of CAIXA AQUI Negocial Correspondent services, at CAIXA's discretion, the PERMISSIONARY may be periodically classified into groups, according to productivity in the transactions carried out, for management and remuneration purposes.
4.3.2.1 The parameters, eligibility criteria, and other applicable rules are determined and made available by CAIXA.
4.4 PRODUCTS AND SERVICES UNDER AGREEMENT OR DELEGATE
4.4.1 At CAIXA's discretion, the PERMITTEE may sell products and provide affiliated services, as well as provide delegated services.
4.4.2 Agreements for the provision of services and the availability of products may be entered into by CAIXA at the national and/or regional level.
4.4.3 Other products and services from CAIXA or its affiliated or controlled companies may be made available for sale by the PERMITTEES.
4.5 PIX (INSTANT PAYMENT)
4.5.1 The PERMITTEE's role in providing Pix (Instant Payment) services is detailed in Annex III.
5 Network of Lottery Units
5.1 For the granting of PERMITS, PERMIT HOLDERS are classified into categories, as follows:
5.1.1 The Lottery Unit Network brings together the categories expressed in the following table, which sell all types of lottery tickets:
|
Lottery Units |
|
Lottery House |
|
TEMPORARY ADVANCED LOTTERY OUTLET |
|
Simplified Lottery Unit |
5.1.2 The TICKET SALES NETWORK includes the categories shown in the table below and sells only lottery tickets:
|
TICKETS SALE |
|
TICKET FIXED |
|
TICKET VENDOR |
5.1.3 In addition to physical channels, CAIXA also sells lottery tickets through electronic channels.
6 WINNING BIDDER
6.1 Winning BIDDER - INDIVIDUAL
6.1.1 For the purposes of this Circular, except in the case of a STREET TICKET VENDOR and a FIXED TICKET VENDOR (Individual), the winning bidder, if an individual, must establish a business entity, a limited liability individual company – EIRELI, or a single-member limited liability company, by the date of signing the contract. The establishment of an Individual Entrepreneur or MEI – Individual Microentrepreneur is prohibited as it does not constitute a legal entity.
6.1.2 When forming a business corporation, a sole proprietorship with limited liability – EIRELI, or a single-member limited liability company, the winning bidder must necessarily be included in the articles of association as a majority shareholder or hold all of the share capital of the legal entity formed, respectively to the type of legal entity chosen.
6.1.3 The winning bidder must remain the majority shareholder for a period of not less than three years.
6.1.4 The term majority shareholder refers to the shareholder who holds the largest number of shares or percentage of the capital.
6.2 Winning BIDDER - LEGAL ENTITY
6.2.1 The winning bidder's CNPJ (Brazilian taxpayer ID) is the CNPJ with which all instruments related to the concessionaire's contract will be formalized, and any alteration that implies a change in the CNPJ of the LOTTERY UNIT during the term of the contract is prohibited.
6.2.2 If the winning bidder is a legal entity that already operates as a LOTTERY UNIT, it is permitted to sign the contract with the same CNPJ (Brazilian tax identification number) as the already established LOTTERY UNIT, provided that there is concurrence between the closure of the current LOTTERY UNIT and the opening of the new one.
6.3 The establishment of a branch for the purpose of carrying out lottery activities is prohibited, under penalty of contract termination and consequent revocation of the PERMIT.
7 CATEGORIES OF LOTTERY UNITS
7.1 Lottery House
7.1.1 A LOTTERY HOUSE is a legal entity, registered in the National Registry of Legal Entities – CNPJ/MF, constituted as a limited liability company (LTDA) or a sole proprietorship with limited liability – EIRELI or a single-member limited liability company, intended for lottery activities, and may or may not have another commercial activity.
7.1.2 The permit for the lottery agency is granted through a bidding process.
7.1.3 The lottery agency sells all types of lotteries, affiliated products, provides delegated services, and acts as a CAIXA correspondent, at CAIXA's discretion and in accordance with the regulations issued by the Central Bank of Brazil.
7.2 TEMPORARY ADVANCED LOTTERY OUTLET
7.2.1 The TEMPORARY ADVANCED LOTTERY OUTLET always operates as an extension of a LOTTERY OUTLET, selling all types of lotteries, affiliated products, and offering services delegated by CAIXA.
7.2.2 The authorization for the installation and operation of the TEMPORARY ADVANCED LOTTERY OUTLET aims to meet a seasonal demand or public interest and may only be granted to CAIXA LICENSEES.
7.2.3 The authorization for the installation and operation of the TEMPORARY ADVANCED LOTTERY OUTLET is granted on a very temporary basis, for a maximum period of 120 days, non-renewable, and in accordance with pre-defined criteria and performance evaluation established by CAIXA.
7.2.3.1 Upon expiration of the period, the authorization granted automatically ceases, and the equipment and/or terminal(s) must be returned immediately if provided by CAIXA, or returned to the PERMISSIONARY's establishment if temporarily removed.
7.3 Simplified Lottery Unit
7.3.1 The SIMPLIFIED LOTTERY UNIT is a type of LOTTERY UNIT, characterized by being installed in locations where the market potential is considered insufficient for opening a LOTTERY HOUSE, while still meeting the other requirements described in sub-item 7.1.
7.3.2 The existence of a SIMPLIFIED LOTTERY UNIT does not imply market exclusivity, and it is up to CAIXA to define the number of lottery establishments for each municipality, in any category of PERMIT.
7.3.3 The PERMIT for the SIMPLIFIED LOTTERY UNIT is granted through bidding.
7.4 CHANGE OF CATEGORY OF LOTTERY UNITS
7.4.1 The category of the Lottery Unit may be changed after the contract is signed, depending on changes in the market scenario, subject to prior evaluation by CAIXA.
7.5 COMBINATION OF LOTTERY UNITS WITH OTHER COMMERCIAL ACTIVITIES
7.5.1 The Lottery Licensee may only combine activities with another commercial activity when previously and expressly authorized by CAIXA, after analyzing the alignment with lottery products, affiliated products, and services offered.
8 TICKET SALES NETWORK
8.1 FIXED TICKET PRICE
8.1.1 TICKET FIXER is the individual or legal entity, duly registered in the Individual Taxpayer Registry – CPF or in the National Registry of Legal Entities – CNPJ/MF, that sells the Federal Lottery modality and the affiliated products authorized by CAIXA.
8.1.2 Permission for the fixed ticket system is granted through bidding.
8.1.3 CAIXA may determine that the TICKET FIXED STATION ceases to sell the affiliated products.
8.1.4 This category may operate in a commercial establishment exclusively for the sale of lottery tickets, in the federal modality, and affiliated products, or it may be combined with another commercial activity, when previously and expressly authorized by CAIXA, due to its suitability for lottery and affiliated products.
8.1.5 The TICKET FIXING AREA does not have equipment that allows for the collection of bets for prediction modalities.
8.2 TICKET VENDOR
8.2.1 TICKET VENDOR, a phasing-out category, is a natural person registered in the Individual Taxpayer Registry (CPF) who sells Federal Lottery tickets, as well as affiliated products, carrying out their activities in locations with free public access.
8.2.2 The PERMIT for the TICKET VENDOR is granted through a bidding process.
8.2.3 CAIXA may determine that the TICKET VENDOR cease selling the contracted products.
8.2.4 The TICKET VENDOR does not have equipment that allows for the collection of bets for prediction modalities.
8.2.5 CAIXA may define the use of a uniform for this category.
9. REMUNERATION FOR LOTTERY PRODUCTS AND SERVICES
9.1 For the commercialization of lottery modalities, the PERMITTEE will be entitled to a commission stipulated by CAIXA, which will be applied to the sale price of the bets, less the transfers provided for by law.
9.1.1 In the lottery modalities of numerical predictions, sports and specific predictions – Timemania, the commission is based on the sales amount, less the transfers provided for by law.
9.1.2 In the Federal Lottery modality, the commission is the amount resulting from the range between the price paid by the LICENSEE (plan price) and the maximum selling price to the bettor, both printed on the tickets.
9.1.3 In lottery modalities sold through the electronic lottery sales channel, and for which the LICENSEE has made sales at its establishment, an extra commission stipulated by CAIXA will be distributed, according to the sales made by the LICENSEE in each contest or draw held.
9.1.4 For the sale of affiliated products, provision of delegated services, and acting as a Correspondent, the PERMITTEE will receive remuneration previously fixed by CAIXA.
9.1.5 CAIXA may review, at any time, the percentages and amounts of commissions paid to the PERMISSIONARY, whenever subsequent situations justify it, making the necessary changes by means of written communication to the PERMISSIONARY.
10 SERVICE FEE
10.1 In the sale of fractional bets – CAIXA Group Bets, when the PERMITTEE acts as the organizer, it may charge a Service Fee, applied to the price of each share, ranging from a minimum percentage of zero to a maximum of 35%.
10.1.1 No Service Fee will be charged when the Pools are requested by customers.
11 TICKET QUOTA
11.1 Quota is the number of tickets in the Federal Lottery modality allocated to the PERMITTEE.
11.2 CAIXA establishes a minimum and/or maximum quota of Federal Lottery tickets, based on market potential and according to the category of the PERMITTEE.
11.2.1 No individual or legal entity under Private Law may hold shares or sell Federal Lottery tickets in quantities exceeding 2% (two percent) of the respective issue.
12 TAXATION
12.1 Regarding the commercialization of lottery modalities and affiliated products, the provision of delegated services and Correspondent services are subject to taxes that must be collected by the PERMITTEE, according to its constitutive form and in accordance with current legislation.
12.2 The Tax on Services of Any Nature – ISSQN, which is the responsibility of the municipalities, must be collected by the PERMITTEE, as provided for in the respective legislation.
12.2.1 CAIXA will be responsible for withholding and collecting the ISSQN (Tax on Services of Any Nature) in those municipalities where it acts as a tax substitute.
12.3 For the purposes of complying with the above provisions, the PERMITTEE must present the invoices on the stipulated dates, under penalty of being considered a breach of contract.
12.4 The collection of taxes arising from the Service Fee charged by the PERMITTEE, when selling fractional bets – CAIXA Group Bets, is the sole responsibility of the PERMITTEE, in the manner and within the time limits prescribed by law, with CAIXA being exempt from acting as a tax substitute in this specific case.
13. SELECTION OF PERMIT HOLDERS
13.1 The selection for granting the PERMIT for the LOTTERY OUTLET and for the SIMPLIFIED LOTTERY UNIT will be carried out through bidding, by means of the publication of the respective Notice in the means of communication required by applicable legislation, considering the locations of interest to CAIXA.
13.1.1 In defining locations of interest to CAIXA, the potential for the sale of federal lotteries and the demand for serving the local population are considered, through technical studies.
13.2 The selected candidate must pay CAIXA the amount of the bid offered or the minimum bid, as established in Annex I, within the deadline defined in the bidding notice.
13.2.1 The Pre-Contract can only be signed after payment confirmation, according to your PERMIT category.
13.3 The purpose of the Pre-Contract is to establish deadlines for fulfilling the conditional requirements for formalizing the Adhesion Contract.
13.4 The subsequent identification of any registration impediment or the failure to submit any of the documents within the deadlines established by CAIXA will result in the candidate's disqualification, without reimbursement of any expenses.
13.5 The location for the store installation must meet all the requirements stipulated in the Tender Notice and the Preliminary Contract, under penalty of disqualification of the candidate, especially regarding the location within the address limits defined by CAIXA.
13.6 The following are essential conditions for the contracting and commencement of activities of LOTTERY UNITS:
I. Proof of the company's legal incorporation, with presentation of the CNPJ (Brazilian tax ID) and a copy of the Articles of Incorporation or bylaws;
II. Proof of opening current accounts, duly active/regularized;
III. Proof of the guarantee required by CAIXA, as listed in item 15 of this Circular;
IV. Complete standardization of the establishment, as detailed in item 24.2 of this Circular;
V. Installation of security and microcomputer equipment, as provided for in item 19.2 of this Circular;
VI. Candidate participation in training for new PERMIT HOLDERS, as per the summons listed in item 18 of this Circular.
13.7 Once all conditions for the commencement of activities have been met, the granting of the PERMIT is formalized by signing the Membership Agreement, according to the category of the PERMIT.
13.7.1 During the term of the contract, the addendum to the contract for adherence to new conditions for operationalizing new products and/or services, when applicable, as well as the signing of acknowledgment forms, official letters, and notifications, may be done electronically, confirmed by means of a password entered by the PERMITTEE, in a system made available by CAIXA, access to which will be provided to them. Acceptance of the new conditions and/or terms, official letters, or notifications may be done in the same system, if the PERMITTEE is informed electronically. After entering the password or accepting, as the case may be, the PERMITTEE will be considered notified/informed, and the new provisions contained in the addendum will become effective between the Parties, regardless of any other additional formality, becoming part of the Contract for all legal purposes.
13.8 In any PERMIT category, the selection and participation of any individual and/or legal entity whose partner(s)/owner, director(s) or administrator(s) is/are prohibited:
I am an employee or manager of CAIXA;
II. Spouse or partner of an employee or Director of CAIXA working in any area of the company;
III. Possess a family relationship (relative in a direct or collateral line, by consanguinity or affinity, up to the third degree, under the terms of articles 1.591 to 1.595 of Law No. 10.406/2002 – Civil Code) with:
(a) Employee(s) holding a Gratified Function/Commissioned Position who work in an area of CAIXA with participation in any of the phases of the hiring process, management of the Lottery Network and/or administration of the Federal Lotteries, to a greater or lesser degree;
(b) Employee(s) holding a Gratified Position as General Network Manager, Executive Superintendent or Network Superintendent within the Partner's Network Superintendency;
(c) CAIXA Manager.
13.8.1 The restrictions must also be observed during the validity of the PERMIT.
13.9 For the granting of a PERMIT, in the TICKET VENDOR category, priority will be given to candidates who, due to being elderly, disabled or having a physical disability, are unable to provide for their own subsistence.
14. CHANGE OF LOCATION OF THE LOTTERY UNIT
14.1 CAIXA will define the criteria, deadlines and permitted situations for changing the location of the Lottery Unit Network.
14.1.1 Changing the location of the activity between municipalities is not permitted.
14.1.2 The change of location of the activity, at the request of the PERMITTEE, is only effective if it is within the same municipality and subject to a prior market potential study, carried out by CAIXA, and formal authorization from CAIXA.
14.1.3 The market potential study is an internal document intended to support the commercial strategies related to the operation of the Lottery PERMIT by the Grantor, and its disclosure in public notices or any other means of communication open to the public is prohibited.
14.1.4 The PERMITTEE must submit the documentation required by CAIXA and, if applicable, pay the fees specified in Annex I, before commencing operations at the new address.
14.1.4.1 In the event of a change of address as provided for in item 20.1.2.2 of this Circular, the PERMITTEE shall be responsible for paying the equipment reinstallation fee when the change of location occurs before 24 months have elapsed since the last date of change of location or the installation of the LOTTERY UNIT, whichever occurs first.
14.1.4.2 Exemption from the relocation fee may be authorized when dealing with a SIMPLIFIED LOTTERY UNIT or when the change occurs in the interest of CAIXA.
14.1.5 For the commencement of activities, the LOTTERY UNIT must be properly standardized, including compliance with accessibility requirements, with security and microcomputer equipment installed and fully operational.
14.1.6 All expenses arising from the change of location, including those related to electrical and infrastructure installations defined by CAIXA, are the responsibility of the PERMITTEE.
14.1.7 The PERMIT may not be exercised in a location or manner other than that established and authorized by CAIXA.
14.1.8 Lottery outlets are subject to the payment of fees in the amounts and deadlines set out in Annex I of this Circular.
15 GUARANTEES
15.1 For the sale of lottery products and operation as a CAIXA AQUI Correspondent, the LICENSEE must present insurance for valuables and insurance for equipment, under the terms defined in this Circular.
15.1.2 Holders of more than one PERMIT, or who own other units linked to their PERMITTEE, must present insurance for valuables and equipment for each establishment separately.
15.1.3 CAIXA may use the guarantee amount to cover any debts of the PERMISSIONARY, regardless of judicial or extrajudicial notification.
15.2 GUARANTEE OF VALUES
15.2.1 The PERMITTEE undertakes to maintain an insurance policy for valuables, taken out at its own expense, and/or maintain a deposit as collateral with CAIXA, according to the values established by CAIXA.
15.2.2 This guarantee aims to secure the value of the lottery ticket inventory and the amounts related to bet collections, agreement collections, and Correspondent services, in case of losses.
15.2.2.1 In the case of the TICKET SALES NETWORK, the FIXED TICKET and MOBILE TICKET VENDOR categories must secure their ticket quota in case of accidents, by providing a guarantee in the form of a deposit.
15.3 Equipment Insurance
15.3.1 The LICENSEE is responsible for the safekeeping and maintenance of the installed equipment, as well as for the costs arising from the contracting of insurance for the equipment located at its establishment.
15.3.1.1 Insurance for equipment located in LOTTERY UNITS may be contracted by CAIXA, at its sole discretion, with the respective cost being passed on to the PERMITTEE.
16 PHYSICAL FORMATTING
16.1 The Store type format is adopted when the property is intended exclusively for Lottery activity or, if there is shared activity, the lottery business constitutes the main activity of the establishment.
16.2 The kiosk format is adopted when the occupation is characterized as being in a public environment, intended exclusively for lottery activity.
16.3 The "Corner" type format is adopted when characterizing the occupation of space inside establishments or spaces shared with other commercial activities, in which the lottery business does not constitute the main activity.
16.4 The physical dimensions are based on Brazilian Technical Standards (NBR), Regulatory Standards of the Ministry of Labor, and criteria of ergonomics, eco-efficiency, environmental comfort, accessibility, and functionality of the services performed and assistance provided, characteristic of CAIXA's Service Points.
16.4.1 Standardization guidelines are made available through the Lottery Unit Standardization Manual, which must be published in the official notice.
16.4.1.1 In addition to the requirements set forth in the Manual, lottery operators must meet federal, state, and municipal requirements.
16.4.2 The bidding notice may require a minimum usable area larger than that established in the Standardization Manual for Lottery Units, anticipating growth in service at the Lottery Unit.
16.4.2.1 Minimum usable area is understood to be the physical dimension of a Store, Kiosk or Corner, which includes all the environments necessary for providing quality customer service within adequate, comfortable, safe, eco-efficient, ergonomic and accessible spaces.
16.5 All expenses necessary and arising from the implementation, maintenance and readjustment of the visual and environmental standardization of its commercial unit shall be borne by the PERMITTEE.
16.6 The PERMITTEE is solely responsible for all business risks, including those arising from the acquisition, installation and assembly of the LOTTERY UNIT, including its furniture.
17 PERFORMANCE EVALUATION
17.1 CAIXA may adopt a Performance Evaluation System in order to support the management process of the PERMITTEES.
17.2 The Performance Evaluation System establishes the minimum parameters for measuring performance and the deadlines for its fulfillment.
17.3 CAIXA will periodically inform the PERMITTEE of the evaluation system and parameters, as well as the minimum expected results.
17.4 The PERMITTEE that fails to achieve at least 70% of the target set annually by CAIXA must submit the necessary justifications by March of the following year, including an Action Plan aimed at improving performance, for analysis and approval by CAIXA.
17.5 CAIXA may revoke the PERMIT of the PERMITTEE that does not demonstrate sufficient performance to cover the operational costs of supplying and maintaining systems, equipment, telecommunications, supplies and other expenses incurred by CAIXA for the operation of the LOTTERY UNIT.
18 TRAINING
18.1 CAIXA provides assistance and consulting, conducts training, and offers guidance and all other instructions necessary for the commencement and maintenance of the PERMITTEE's activities, as well as those related to the implementation of operational innovations essential to the exercise of the Lottery activity and to the improvement of business management and performance.
18.2 The PERMITTEE must participate in the training and courses provided by CAIXA whenever summoned.
18.3 CAIXA provides the necessary training or course, with the PERMISSIONARY being responsible for transportation, food, and lodging expenses.
18.4 At CAIXA's discretion, the training may be provided anywhere within the national territory, on a date and during a period determined by CAIXA.
18.5 The PERMITTEE must, on its own initiative, continuously improve its level of training and professional development, including partners and employees, through courses or training, which may be indicated by CAIXA.
19 EQUIPMENT, SYSTEMS, SECURITY AND MICROCOMPUTERS OF THE LOTTERY UNIT NETWORK
19.1 EQUIPMENT AND SYSTEMS
19.1.1 The equipment and systems necessary for carrying out lottery marketing activities and providing services are supplied by CAIXA or by a company previously contracted by it and/or previously and expressly authorized by it.
19.1.2 The equipment is provided in the form of a loan or other arrangement with identical legal effect, and delivered to the PERMITTEE in perfect condition and working order, to serve the purpose of the Lottery PERMIT.
19.1.3 CAIXA establishes the criteria for the distribution of equipment.
19.1.4 CAIXA, or a company contracted by it, may replace any and/or all of the equipment and/or its components that present failures or malfunctions with similar ones, or with others of higher quality and/or newer technology, or simply update the operating system or image download, upon written notice to the PERMITTEE, which may not cause any hindrance or opposition to the execution of the services.
19.1.4.1 The purpose of replacing components is to provide corrective maintenance to ensure the perfect condition of presentation and operation, and does not necessarily involve replacing them with new components.
19.1.4.2 Written notice includes electronic messages from the Technology Support Units, as well as reports on TFL and/or Expresso Parceiros, or any tool that may replace it.
19.1.5 Upon expiration of the Contract or revocation of the PERMIT, CAIXA shall remove all equipment provided under the loan agreement, regardless of its condition, with no right of retention whatsoever, without prejudice to the PERMITTEE's responsibility for the state of use and conservation of the equipment, as provided for in this Circular.
19.1.6 The damaged material and/or equipment must be compensated to CAIXA by the PERMITTEE in an amount equivalent to the acquisition of identical goods in new condition.
19.1.6.1 If it is not possible to obtain a price for identical goods, because they are out of use or manufacture, or for any other reason, the value of the good will be calculated based on new goods of equivalent type and capacity.
19.2 SECURITY AND MICROCOMPUTERS
19.2.1 The network of lottery outlets must have, at a minimum, the following security and microcomputer equipment, whose characteristics and minimum configuration are established by CAIXA:
I Digital image capture and recording system – CCTV;
II. Intrusion alarm system;
III. Safe with a time-delay lock in a location not visible to the public, for lottery outlets that do not have a contracted cash-in-transit service;
IV. Use of safe deposit boxes with key custody, by a security company for the withdrawal of valuables, for lottery outlets that have a contracted cash-in-transit service;
V Electronic equipment with internet access in municipalities where the service is available.
19.2.2 The recording system with TV and video cameras must be operational continuously, in order to record images of any incident that may occur, including outside of business hours.
19.2.3 The minimum retention period for recorded images is 30 days, and they must be made available to CAIXA whenever requested.
19.2.3.1 CAIXA may request images to investigate any complaint of misconduct by the PERMITTEE, without prejudice to the right to a full defense and due process.
19.2.4 The costs arising from the acquisition, installation and maintenance of this equipment shall be borne by the PERMITTEE.
20 CONTRACT AMENDMENT
20.1 CAIXA establishes the criteria, form, deadlines, fees and procedures for contractual changes for the PERMITTEE.
20.1.1 Any modification to the Articles of Association that results in the following is considered a contractual amendment:
I. Replacement, inclusion or withdrawal of partners;
II. Change in the percentage of shareholding among partners;
III. Change in the legal nature or type of legal entity;
IV. Change of company name;
V. Change of trade name;
VI. Change of main activity;
VII. Change in share capital;
VIII. Change of address;
IX. Other changes provided for by law.
20.1.2 Any contractual amendment may only be effective after express authorization from CAIXA and upon payment of the fees established in Annex I.
20.1.2.1 The deadline for changing the address and corporate structure will comply with the following criteria:
IA change of address is not authorized within a period of less than 2 (two) years, counted from the start date of the PERMISSION contract or the last change made.
II. The replacement, inclusion, or withdrawal of partners is not authorized within a period of less than 3 (three) years, or 01 (one) year in the case of a corporate change between spouses or partners, or between parents and children, respecting the requirements necessary for CAIXA's approval, counted from the start date of the PERMISSION contract or the date of the last amendment to the articles of association authorized by CAIXA.
20.1.2.1.1 The deadlines for the changes mentioned in item 20.1.2.1 are not binding and will be counted separately, according to the nature of the change, i.e., address change or corporate change.
20.1.2.2 In exceptional circumstances, and provided that a change in the market scenario, imminent harm to the public interest, occurrence of unforeseen circumstances or force majeure is foreseen, CAIXA may, in a justified manner, analyzing the specific case, decide to make the aforementioned grace period more flexible, so as to issue approval before the expiration of 2 (two) years for address changes, counted from the start date of the contract or the last address change, and 3 (three) years for changes in corporate structure, counted from the start date of the contract or the last corporate change.
20.1.2.2.1 The change in the market scenario, an exception that will only be applied to cases of address change, will be proven through technical studies carried out by the grantor, which consider the demand for serving the local population, the potential for game sales and business transactions.
20.1.2.2.2 The following situations, among others of equal gravity, are considered to cause imminent harm to the public interest: municipalities lacking service channels, in need of services for the payment of social benefits, or other situations that compromise service to the population due to the absence of banking service channels in the locality, for example.
20.1.2.2.3 An event of fortuitous event or force majeure is considered to be any unforeseeable facts or events, difficult to predict, or relatively foreseeable but with incalculable consequences, beyond the control of the parties involved.
20.1.2.3 CAIXA's approval is conditional upon:
I. Meeting the requirements of technical capacity, financial soundness, and legal and fiscal regularity necessary to undertake the service;
II. Express assumption of compliance with the clauses of the contract in force.
20.1.2.4 The replacement, inclusion or removal of partners before the deadline established in item 20.1.2.1 by CAIXA or without prior authorization/consent from CAIXA will imply a penalty of revocation, except in the case of item 20.1.2.2 and/or if the decision is reviewed and/or annulled in administrative and/or judicial proceedings.
20.1.3 The terms in this Circular must be observed as a condition for the approval of the contractual changes requested by the applicant.
20.1.3.1 The changes made will require the contractual instrument to be properly adapted to the terms of the Circular in force at the time of the act and/or subsequent amendments.
20.1.4 In the event of a change of partners, without the express authorization of the acquiring partner, the selling partner may not compete for 5 years following the transfer of ownership, as provided for in article 1.147 of the Brazilian Civil Code.
20.1.5 Any changes to the company's Articles of Association involving the replacement, inclusion, or removal of partners, without the prior consent of CAIXA, will result in the revocation of the PERMISSION.
20.1.6 Any and all alterations that imply a change in the CNPJ (Brazilian corporate tax ID) of lottery outlets, or CPF (Brazilian individual tax ID) in the case of ticket vendors, are prohibited.
21. LINKAGE OF THE PERMITTEE WITH CAIXA
21.1 The PERMITTEE, its agents and employees have no employment, representation, mandate or similar relationship with CAIXA.
21.2 The PERMITTEE is solely responsible for the actions of its agents and employees before CAIXA and third parties.
22. REPRESENTATION OF THE LICENSEE BEFORE CAIXA
22.1 The PERMITTEE may grant a power of attorney, by means of a public instrument, to be represented before CAIXA.
22.2 The administration of the lottery establishment, the withdrawal of tickets, the movement of its current account and the issuing of checks will only be accepted through representation by means of a public power of attorney, and sub-delegation is prohibited.
22.3 The validity period of the public power of attorney instrument may not exceed 06 (six) months, nor be extended, except when the attorney-in-fact is the manager of the establishment, as evidenced by registration in the Work and Social Security Card – CTPS.
22.4 The PERMITTEE must notify CAIXA in writing of any cases of revocation of power of attorney before the stipulated deadline.
22.5 The same restrictions as in item 13.8 apply to the PERMITTEE's agents.
22.6 The signing of a contractual amendment, revocation, or amicable termination of the PERMISSION by means of a Power of Attorney is not permitted.
23 Obligations of Caixa
23.1 In addition to those provided for in the other items of this Circular, CAIXA's obligations and responsibilities are described below.
23.2 EQUIPMENT AND SYSTEMS
23.2.1 CAIXA provides betting slips, rolls of paper, forms, equipment and systems for collecting bets and carrying out other transactions.
23.2.2 It is the responsibility of CAIXA to establish the criteria for the distribution of lottery tickets, rolls, equipment and systems to the Network of Lottery Units.
23.2.3 CAIXA, or a company contracted by it, provides technical assistance and maintenance services for equipment and systems, at a preventive and corrective level, at no cost to the PERMITTEE, provided that such services do not result from damage caused by improper use, accidents and/or abnormal wear and tear, and/or building/electrical infrastructure that does not comply with the Standardization Manual for Lottery Units.
23.2.3.1 Any unavailability or maintenance, in emergency situations or after prior notice, of the systems used for collecting bets and carrying out other transactions, which may result in the temporary suspension of operations, are characterized as acts of God and not as a discontinuity of service, as per §3, art. 6, of Law No. 8.987/1995.
23.3 Management of the Cash Register in relation to the Licensee
23.3.1 CAIXA must assist the PERMITTEE in activities related to the subject matter of this Circular, establishing guidelines, transferring knowledge and experience on administrative and operational processes and procedures related to the Lottery PERMIT, the sale of products and acting as a Correspondent in the Country.
23.3.2 CAIXA must issue official letters, instructions, and manuals aimed at standardizing the operation and procedures of the Lottery Unit Network and improving the products and services offered.
23.3.3 CAIXA must make available to the PERMITTEE the tickets for quotas that have not been withdrawn and have already been paid for, and award the prizes from these tickets if they are drawn in a lottery.
23.3.4 CAIXA must keep the PERMITTEE informed regarding the launch of products and services.
23.3.5 CAIXA must define the visual standardization of the Lottery Unit Network, according to the Permit category.
23.3.6 CAIXA must provide the PERMITTEE with operational information and other documents that define the guidelines, and specify the procedures and basic rules related to the Lottery PERMIT and the services provided by the Network of LOTTERY UNITS.
24. OBLIGATIONS AND RESPONSIBILITIES OF THE PERMITTEE
24.1 The obligations and responsibilities of the PERMITTEE include, among others, those described below.
24.2 VISUAL AND ENVIRONMENTAL STANDARDIZATION
24.2.1 The PERMITTEE is standardized according to the determinations and deadlines required by CAIXA in relation to the visual and environmental project, as specified in the Environmental and Visual Manuals for LOTTERY UNITS.
24.2.2 CAIXA informs the PERMITTEE of the visual and environmental standards through the Environmental and Visual Manuals for LOTTERY UNITS, which are made available at the time of publication of the respective notice.
24.2.3 The PERMITTEE undertakes to maintain the property, the subject of the PERMIT, in accordance with the standards established by CAIXA, periodically carrying out maintenance of the visual and environmental standardization, and not altering or modifying its specifications without the prior and express authorization of CAIXA.
24.2.4 In addition to implementing and maintaining the visual and environmental model standardized by CAIXA, the PERMITTEE must comply with and adapt to legal requirements at the Federal, State and Municipal levels, especially regarding accessibility and service priorities.
24.2.4.1 All necessary expenses, as well as those arising from the implementation, maintenance and adaptation of the visual and environmental standardization of its property, shall be borne by the PERMITTEE.
24.2.5 The PERMITTEE undertakes to immediately de-characterize the property in the event of revocation or termination of the PERMIT, removing any and all identification with the CAIXA brand and with any of the lottery modalities within 10 (ten) working days, counted from the notification.
24.2.6 The LICENSEE may not make any alterations, renovations or modifications to the LOTTERY UNIT, including its internal and external visual identity, without the prior written authorization of CAIXA, except for minor works, repairs or replacements that are necessary and do not alter the required standard.
24.2.7 The LICENSEE must carry out renovations at the lottery establishment whenever requested by CAIXA, due to market needs for updating its visual identity, assuming all expenses arising therefrom.
24.2.8 The PERMITTEE must use and/or display, in the establishment, only promotional and/or communication material authorized by CAIXA, keeping them in good visual condition and, where applicable, within their validity period.
24.3 OPERATIONAL STANDARDS
24.3.1 The PERMITTEE undertakes to comply with the operational procedures, guidelines and routines in force, whether relating to the products sold or the services delegated, and to comply with all operational and administrative guidelines established and passed on by CAIXA.
24.3.2 The PERMITTEE is obligated to maintain an Accounting Account for the movement of funds corresponding to lottery revenue, acting as a Correspondent, and financial settlements, in accordance with the rules predefined by CAIXA, in addition to a Corporate Current Account in the name of the PERMITTEE, for free movement of funds, both at a CAIXA branch.
24.3.3 The PERMITTEE undertakes to deposit into an Accounting Account the account statement(s) relating to lottery products, marketing of affiliated products and acting as a Correspondent, in addition to observing the operational procedures, within the deadlines and locations established by CAIXA.
24.3.4 The PERMITTEE expressly authorizes CAIXA to debit the amount(s) related to the accountability in the Accounting Account and/or Corporate Current Account mentioned for the effective accountability arising from the exercise of the PERMIT.
24.3.5 On a specified date, CAIXA will debit the PERMISSIONARY's Accounting Account and/or Corporate Current Account, and failure to deposit or insufficient funds in the accounts for proper financial settlement constitutes the crime of misappropriation, and the PERMISSIONARY shall be liable for all legal implications arising from such crime.
24.3.6 CAIXA is entitled to immediately suspend the services of the PERMITTEE, regardless of prior notification, as a warning measure, in cases of non-compliance with obligations related to the rendering of accounts and/or when there are indications of irregularities in the operational procedures or in the accounting and financial transactions of the LOTTERY UNIT.
24.4 Marketing of Lottery Products
24.4.1 The PERMITTEE undertakes to market all types of lotteries administered by CAIXA and compatible with the physical channel, including new lottery products launched by it, whenever defined as within the competence of its PERMIT category.
24.4.1.1 The PERMITTEE undertakes not to sell, broker, distribute and publicize any other type of raffle or lottery, or any games of chance, even if legally permitted, except with prior written authorization from CAIXA.
24.4.1.2 The PERMITTEE is obligated to provide the bettor, at the time of the bet, solely and exclusively with the original receipt issued by the CAIXA betting terminal.
24.4.1.3 The LICENSEE must make payments of prizes from federal lotteries, up to the amount stipulated by CAIXA.
24.4.1.4 The LICENSEE must apply the prices set by CAIXA for the sale of lottery products and other affiliated products.
24.5 ADVERTISING AND USE OF THE BRAND
24.5.1 The LICENSEE must submit to CAIXA for prior authorization all advertising and/or promotional materials that it intends to disseminate using the CAIXA brand and/or lottery modalities.
24.5.2 The LICENSEE must notify CAIXA of any misuse by third parties of any of the lottery trademarks as soon as it becomes aware of it, so that appropriate judicial and extrajudicial measures can be taken.
24.5.3 The PERMITTEE must refrain from making any statements on behalf of CAIXA through the media, unless previously authorized in writing.
24.5.4 The LICENSEE is responsible for disseminating, and keeping visible on its premises, the advertising and legal information materials that CAIXA distributes regarding lottery products, raffles and other services offered.
24.5.5 The PERMITTEE is responsible for collecting the advertising materials on the expiration dates indicated on the respective materials.
24.5.6 The LICENSEE may not create mixed private labels for stores, products or similar items within the Lottery environment.
24.6 CONDUCT OF THE LOTTERY BUSINESS OWNER
24.6.1 The LICENSEE, in the person of the lottery operator, is obliged to observe the guiding principles of the Lottery Operator Code of Conduct available at the electronic address www.licitacoes.caixa.gov.br, which consolidates the CAIXA Supplier Code of Conduct, CAIXA Integrity Program, Responsible Gaming Program and CAIXA's Policy on Relationship with Clients and Users of Products and Services.
24.6.2 The PERMITTEE, in the form of the lottery business owner, must also observe the premises of the Partner Network's AML/CFT Guide, available on Conexão Parceiros, and the AML/CFT Policy (published on the CAIXA website), in compliance with Article 6 of BACEN Circular 3.978/20.
24.6.3 The conduct of lottery business owners must always be guided by high standards of ethics and integrity, capable of ensuring sustainable relationships that are compatible with legislation and the public interest.
24.7 Management of the Licensee
24.7.1 The PERMITTEE must allow periodic visits to its establishment by representatives of CAIXA or a company contracted by it, as well as by a representative of BACEN, whenever requested, providing them with the necessary means to carry out their inspection activities of the facilities, equipment, processes and procedures.
24.7.2 The PERMITTEE must appear on the date, time and place established by CAIXA, with the requested documents and/or information, whenever summoned.
24.7.3 The PERMITTEE must maintain strict confidentiality regarding the business that is the subject of the PERMIT, with respect to all methods, processes, procedures and production or marketing techniques developed by CAIXA and transmitted to the PERMITTEE, by any means or form, as a result of the Contract.
24.7.4 The PERMITTEE is prohibited from providing services of any nature without the express authorization of CAIXA.
24.7.5 The PERMITTEE must promptly comply with the modifications introduced by CAIXA, aiming at improving the products, the provision of services and the customer service of the Network of LOTTERY UNITS.
24.7.6 The PERMITTEE must refrain from any act that could compromise the image of the Lottery Unit Network and CAIXA.
24.7.7 The LICENSEE is prohibited from conditioning the sale of products or the provision of delegated services on the purchase or contracting of any other product or service.
24.7.8 The PERMITTEE must necessarily provide all services and sell all delegated products during local business hours, extending such operating hours at its discretion, respecting the availability of products and services established by CAIXA, except for reasons of force majeure.
24.7.9 The PERMITTEE must preserve the manuals and other documents provided by CAIXA, transmitting to its employees and agents the information necessary for the performance of their tasks.
24.7.10 The LICENSEE must maintain in stock all items of materials and products, in quantities and conditions adequate to ensure the perfect provision of services, as well as the quality of customer service.
24.7.11 The PERMITTEE must present, whenever requested by CAIXA, registration information and documents and, annually, negative certificates proving the regularity of its economic, accounting, social security and tax situation.
24.7.12 The PERMITTEE must provide detailed and clear information about revenues, expenses, and other costs that affect its performance, whenever requested by CAIXA.
24.7.13 The PERMITTEE must fully comply with CAIXA's decisions regarding the management of the Lottery Unit Network.
24.7.14 The PERMITTEE is directly and exclusively responsible for any and all burdens, risks or costs arising from the activities of its operation, consequently bearing all labor, tax, social security and indemnity charges of any kind claimed by its employees or injured third parties.
24.7.15 The PERMITTEE must pay the fees and fines due under this Circular, as established in the documents issued by CAIXA.
24.7.16 The PERMITTEE must notify CAIXA, in writing, of any changes to its registration and/or that of its partners.
24.7.17 The LICENSEE is prohibited, in the sale of products authorized by CAIXA and in the provision of delegated services, from operating in any internal CAIXA unit and/or using equipment restricted to CAIXA employees.
24.7.18 In compliance with the Regulation on Relationships with Potentially Vulnerable Consumers, SARB No. 024/2021, the offer of financial products and services must be tailored to the needs, interests, and objectives of potentially vulnerable consumers, providing clear and transparent information, and enabling them to make informed decisions regarding their products and services.
24.7.18.1 The PERMITTEE must observe the procedures set forth in SARB No. 024/2021.
24.7.18.2 The PERMITTEE shall conduct training and capacity building related to the treatment of vulnerable populations.
24.7.19 The PERMITTEE must strictly observe the legislation relating to the LGPD – General Law for the Protection of Personal Data – Law No. 13.709/2018 and its updates.
24.7.19.1 The PERMITTEE must adopt, with regard to its employees, standards, best practices, security measures, both technical and administrative, capable of protecting customers' personal data from unauthorized access and from accidental or unlawful situations of use, disclosure, destruction, loss, alteration or any form of inappropriate or unlawful processing.
24.7.19.2 The PERMITTEE, for the purposes of complying with the LGPD (Brazilian General Data Protection Law), must promote the proper and secure disposal of customer documents/receipts retained in its environment, after the archiving period established in the CAIXA Lottery Operational Manual.
24.8 EQUIPMENT
24.8.1 The LICENSEE must use the equipment exclusively at the lottery establishment and for the purposes defined by CAIXA.
24.8.2 The LICENSEE must allow free access to CAIXA, or a company contracted by it, to the lottery establishment, upon identification of its employees or representatives, to carry out the technical interventions necessary for the full operation of the equipment.
24.8.2.1 The PERMITTEE must not hinder or oppose the execution of maintenance services on the equipment and/or connectivity provider assets, even if merely preventive.
24.8.3 The PERMITTEE shall bear all expenses necessary for the installation, regular use and operation of the equipment, such as electrical, hydraulic, telephone installations and other expenses that may be necessary for the conservation and maintenance of the equipment in perfect condition.
24.8.3.1 Electrical installations that do not comply with the operating standards of the equipment constitute misuse of the PERMIT, and the repairs resulting from the non-compliant environmental standard must be borne by the PERMITTEE.
24.8.4 The PERMITTEE must allow the removal of equipment on loan from the lottery establishment when determined by CAIXA.
24.8.4.1 Equipment returned with missing and/or damaged parts, constituting loss/misplacement or damage, must be replaced at the cost passed on to the PERMITTEE.
24.8.5 The LICENSEE must use, in the LOTTERY UNIT, only equipment intended for games and the provision of services authorized by CAIXA.
24.8.6 The PERMITTEE must ensure that only persons authorized by CAIXA carry out any alterations, part replacements, modifications, or any other technical intervention on the equipment provided.
24.8.7 The transport of equipment(s) to another address is carried out with the express authorization of CAIXA and must be performed only by CAIXA or a company contracted by it.
24.8.7.1 Any transport and/or relocation of equipment by the PERMITTEE, without authorization from CAIXA, will be subject to the costs arising from the loss of warranty in the event of any damage to the equipment, and may even result in administrative liability.
24.9 CERTIFICATION
24.9.1 The PERMITTEE's team members who provide customer service, forward or type credit operation proposals, in person or remotely, must be qualified through a certification exam organized by an entity of recognized technical capacity.
24.9.2 At least one member of the PERMITTEE's team must be qualified in the aforementioned certification exam, regardless of whether the PERMITTEE has opted to provide customer service, make referrals, or type up credit operation proposals, in person or remotely.
24.9.3 Certification must be based on a training process that addresses, at a minimum, the technical aspects of operations, applicable regulations, Law No. 13.709 of August 14, 2018 (General Law on the Protection of Personal Data), Law No. 8.078 of September 11, 1990 (Consumer Protection Code), ethics and ombudsman, in accordance with CMN Resolution No. 4.935 of July 29, 2021 or any rule that may replace it.
25 Irregularities and Administrative Sanctions
25.1 The LICENSEE who fails to comply with the specifications, standards, procedures, guidelines and operational routines in force, whether relating to the service provided, as well as the products sold or the services made available to customers, incurs an irregularity, subject to administrative sanction, as described in Annex II.
26. Revocation or termination of the permit.
26.1 CAIXA may, at any time, revoke the PERMISSION that is the subject of the Contract, due to the precarious and unilateral nature inherent in the PERMISSION regime.
26.2 Revocation or Expiry of Permission
26.2.1 The revocation of the PERMISSION terminates the PERMISSION Agreement and will be declared unilaterally by CAIXA.
26.2.2 The reasons for revocation of the PERMIT are specified in the irregularities table of Group 3 in Annex II.
26.2.3 Upon revocation of the PERMIT, the PERMITTEE is not entitled to any compensation.
26.2.4 In the event of revocation due to the PERMITTEE's fault, a period of 2 (two) years must be observed before the holder of the revoked PERMIT and their respective partners can obtain another PERMIT.
26.3 Termination of Permission
26.3.1 The PERMIT will be terminated upon the expiration of its term and in the cases provided for by law.
26.3.2 The termination of the PERMIT may occur amicably.
26.3.2.1 The PERMITTEE may request the revocation of the Lottery PERMIT, by means of written notification to CAIXA and with a minimum notice of 30 (thirty) days.
26.3.2.2 The approval of the request is conditional upon the return of all material/equipment and the payment of debts, without prejudice to CAIXA's right to demand compensation for any remaining losses and damages.
26.3.2.3 The amicable termination of the PERMIT shall not prevent the former PERMITTEE or its partners from applying for a new PERMIT.
26.3.2.4 Lottery Units that request the revocation of the Permit will be subject to the contractual provisions set forth in the Membership Agreement, especially regarding financial obligations to CAIXA and any related penalties.
26.3.2.5 In the event of revocation for any reason or termination of the PERMIT, the PERMITTEE is obliged to immediately de-characterize the property, removing any and all identification with the CAIXA brand and/or with any of the lottery modalities, within 10 (ten) working days, counted from the notification.
27 ADMINISTRATIVE SANCTIONS AND PROCEDURES
27.1 The System of Administrative Sanctions is set out in Annex II of this Circular.
27.1.1 Total or partial non-compliance with the Contract shall result in the application of the following administrative sanctions, guaranteeing the right to a fair hearing, full defense, and appeal:
Warning;
II Fine;
III Suspension;
IV. Revocation.
27.1.2 Regardless of the administrative sanctions provided for, the sanction of Regression of Business Classification Group or a fine may be applied to PERMITTEES acting as CAIXA AQUI Negocial Correspondents, relating to irregularities foreseen in the contract, which will be applied immediately after the irregularity is committed, and do not interfere with other administrative sanctions.
27.1.3 The sanctions of warning, fine and suspension of activities may be applied cumulatively, according to the scoring system defined in Annex II of this Circular.
27.1.4 At CAIXA's discretion, the immediate suspension of activities may be determined as a warning measure, the duration of which will be defined by CAIXA, according to the severity of the occurrence.
27.1.5 The revocation of the PERMIT is applied in accordance with the provisions of item 26.2 of this Circular.
27.1.6 CAIXA notifies the PERMITTEE about the irregularity committed.
27.1.6.1 The possibility of immediate suspension of services, on a temporary basis, as a warning measure, is reserved, regardless of notification.
27.1.7 In the event that the PERMITTEE refuses to receive the notification, this act is remedied by the signature of two witnesses on the respective document, which is sent via mail with acknowledgment of receipt, or by other legal means.
27.1.8 The PERMITTEE has a period of 5 (five) business days, after notification, to formally present its defense for analysis by CAIXA.
27.1.9 In the absence of a formal response from the PERMITTEE or if the defense presented is not accepted, CAIXA will apply the administrative sanction.
27.1.10 The PERMITTEE may appeal the decision within 5 (five) working days.
27.1.10.1 The appeal is filed with the authority that issued the appealed decision, to issue a new decision within 5 (five) working days.
27.1.10.2 The appeal is admitted without suspensive effect.
27.1.10.3 If the decision is upheld, the appeal is addressed to the immediately superior authority, which will issue a final decision, considering, primarily, the public interest involved.
27.1.10.4 After a decision has been rendered on appeal, no further administrative appeal will be permitted.
28 ON-CALL MEASURE
28.1 The Standby Measure consists of the temporary suspension of activities, with the deactivation of the system and equipment, and will be applied at CAIXA's discretion to the PERMITTEE for the irregularities specified in Groups 2 and 3 in Annex II.
28.2 The warning measure will be applied by CAIXA regardless of prior notification to the PERMITTEE, provided that there are indications of irregularity.
29 LICENSE
29.1 At CAIXA's discretion, provided it is duly justified, exceptional authorization may be granted to suspend the PERMITTEE's activities for a period of up to 90 (ninety) days, extendable for a further 30 (thirty) days.
29.2 The License can only be granted after any outstanding debts have been settled.
29.3 The License application must be submitted to CAIXA at least 90 (ninety) days in advance.
29.4 Requests made within a period shorter than that stipulated in item 29.3 will imply payment for the Federal Lottery tickets and other products sent and/or requested, even if they have not yet been received by the PERMITTEE.
30 CADASTRAL RESEARCH
30.1 CAIXA, at its discretion, conducts and/or requests periodic background checks on the PERMITTEE and its respective partner(s), as well as requests proof of tax and fiscal regularity, including with the FGTS (Brazilian Severance Indemnity Fund), Federal Revenue Service and Social Security, as well as a Permit and/or Operating License covering the Lottery activity, when legally required by the municipality.
30.2 In the event of registration restrictions, the PERMITTEE is formally notified and has a period of 60 (sixty) days to regularize the situation, being subject to administrative sanctions.
31 ADMINISTRATIVE FEES
31.1 The administrative fees relating to PERMITS, contract amendments, change of location, equipment reinstallation and administrative sanctions are listed in Annexes I and II, respectively.
31.2 CAIXA reserves the right to periodically review the fee amounts, providing due written notification to the PERMISSIONÁIA.
32 CONTRACT TERM
32.1 The term of validity of the PERMIT Agreement corresponds to the period agreed upon in the contractual instrument signed with the PERMITTEE.
32.2 PERMIT contracts are entered into for a term of 20 (twenty) years, with automatic renewal for an identical period, except for termination or declaration of forfeiture based on proven breach of contract clauses, or termination, in situations provided for by law.
32.2.1 The renewal period will be counted from the end of the PERMIT period, regardless of the initial term of the latter.
33 TRANSITIONAL PROVISIONS
33.1 Advanced Lottery House
33.1.1 It is a category in extinction, with only the existing ones remaining.
33.1.2 The provisions of this Circular apply to the ADVANCED LOTTERY OUTLET operating until the end of the Contract, which may be renewed for the same term as the grant of the LOTTERY OUTLET originating the permit.
33.1.3 The ADVANCED LOTTERY OUTLET always operates as an extension of a LOTTERY OUTLET, selling all federal lotteries, affiliated products, and acting as a CAIXA Correspondent.
33.1.4 As an extension, this category must necessarily maintain the same owner or partners of the LOTTERY HOUSE that originated the PERMIT.
33.1.5 The ADVANCED LOTTERY HOUSE is characterized by having only 01 (one) TFL.
33.1.5.1 The installation of -TF- equipment in the ADVANCED LOTTERY OUTLET is permitted by CAIXA, subject to a market and technical study that takes into account the demand for services and transactions classified as CAIXA AQUI Correspondent activities.
33.1.6 The ADVANCED LOTTERY HOUSE is equivalent to the LOTTERY HOUSE category in all other items of this Circular, mainly in relation to Guarantees, Visual Standardization, Performance Evaluation, Systems, Security and Microcomputing, Rights, Duties and Administrative Sanctions.
34. The terms of this Circular apply to all current Contracts, regardless of the date of contracting the LOTTERY UNIT.
35. CAIXA Circular No. 999/2022, dated July 28, 2022, is hereby revoked.
36 This Circular shall enter into force on the date of its publication.
DANIELA ALMEIDA SILVA NASCIMENTO
Executive Director
ANNEX I
TABLE OF REGISTRATION FEES, BIDS, CHARGES AND FINES – COVERING ADMINISTRATIVE EXPENSES – LOTTERIES.
|
REGISTRATION FEE OR MINIMUM BID |
|
|
TICKET VENDOR |
20,00 BRL |
|
Lottery House |
10.000,00 BRL |
|
TEMPORARY ADVANCED LOTTERY OUTLET |
100,00 BRL |
|
TICKET FIXED |
100,00 BRL |
|
Simplified Lottery Unit – USL |
1.000,00 BRL |
CAIXA adopts the Minimum Bid as a selection criterion in the bidding process, and any proposal offering values considered impractical for the location where the bidding takes place will be disqualified.
For the Minimum Bid for LOTTERY OUTLETS and SIMPLIFIED LOTTERY UNITS, CAIXA reserves the right to set the values in the Bidding Notice, according to a market study of the location, which shall not be lower than the values shown in the table above.
|
Contract amendment fee for lottery house and USL categories. |
|
|
Replacement of a partner and/or change in the percentage of shares among current partners. |
Percentage based on the average monthly revenue (game commissions + fees/commissions from other services) over the last 6 (six) months of effective operation. |
|
00,1% to 24,99%. |
10 % |
|
25,00% to 49,99%. |
25 % |
|
50,00% to 100,00%. |
50 % |
The above fee may be changed at CAIXA's discretion, provided that the minimum amount is not less than R$ 250,00 (two hundred and fifty reais).
|
FEE FOR CHANGE OF REGISTRATION INFORMATION FOR LOTTERY OUTLETS |
|
|
Registration Changes for Lottery Unit Group |
100,00 BRL |
|
CONTRACT AMENDMENT FEE – OTHER CATEGORIES |
|
|
Contract Amendment - Fixed Ticket Price |
100,00 BRL |
|
Equipment Reinstallation Fee (all categories) |
|
|
Equipment Reinstallation |
600,00 BRL |
|
CHANGE OF LOCATION FEE (all categories) |
|
|
change of location |
1.000,00 BRL |
|
ADMINISTRATIVE SANCTIONS (all categories) |
|
|
Fine for 10 points |
5% on the average monthly revenue (game commission + fees/commissions from other services) of the last 6 (six) months of effective operation. |
|
Fine for 20 points |
15% on the average monthly revenue (game commission + fees/commissions from other services) of the last 6 (six) months of effective operation. |
|
Fine for 30 points |
20% on the average monthly revenue (game commission + fees/commissions from other services) of the last 6 (six) months of effective operation and suspension of activities for a period to be defined by CAIXA. |
ANNEX II
SYSTEM OF ADMINISTRATIVE SANCTIONS
Irregularities committed by the Lottery Unit Network are classified into groups and may result in the application of sanctions such as warnings, fines, suspension, and revocation, as follows:
Irregularities Group I – result in points being awarded;
Irregularities Group II – result in points and, as a warning measure, the temporary suspension of activities;
Irregularities in Group III – warrant revocation and, as a precautionary measure, the temporary suspension of activities until judgment/decision.
of the administrative sanction.
The penalties of warning, fine, and suspension are applied cumulatively, according to a points system.
Special Situations:
a) In situations where the practice of transactions aimed at obtaining fictitious or non-fictional resources for personal gain or the benefit of third parties is proven, in addition to the opening of administrative proceedings, a fine of twice the amount of remuneration paid by CAIXA will be applied for each improper transaction. In case of recurrence, a fine of four times the amount of remuneration paid by CAIXA will be applied for each improper transaction.
b) When customer complaints are identified related to non-compliance with the rules of the “Self-Regulation System for Personal Loan and Credit Card Operations with Payment by Payroll Deduction”, as per FEBRABAN communication FB079/2019, administrative measures will be applied, always gradually and in the following order based on recurrence: warning, suspension of new loan contracting operations for periods of 5 (five) business days, 10 (ten) business days, 20 (twenty) business days, 30 (thirty) business days and, finally, definitive suspension of new payroll deduction loan contracting operations, without prejudice to other penalties, including more severe ones, if foreseen and applicable.
Irregularities are scored according to the following criteria:
A score is assigned for each irregularity;
When the total points reach or exceed 10 points in the last 12 months, a warning plus a fine of 05% will be applied to the average monthly revenue (game commissions + fees/commissions from other services) of the last 6 months of effective operation;
When the total points reach or exceed 20 points in the last 12 months, a warning plus a fine of 15% will be applied to the average monthly revenue (game commissions + fees/commissions from other services) of the last 6 months of effective operation;
When the total points reach or exceed 30 points in the last 12 months, a warning plus a fine of 20% on the average monthly revenue (game commission + fees/commissions from other services) of the last 6 months of effective operation will be applied, in addition to the suspension of activities for a period to be defined by CAIXA;
Upon accumulating 40 points in the last 12 months, the PERMITTEE will have their PERMIT revoked;
The fine amount may be reduced at CAIXA's discretion.
Irregularities Group 1 – Result in points.
|
Irregularities Group 1 |
PUNCTUATION |
|
|
1 |
Failure to notify CAIXA of changes to the company's articles of association involving alterations to: address, percentage of shareholding among partners or of the managing partner(s), or withdrawal of minority partner(s), or the legal nature or type of legal entity, company name, trade name, main activity, reduction of share capital, or other changes provided for by law. |
10 |
|
2 |
Failure to provide all services and sell all delegated products, at a minimum, during the business hours observed at the location, respecting the availability of products and services established by CAIXA, except in cases of force majeure. |
5 |
|
3 |
Failure to respond to a summons from CAIXA to appear in person or any request for information and documents. |
5 |
|
4 |
Failure to pay prizes from federal lotteries, regardless of the channel through which the winning bet was placed, up to the amount stipulated by CAIXA. |
10 |
|
5 |
Failure to submit invoices on the dates stipulated by CAIXA. |
10 |
|
6 |
To separate the value of deposits in a checking account and/or savings account for personal gain or the benefit of third parties. |
10 |
|
7 |
Failure to make necessary physical and/or service adjustments to comply with current legislation, such as accessibility, preferential service, the elderly statute, among others. |
10 |
|
8 |
Acting on behalf of CAIXA with an expired power of attorney. |
5 |
|
9 |
Altering, reforming, or modifying the visual and environmental standard without prior authorization from CAIXA is prohibited, except for minor works, repairs, or replacements that become necessary due to damage from use. |
5 |
|
10 |
Using promotional and/or communication materials not authorized by CAIXA at the lottery outlet is prohibited. |
10 |
|
11 |
Failure to carry out alterations and/or renovations to the property, the subject of the PERMIT, when requested by CAIXA, in order to maintain the standardization and image of the Lottery Unit Network. |
5 |
|
12 |
Using the equipment and/or terminals that facilitate betting and the provision of services for purposes other than those stipulated in the granting of the PERMIT. |
10 |
|
13 |
To promote and/or allow unauthorized third parties to promote any alteration, part replacement, modifications, or any other technical intervention on the equipment and/or terminals provided. |
10 |
|
14 |
To make the sale of products and the provision of delegated services conditional upon the purchase of another product or service. |
10 |
|
15 |
To prevent access by representatives of CAIXA, BACEN, or technicians and suppliers to its premises, as well as to the required documents and information. |
10 |
|
16 |
Making any statement on behalf of CAIXA through any media outlet is prohibited, unless previously authorized. |
10 |
|
17 |
To disseminate, on their own account, any advertising and publicity in the media using the brand and name of the Lotteries and CAIXA, without prior authorization from CAIXA. |
5 |
|
18 |
To market, broker, distribute, and promote any other type of raffle or lottery, even if legally permitted, or any service without the express authorization of CAIXA. |
10 |
|
19 |
Damaging or misusing any material and/or equipment provided by CAIXA. |
5 |
|
20 |
Failure to comply with the proposal presented in the bidding process for granting the PERMIT. |
10 |
|
21 |
To cease invalidating/rendering unusable all winning and already paid tickets for all federal lotteries, in accordance with regulatory procedures, thus allowing for the re-presentation of the tickets. |
10 |
|
22 |
Failure to provide detailed and clear information about revenues, expenses, and other costs that affect the performance of the Lottery Unit, whenever requested by CAIXA. |
10 |
|
23 |
Prevent the removal of equipment and/or terminals from the lottery establishment, when ordered by CAIXA. |
10 |
|
24 |
Failure to comply with operational rules and procedures related to delegated activities. |
10 |
|
25 |
Having 03 (three) customer service complaints registered in the same month. |
5 |
|
26 |
To carry out atypical operations aimed at obtaining virtual/fictitious resources for accounting purposes. |
10 |
|
27 |
Depositing checks into the accounting account, intended for expense reports, that are not related to transactions authorized by CAIXA, as well as failing to comply with the rules for moving funds in the accounting account for expense reports. |
10 |
|
28 |
Receiving lottery prizes on behalf of third parties. |
10 |
|
29 |
The lottery outlet does not have the security and microcomputer equipment stipulated in this Circular. |
10 |
|
30 |
Failure to provide the required documentation or failure to respond to requests for documents made by CAIXA. |
5 |
|
31 |
Failure to provide information passed on by CAIXA or failure to clarify bettors' doubts regarding the operation of the electronic lottery sales channel. |
10 |
|
32 |
To refrain from acting in the continuous improvement of the skills and professional development of its partners and employees, through participation in courses and training indicated or not by CAIXA, or to fail to participate, whenever summoned by CAIXA, in courses and training paid for by it. |
5 |
|
33 |
Failure to comply with rules and guidelines related to the Responsible Gaming Program. |
5 |
|
34 |
Failure to comply with the rules, principles, and guidelines of CAIXA's Customer and User Relationship Policy for Products and Services. |
5 |
|
35 |
To work in any internal CAIXA unit and/or use equipment restricted to CAIXA employees. |
5 |
|
36 |
Using social media or any other means to incite other lottery business owners to disregard operational rules or procedures. |
10 |
|
37 |
Spreading false information about CAIXA or CAIXA Lotteries. |
10 |
|
38 |
If it is proven that an act was committed that is considered harmful to CAIXA's electronic lottery sales channel or to its image. |
10 |
|
39 |
To market or act as an intermediary in the sale of winning lottery tickets. |
10 |
|
40 |
To market, broker, distribute and promote any games not regulated or authorized by CAIXA. |
10 |
|
41 |
In the marketing of prediction lotteries, failing to provide the bettor with the original receipt issued by the betting terminal at the time of placing the bet, or providing an invalid or canceled receipt. |
10 |
|
42 |
To associate with an individual or legal entity to market or intermediate the marketing of Federal Lotteries through channels not officially authorized by CAIXA. |
10 |
|
43 |
Failing to comply with the principles of the General Data Protection Law, even if there is no proven intent, but which could expose CAIXA to problems before the regulatory agency. |
10 |
Irregularities Group 2 – Result in points and, as a warning measure, temporary suspension of activities.
The temporary suspension will remain in effect until the outstanding issue that caused it is resolved.
|
Irregularities Group 2 |
PUNCTUATION |
|
|
1 |
Failure to make the deposits (in whole or in part) for the accounting of the amounts collected relating to the sale of Federal Lotteries, affiliated products and its activity as a Correspondent, within the deadlines established by CAIXA. |
10 |
|
2 |
Not having conventional insurance for valuables or a deposit under hold for collateral purposes at CAIXA, according to the guarantee amounts established by CAIXA. |
10 |
|
3 |
Failure to comply, within the stipulated timeframe, with administrative sanctions applied as a result of non-compliance with obligations and duties assumed before CAIXA. |
10 |
|
4 |
Failure to regularize the registration restrictions of the company and its respective partners within 60 days of notification from CAIXA. |
10 |
|
5 |
Failure to present annually, or whenever requested by CAIXA, the negative certificates proving compliance with the Federal Revenue Service, INSS (Brazilian Social Security Institute), and FGTS (Brazilian Severance Indemnity Fund). |
10 |
Irregularities Group 3 – Result in the revocation and temporary suspension of activities as a precautionary measure until the administrative sanction is judged.
|
Irregularities Group 3 |
PENALTY |
|
|
1 |
To engage in any action that may cause imminent harm to CAIXA resulting from misuse of the PERMISSION granted. |
Revocation |
|
2 |
Acting fraudulently, maliciously, or in bad faith; committing the crime of money laundering or violating bank secrecy; or committing any of the criminal, civil, or administrative offenses foreseen in current legislation that imply a breach of trust and/or constitute inappropriate conduct for the continuation of the relationship with CAIXA. |
Revocation |
|
3 |
Subcontracting, in whole or in part, the object of the PERMISSION, assignment or transfer, as well as mergers, spin-offs or incorporations not permitted under the Contract signed between the parties. |
Revocation |
|
4 |
To engage in any action that may cause liability or harm to CAIXA, resulting from poor performance as a Correspondent in the country, as established by the Central Bank of Brazil. |
Revocation |
|
5 |
Losing the economic, technical, or operational capacity to adequately maintain the marketing of lotteries and services authorized by CAIXA. |
Revocation |
|
6 |
To receive a conviction in a final and unappealable judgment for tax or social security contribution evasion, if payments are not made within the stipulated judicial deadlines. |
Revocation |
|
7 |
To reach or exceed a total of 40 points resulting from contractual penalties for irregularities committed in the last 12 months. |
Revocation |
|
8 |
Any supervening fact or circumstance, including those of a marketing nature, that advises or requires revocation. |
Revocation |
|
9 |
Failure to correct the irregularities committed, as outlined in group 2, within 90 days of the penalty being applied. |
Revocation |
|
10 |
To promote any changes to the company's Articles of Association that involve the replacement or inclusion of partners, as well as the withdrawal of majority partner(s), without prior consent from CAIXA. |
Revocation |
|
11 |
Operating with irregular documentation. |
Revocation |
|
12 |
Combining lottery activity with another commercial activity without the express authorization of CAIXA. |
Revocation |
|
13 |
Providing unauthorized services on behalf of CAIXA. |
Revocation |
|
14 |
To compromise or involve CAIXA in your personal or business credit operations, in any type of financial commitment, or in other operations not stipulated in the contract. |
Revocation |
|
15 |
The family relationship with a CAIXA employee must be proven, in accordance with the terms set forth in this Circular. |
Revocation |
|
16 |
Selling federal lottery products or other products authorized by CAIXA at a price exceeding the established limit. |
Revocation |
|
17 |
Violating the CAIXA Supplier Code of Conduct, available on the CAIXA website, is without prejudice to the initiation of an Administrative Liability Process – PAR, as provided for in Law 12.846/2013. |
Revocation |
|
18 |
Its closure is determined by a final and unappealable court ruling. |
Revocation |
|
19 |
To receive a conviction in the second instance for committing crimes stipulated in the Penal Code or the Law of Criminal Offenses. |
Revocation |
|
20 |
To engage in any act that discredits the status of a CAIXA partner or in a public and/or notorious scandal with negative repercussions for CAIXA's image. |
Revocation |
|
21 |
To demand any compensation from clients in exchange for services rendered on behalf of CAIXA, or to charge, on its own initiative, any fee related to the provision of services stipulated in the Correspondent agreement. |
Revocation |
|
22 |
To carry out operations as a means to obtain fictitious or non-fictional funds, aiming for personal gain or the benefit of third parties, such as splitting transactions or recurring deposits made irregularly. |
Revocation |
|
23 |
Failure to comply with the terms of the CAIXA Integrity Program and/or failure to adopt measures and procedures, when requested by CAIXA, that mitigate the risks related to fraud and corruption. |
Revocation |
|
24 |
To combine lottery activity or to operate concurrently with a commercial and/or service enterprise that is a competing, illegal, unhealthy activity or that compromises the image of CAIXA, its products or the Lottery Unit Network. |
Revocation |
|
25 |
To repeat any of the irregularities numbered 39 to 42 of Group I. |
Revocation |
|
26 |
To carry out operations in which the sender of the funds acts as an intermediary agent, performing commercial or financial transactions on their behalf and at the behest of third parties, concealing the identity of the actual agent or beneficiary. |
Revocation |
|
27 |
Using one's status as a licensee to collect customer data and use it for private purposes or purposes incompatible with the delegated activities, or enabling the leakage, use, or sharing of personal data for purposes other than those for which it is intended, in violation of the principles of the General Data Protection Law – LGPD. |
Revocation |
|
28 |
Receiving or transferring funds incompatible with the lottery permit activity and/or aggregated activity authorized by CAIXA, without proof of their origin. |
Revocation |
Any PERMITTEE that commits an irregularity not foreseen in this Circular will be subject to penalties according to the severity of the act, with CAIXA responsible for judging the matter and applying the administrative sanction. The method for applying the penalty levels is described in a separate CAIXA act.
ANNEX III
PIX (INSTANT PAYMENT)
1.1 PIX – Brazilian instant payment system
1.2 WITHDRAWAL SERVICE FACILITATOR – A Pix participant who, on a voluntary basis, facilitates the withdrawal service, directly or through a withdrawal agent, by establishing a contractual relationship for this purpose.
1.3 WITHDRAWAL AGENT – Legal entity that establishes a contractual relationship with a withdrawal service facilitator to enable the facilitation of such service.
1.4 For the purposes of this Circular, CAIXA is defined as the facilitator of the withdrawal service and the PERMISSIONÁRIAS as withdrawal agents.
2. THE ROLE OF LOTTERY OUTLETS AS WITHDRAWAL AGENT
2.1 The PERMITTEES, as grantees of the lottery permit, in accordance with Law 12.869/2013 and other obligations set forth in this Circular, must act as a withdrawal agent to provide the Pix Withdrawal and Pix Change services on behalf of this entity.
2.2 Licensees must comply with the procedures set forth in this Circular to act as withdrawal agents in the Pix service and its modalities, and licensees are prohibited from acting outside the standards established herein.
2.3 PIX OPERATIONAL PROCEDURES
2.3.1 The PERMITTEES will offer the Pix (Instant Payment) service in real time, during public service hours, if compatible with the hours made available by the Central Bank of Brazil, between CAIXA and other direct and indirect participants of the Instant Payment System (SPI) within the scope of the Central Bank's Payment Arrangement, in the following modalities: Pix Payment, Pix Withdrawal and Pix Change:
Pix Payment is a payment method used to pay for the public service of selling federal lotteries and other authorized products through the Lottery Network.
II. Pix Withdrawal is the method by which the customer makes a Pix payment to withdraw funds from their account to the Lottery Unit's account and receives cash from that unit.
III. Pix Troco is a service where a customer makes a Pix payment to receive change from their account to the lottery outlet's account when purchasing a product or service, and receives the difference in cash.
2.3.2 Licensees authorized to use the Pix brand must comply with the rules set forth in BACEN Resolution No. 1 of August 12, 2020, and the Brand Usage Manual.
1.3.3 Clear, appropriate, and accessible language must be used to disclose information about the Pix Saque or Pix Troco service, both on physical premises, websites, and applications, in accordance with the Pix promotional material provided by CAIXA.
2.3.4 The LICENSEES will make available to customers the minimum and maximum limits disclosed by CAIXA, respecting what is established by BACEN, and the lottery outlet is prohibited from requesting amounts different from those disclosed by CAIXA, except in cases where there is a lack of available funds, for the Pix Withdrawal and Pix Change modalities.
2.3.5 The LICENSEES must make available all Pix payment methods provided by CAIXA for all products and services, and are prohibited from refusing service to customers, except in cases where there is a lack of funds, for the Pix Withdrawal and Pix Change methods.
2.3.6 It is forbidden to use a Pix payment method other than the one requested by the customer, as well as to advise them to use a method that does not correspond to their actual needs.
2.3.7 Licensees are prohibited from charging any fee directly to the customer for providing Pix services in any modality.
2.3.8 Licensees are prohibited from working with more than one cash withdrawal service facilitator simultaneously.
2.3.9 The transactional account of the PERMITTEES, when acting as a withdrawal agent, must be the accounting account that exclusively handles the movement of amounts corresponding to lottery collections, acting as a Correspondent, and financial settlements, in accordance with the rules predefined by CAIXA.
2.3.10 The PERMITTEES must keep the information necessary to facilitate the service up to date, including information regarding the identification of the accounting account.
2.3.8 In the event of non-compliance with the rules or requirements established for the provision of the Pix service, the PERMITTEE may have the service suspended or terminated in accordance with BACEN Resolution No. 1 of August 12, 2020, and may also be subject to the current Administrative Sanctions System.


