SÁB 18 DE MAYO DE 2024 - 16:20hs.
Superintendence of Private Insurance (SUSEP)

Strong blow to LOTEX: Capitalization operators to be allowed to offer instant prizes

Through the Official Gazette of the Union, the Private Insurance Superintendency (SUSEP), which provides for the capitalization transaction the modalities, preparation, operation and sale of Capitalization Bonds, has published a resolution that allows operators of this product to also offer instant prizes in Brazil without granting to the state, which leaves LOTEX's bidding almost meaningless. The ruling made foreign companies interested on LOTEX very angry.

The situation defnes a scenario as strange as absurd, where SUSEP, an organ of the Brazilian Ministry of Finance, grants a permission to the capitalization operators and severely damages the LOTEX concession process that is being conducted by SEFEL, Secretariat for Fiscal, Energy and Lottery Accompaniment, also belonging to the same Ministry.

Even though the bidding documents have been published for the LOTEX concession last month and its auction is scheduled for next month, SEFEL has not yet expressed its views on the subject.

It is now very difficult for interested foreign companies, who have been working on their proposals for next June, to move forward as product exclusivity offered in the project can not be met and the outlook for their investment changes drastically.

Some of these companies, global giants of the market, had already expressed their irritation at what they considered a clear change in the rules of the game organized by the Government of Brazil when they were invited to participate and presented themselves on road shows promoted in 2017 and 2018 by BNDES and SEFEL . With this news, the future of LOTEX is uncertain. However, it is unlikely that current conditions will continue to be maintained. One possibility could be the reformulation of the value of the grant even though this change, like the others, will seriously delay the whole process that has already been delayed.

The Private Insurance Superintendency (SUSEP), headquartered in Rio de Janeiro, is the responsible for the authorization, control and oversight of the insurance, open pension, capitalization and reinsurance markets in Brazil. In the field of insurance, it supervises both private and compulsory audiences.

According to the publication this morning in the Journal of the Union, SUSEP decides:
 

Art 1° - To provide for the capitalization transaction, the modalities, elaboration, operation and commercialization of Capitalization Bonds and to take other measures.
Art. 2° Capitalization is the operation whose purpose is to promote the constitution of minimum capital, perfectly determined in each plan and paid in national currency, to the holder (s) of the right of redemption and the right to the prize draw.
Art. 3° The Capitalization Bond is represented by a contract entered into with a capitalization company regularly authorized to operate by SUSEP, whose obligations arising therefrom must be guaranteed by the constitution of technical provisions, in the form established by the CNSP.
§ 1° The Capitalization Bond is indivisible in relation to the Capitalization Company.
§ 2° The rights related to the Capitalization Bond can not be sold separately.
§ 3° - The conversion of securities from one plan into another will be allowed, with prior consent of the underwriter, when it does not entail a reduction of the mathematical provision already constituted.
§ 4° - The Capitalization Bond may only be marketed according to conditions previously approved by Susep, subject to any requirements established by it and the legislation in force.
Art. 4° The Capitalization Bonds will only be structured according to the modalities detailed below:

I - traditional;
II - guarantee instrument;
III- scheduled purchase;
IV - popular;
V - incentive; ou
VI - philanthropy


Ney Brito (professor at UFRJ) and Pedro Trengrouse (FGV professor) explained in a recent article in the newspaper O Globo entitled "Great investment for the bank" that "the lottery ticket offered in capitalization bonds is a an attack on the popular economy, cannibalizes the national lottery market and occurs without control due to the old, obsolete and confused legislation of the sector. If the client invests the same amount, buying tickets himself from the Federal Lottery and depositing the rest in the savings account, he will have better profitability, liquidity and, at least, the same chances of winning."

Brito and Trengrouse claim that competition is unfair on the following grounds:

"The lotteries need legislative authorization, make social transfers, pay more prizes and are sold, passively, in only 14,000 lottery houses. Capitalization bonds are actively and insistently offered in more than 23,000 branches and almost 40,000 banking posts, pay less prizes, do not make any social transfers, and pass over Administrative Rule 41/08 of the Ministry of Finance, which has in paragraph 1 of article 20 that transactions related to capitalization bonds require authorization in accordance with Law No. 5,768 / 71 and Decree No. 70.951 / 72. Banks say that capitalization is a good investment. It really is for the bank. The built-in draw is used by the bank's sales machine as an additional carrot to a good investment, often sold in married operations, omitting the possibility of expressive losses with the interruption of payments and early redemptions, reaching mainly small savers. In 2016, the banks' gains with these redemptions and reduction of liabilities reached US$ 70 million."

In 2016, lotteries raised US$ 3.6 billion, paid US$ 1.2 billion in prizes and transferred US$ 1.7 billion to the National Treasury Secretariat, Student Funding Fund, National Culture Fund, National Penitentiary Fund , National Health Fund, Brazilian Red Cross, National Federation of Parents and Friends of Exceptional Associations, Ministry of Sport, Brazilian Olympic Committee, Brazilian Paralympic Committee, Brazilian Club Committee, National Confederation of Clubs and Football Clubs.

The collection of capitalization bonds was 67% higher, reaching US$ 6.05 billion, paying only US$ 285 million in prizes and generating net income of US$ 510 million to 17 companies, authorized by the Superintendency of Private Insurance and linked to banks: Aplap, Bradesco, Brasilcap, Caixa, Capemisa, Cardif, Itaú, Icatu, Invest, Kirton, Liderança, Mapfre, Porto Seguro, Santander, SulAmérica and Zurich Brazil.

Source: GMB