BCB Resolution No. 222 — Disposes on the handling of complaint registration within the Citizen Demand Registration System (RDR)

BCB RESOLUTION NO. 222, OF MARCH 30, 2022

Disposes on the handling of complaint registration within the Citizen Demand Registration System (RDR).

The Collegiate Board of the Central Bank of Brazil, in a session held on March 30, 2022, based on arts. 9º and 10 of Law No. 4.595, of December 31, 1964, 3º of Law No. 4.728, of July 14, 1965, 6º and 7º of Law No. 11.795, of October 8, 2008, 7º and 9º of Law No. 12.865, of October 9, 2013, and 11 of Law No. 13.775, of December 20, 2018, and having in view the provisions of arts. 3º, § 4º, of Resolution BCB No. 1, of August 12, 2020, 6º, item III, of Resolution CMN No. 4.865, of October 26, 2020, and 6º, item III, of Resolution BCB No. 29, of October 26, 2020,

R E S O L V E :

Art. 1º This Resolution disposes on the handling of a complaint presented to the Central Bank of Brazil, registered in the Citizen Demand Registration System (RDR), by clients and users of products and services of:

I - financial institutions and other institutions authorized to operate by the Central Bank of Brazil;

II - payment institutions not classified under the criteria provided in the current regulation to be authorized to operate by the Central Bank of Brazil, but that are part of the Brazilian Payments System (SPB);

III - institutions authorized by the
Central Bank of Brazil to participate in the Controlled Testing Environment for Financial and Payment Innovations (Regulatory Sandbox); and

IV

• other institutions under the supervision of the Central Bank of Brazil.

Art. 2º For the purposes of this
Resolution, it is considered:

I - complaint registration: the registration made in the RDR resulting from communication of a fact involving any of the institutions mentioned in art. 1º;

II - follow-up registration: the registration made in the RDR by the Central Bank of Brazil to request clarifications or measures related to demands registered in this system.

Sole paragraph. The complaint and follow-up registrations may be made available to the institutions mentioned in art. 1º on the Central Bank of Brazil's website.

Art. 3º Starting from the availability of the complaint registration, the complained institution must send a response to the demand holder within a period of up to 10 (ten) business days.

§ 1º In the response referred to in the caput of this article, there must be a reference, in a conclusive manner, to all occurrences addressed in the complaint registration.

§ 2º The response referred to in the caput of this article must be sent electronically or by registered mail in the postal service, sent:

I - to the physical or electronic address indicated in the client's registration maintained by the complained institution; or

II - to the physical or electronic address indicated in the RDR, in cases where the demand holder is not a client of the complained institution.

§ 3º The complained institution, simultaneously with sending the response to the holder of the demand, must insert in the RDR the supporting documents of the clarifications provided to him and the report of the measures adopted in the case, accompanied by an electronic file containing a copy of the sent response and its attachments.

§ 4º In the case where the content of the complaint concerns third parties, natural or legal persons, the complained institution must send a response to the demand holder and may clarify about the need to prove due legal representation or opening of a new registration, including directly in its channels, by the interested party itself.

Art. 4º In the case of complaint registration, the complained institution may request, via the RDR, until the deadline expires and in a motivated manner, an extension of the deadline for sending a response to the demand holder.

Sole paragraph. The extension of the deadline for sending a response to the demand holder may be granted, with an annotation in the RDR:

I - only once, for a maximum period equal to that initially established in the registration, provided that it is proven in the extension request that the demand holder was informed about the reasons for the request, by electronic means or by registered mail in the postal service, under penalty of the extension being summarily denied; or

II - more than once or for a period longer than that initially established in the registration, in the case of institutions subject to special regimes or exceptional situations, thus recognized in a reasoned dispatch by the competent authority.

Art. 5º Starting from the availability of the follow-up registration, the institution indicated in the registration must, via the RDR and within the period indicated in the registration itself, present the clarifications or measures requested by the Central Bank of Brazil.

§ 1º The institution indicated in the registration may request, via the RDR, until the initially established deadline expires and in a motivated manner, an extension of the deadline for presenting a response to the follow-up registration.

§ 2º The deadline for presenting a response to follow-up registrations may be extended more than once, with an annotation in the RDR.

Art. 6º The institutions mentioned in art. 1º, item I, must designate, as appropriate, a director or administrator responsible for handling the demands registered in the RDR.

§ 1º The director or administrator designated in compliance with the caput may perform other functions in the institution, except those related to the administration of third- party funds or another that represents a conflict of interest.

§ 2º The data relating to the director or administrator designated must be kept updated in the Information System on Entities of Interest of the Central Bank (Unicad).

Art. 7º The Institutional
Service Department (Deati) is authorized to publish on the Central Bank of Brazil's website aggregated information of complaint registrations and ordered classification of the complained institutions.

Art. 8º Are revoked:

I -
Circular No. 3.729, of November 17, 2014; and

II -
Circular No. 3.855, of November 9, 2017.

Art. 9º This
Resolution enters into force on May 1, 2022.

Mauricio Costa de Moura

Director of Relationship, Citizenship and Conduct Supervision