Circular No. 3.359

CIRCULAR No. 003359 ------------------ Provides for the establishment of an ombudsman organizational component by consortium administrators. The Collegiate Board of the Central Bank of Brazil, in a session held on 22 August 2007, based on art. 33 of Law No. 8.177, of 1 March 1991, D E C I D E D: Art. 1 The consortium administrators must establish an ombudsman organizational component, with the attribution of ensuring strict observance of legislation and regulations relating to consumer rights and acting as a communication channel between these institutions and the consortium members, including in conflict mediation. § 1 The structure of the organizational component must be compatible with the size of the administrator, the quantity and type of groups administered and the number of consortium members. § 2 Consortium administrators that are part of a financial conglomerate may use a single organizational component, established in the form of Resolution No. 3.477, of 26 July 2007, which will act on behalf of all members of the group. § 3 The organizational component must be segregated from the executing unit of the internal audit activity, referred to in art. 2, §§ 2 and 3, of Circular No. 3.078, of 10 January 2002. § 4 Consortium administrators must: I - widely disseminate the existence of the ombudsman, as well as complete information about its purpose and manner of use; II - guarantee consortium members' access to ombudsman services, through agile and effective channels, respecting the accessibility requirements of persons with disabilities or reduced mobility, in the form of current legislation; III - provide a toll-free direct dialing service 0800 (DDG 0800) to consortium members. § 5 The dissemination referred to in § 4, item I, must be provided including through the communication channels used to disseminate the administrator's products and services. § 6 The ombudsmen of consortium administrators that are not part of a financial conglomerate may enter into an agreement with the class association to which they are affiliated, for the use of service and advisory services. Art. 2 The attributions of the ombudsman are: I - receive, register, instruct, analyze and give formal and adequate treatment to complaints from consortium members that were not resolved by the usual service provided by their branches and any other service points; II - provide the necessary clarifications and inform complainants about the progress of their demands and the measures adopted; III - inform complainants of the expected deadline for final response, which cannot exceed thirty days; IV - forward a conclusive response to the complainants' demand by the deadline informed in item III; V - propose to the board of directors, when existing, or to the administrators of the consortium administrator, corrective measures or improvements to procedures and routines, as a result of the analysis of complaints received; VI - prepare and forward to the internal audit and the board of
directors, when existing, and to the administrators of the consortium administrator, at the end of each semester, a quantitative and qualitative report on the ombudsman's performance, containing the suggestions referred to in item V. § 1 The service provided by the ombudsman to consortium members must be free of charge and identified by a service protocol number. § 2 The reports referred to in item VI must remain available to the Central Bank of Brazil for a minimum period of five years. Art. 3 The bylaws or articles of association of consortium administrators must expressly contain, among others, the following data: I - the attributions of the ombudsman; II - the criteria for appointment and dismissal of the ombudsman and the duration of their term; III - the express commitment of the consortium administrator to: a) create adequate conditions for the operation of the ombudsman, as well as for its performance to be guided by transparency, independence, impartiality and exemption; b) ensure the ombudsman's access to the information necessary to provide an adequate response to complaints received, with full administrative support, and it may request information and documents for the exercise of its activities. Sole paragraph. The provisions of this article must be included, as applicable: I - in the bylaws of the consortium administrator, in the first amendment occurring after the creation of the ombudsman's office; II - in the articles of organization of the consortium administrator, by 30 April 2008. Art. 4 The consortium administrators must designate to the Central Bank of Brazil the names of the ombudsman and of the administrator responsible for the ombudsman's office, in the case of limited liability companies, or director responsible for the ombudsman's office, in the case of corporations. § 1 For the purposes of the designations referred to in the caput: I - the designated administrator or director may perform other functions; II - the ombudsman may not perform any other activity at the administrator, except that of administrator or director responsible for the ombudsman's office; III - in the event that the designation of administrator or director responsible for the ombudsman's office and of ombudsman fall on the same person, that person may not perform any other activity at the administrator. § 2 The data relating to the administrator or director responsible for the ombudsman's office and the ombudsman must be entered and kept up to date in the Information System on Entities of Interest to the Central Bank (Unicad) or, if applicable, in another system indicated by the Central Bank of Brazil. § 3 The administrator or director designated under the terms of this article is also responsible for compliance with legislation and regulations relating to consumer rights, and must be aware of their obligations to the consortium members of the administrator. § 4 The administrator or director responsible for the ombudsman's office must prepare a
semiannual report, in the form defined by the Central Bank of Brazil, on the activities of the ombudsman's office on the base dates of 30 June and 31 December and whenever a relevant occurrence is identified. § 5 The report referred to in § 4 must be: I - reviewed by the external audit, which must express an opinion on the quality and adequacy of the structure, systems and procedures of the ombudsman's office, as well as on compliance with the other requirements of this circular, provided that, in the cases set forth in art. 1, § 6, the respective agreements must contain a clause establishing responsibility for the audit, under the terms of this circular; II - forwarded to the Central Bank of Brazil, duly accompanied by the external audit's opinion and the internal audit's opinion, when existing, within sixty days of the base date or of the occurrence of the relevant fact. Art. 5 The consortium administrators must take measures to ensure that all members of the ombudsman's office are considered fit in a certification examination organized by an entity of recognized technical capacity. § 1 The certification examination referred to in the caput must cover, at a minimum, topics related to ethics, consumer rights and defense, and conflict mediation, as well as have been held after the date of entry into force of this circular. § 2 The formality provided for in this article must be complied with within a maximum period of two years, counted from the date of entry into force of this circular. § 3 Upon the end of the period set forth in § 2, the designation of the members of the ombudsman's office will be conditioned on proof of fitness in the certification examination referred to in the caput, in addition to the other requirements of this circular. § 4 The consortium administrators are responsible for the periodic updating of the knowledge of the members of the ombudsman's office. Art. 6 The ombudsman's office must maintain an updated control system of complaints received, so that the history of assistance, the identification of consortium members, with all documentation and measures adopted, can be evidenced. Sole paragraph. The information and documentation referred to in the caput must remain at the disposal of the Central Bank of Brazil for a minimum period of five years. Art. 7 The consortium administrators must designate the administrator or director responsible for the ombudsman's office by 30 September 2007. Art. 8 The first report to be prepared in accordance with art. 4, § 4, must relate to the base date of 30 June 2008. Art. 9 The establishment of the ombudsman's office, under the terms set forth in this circular, must be arranged by 31 December 2007. Art. 10 The provisions of this circular do not apply to non-profit associations and civil entities that administer consortium groups. Art. 11 This circular enters into force on the date of its publication. Brasília, 23 August 2007. Alexandre Antonio Tombini Director