Circular No. 3.729

The Collegiate Board of the Central Bank of Brazil, in a session held on 22 October 2014, based on arts. 9 and 10 of Law No. 4.595, of 31 December 1964, art. 3 of Law No. 4.728, of 14 July 1965, arts. 6 and 7 of Law No. 11.795, of 8 October 2008, and art. 9 of Law No. 12.865, of 9 October 2013,

R E S O L V E S :

Art. 1 The name of the System for the Registration of Complaints, Grievances and Requests for Information (RDR), established by Circular No. 3.289, of 31 August 2005, is changed, and it shall be called the System for the Registration of Citizen Demands (RDR).

Art. 2 The handling of complaints submitted to the Central Bank of Brazil by clients and users of products and services of financial institutions and other institutions authorized to operate by this Authority, including payment institutions and consortium administrators, registered in the RDR, shall henceforth observe the rules contained in this Circular.

Art. 3 For the purposes of this Circular, the following is considered:

• I - complaint registration: the registration made in the RDR arising from a communication of a fact involving any of the institutions mentioned in art. 2;

• 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 that system.

Sole paragraph. The complaint registration is classified as:

• I - regulated: when the registered fact relates to a law or regulation whose supervision competence belongs to the Central Bank of Brazil;

• II - non-regulated: in the other cases.

Art. 4 The complaint and follow-up registrations may be made available to the institutions mentioned in art. 2 on the Central Bank of Brazil's internet page.

Art. 5 From the availability of the complaint registration, the complained-of institution must send a response to the interested party within a period of up to ten business days.

• § 1 The response referred to in the caput of this article must contain a reference, conclusively, to all occurrences addressed in the complaint registration.

• § 2 The response referred to in the caput of this article must be sent by electronic means or by registered mail through the postal service, sent to the address indicated in the client's registration maintained by the complained-of institution or, if the interested party is not a client of the complained-of institution, to the address informed in the RDR.

• § 3 The complained-of institution, concurrently with sending the response to the interested party, must insert into the RDR the documents proving the clarifications provided to the interested party and the report of the measures adopted in the case, accompanied by an electronic file containing a copy of the response sent and its attachments.

Art. 6 In the case of a complaint registration, the institution indicated in the registration may request, through the RDR, until the expiration of the established period and with justification, an extension of the period for sending a response to the interested party.

Sole paragraph. The extension of the period for sending a response to the interested party may be granted, with a note 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 interested party was informed about the reasons for the request, by sending registered mail through the postal service or by electronic means, under penalty of being summarily denied;

• 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, as recognized in a reasoned decision by the competent authority.

Art. 7 From the availability of the follow-up registration, the institution indicated in the registration must, through the RDR and within the period indicated in the registration itself, present the clarifications or measures requested by the Central Bank of Brazil.

• § 1 The institution indicated in the registration may request, through the RDR, until the expiration of the initially established period and with justification, an extension of the period for presenting a response to the follow-up registration.

• § 2 The period for presenting a response to follow-up registrations may be extended more than once, with a note in the RDR.

Art. 8 The institutions mentioned in art. 2 must designate, as the case may be, a director or administrator responsible for handling the demands registered in the RDR.

• § 1 The director or administrator designated in compliance with the caput may perform other functions in the institution, except that related to the administration of third-party resources.

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

Art. 9 The Department of Institutional Relations (Deati) is authorized to disclose on the Central Bank of Brazil's internet page aggregated information from the complaint registrations and an ordered classification of the complained-of institutions.

Art. 10 This Circular enters into force on 2 January 2015, when Circular No. 3.289, of 31 August 2005, is revoked.

Luiz Edson Feltrim Director of Institutional Relations and Citizenship