Instruction No. 007-05-2015 of May 8, 2015 on the Procedures for Receiving and Processing Client Complaints by Credit Information Bureaus

The Governor of the Central Bank of West African States (BCEAO), Having regard to the Treaty of the West African Monetary Union (UMOA) of January 20, 2007, particularly Article 34; Having regard to the Statutes of the Central Bank of West African States (BCEAO), annexed to the UMOA Treaty of January 20, 2007, particularly Articles 30 and 59; Having regard to the Uniform Act regulating Credit Information Bureaus in UMOA Member States, particularly Articles 28, 41, 44 to 52 and 76, DECIDES

Article 1: Subject Matter
This Instruction aims to specify the procedures for receiving and processing client complaints by Credit Information Bureaus.

Article 2: Reception of Client Complaints
Credit Information Bureaus shall establish a mechanism for receiving and processing client complaints using complaint forms based on the models annexed to this Instruction, which are to be completed as necessary. Credit Information Bureaus, credit institutions, and decentralized financial systems shall make the complaint forms referred to in the first paragraph above available to clients, to be completed in paper or electronic format. Any complaint shall be submitted by the client or their duly authorized representative to the Credit Information Bureau. Avenue Abdoulaye FADIGA BP 3108 – Dakar – Senegal Tel. (221) 33 839 05 00 / Fax. (221) 33 823 93 35 www.bceao.int

INSTRUCTION NO. 007-05-2015 ON THE PROCEDURES FOR RECEIVING AND PROCESSING CLIENT COMPLAINTS BY CREDIT INFORMATION BUREAUS

It may be submitted directly to the Credit Information Bureau or to the credit institution or decentralized financial system with which the client has a relationship, accompanied by documents proving the inaccuracy of the contested information. An acknowledgment of receipt shall be issued to any complainant. Where the complaint is submitted to a credit institution or decentralized financial system, that entity has five days to forward it to the relevant Credit Information Bureau.

Article 3: Processing of Complaints by Credit Information Bureaus
The processing of complaints shall be carried out in accordance with the provisions and time limits set forth in the aforementioned Uniform Act. When complaint processing leads to a modification of information, the relevant Credit Information Bureau shall send all data users who requested a credit report on the client during the six months preceding the date the dispute was raised, a corrected version of said report. A copy of the corrected credit report shall also be transmitted to the client.

Article 4: Information to the Central Bank
Credit Information Bureaus are required to transmit quarterly statistics on client complaints and related responses to the BCEAO, no later than the 10th day of the month following the end of the relevant quarter, using a template communicated by the Central Bank. They shall prepare, within the compliance report submitted to the BCEAO at the end of each year, a statement of processed complaints, particularly those leading to data modification or cancellation.

Article 5: Entry into Force
This Instruction, including its annexes which form an integral part thereof, shall enter into force on the date of its signature. It shall be published wherever necessary. Done in Dakar, on May 8, 2015 Tiémoko Meyliet KONE

ANNEXE
COMPLAINT FORM - NATURAL PERSON
Date (DD/MM/YYYY):
I- IDENTIFICATION OF THE APPLICANT
1. Surname:
2. First Name(s):
3. Date of Birth (DD/MM/YYYY):
4. Place of Birth:
5. Country:
6. Nationality: 7. Profession:
8. Address: 9. Telephone Number:
10. Fax Number:
11. Email:
12. Please specify the Name(s) of data suppliers with whom you are in relation:
II- SUBJECT MATTER OF THE COMPLAINT
13. Please tick the boxes regarding which the complaint is made:
II.2.1. CLIENT INFORMATION Comments
Identification Number □
Surname □
First Name(s) □
Sex □
Date of Birth □
Country of Birth □
Nationality □
Address □
Profession □
Others (please specify) □

II.2. CREDIT INFORMATION Comments
Initial Credit Amount Contracted □
Interest Rate □
Outstanding Credit Balance □
Commissions Paid Amount □
Repayment Frequency □
Periodic Repayment Amount □
Guarantees □
Number of Remaining Installments □
Number of Late Payments Made □
Number of Defaults □
Amount of Defaults □
Other Reason(s) (please specify): □

14. If you are authorized to initiate this complaint, please complete this section and attach a document certifying the authorization
    Surname:
    First Name(s):
    Organization: Identity Document Number:
    Position: Telephone Number:
    Address: Email:
    Applicant's Signature:
    Section Reserved for the Credit Information Bureau
    Date of File Receipt (DD/MM/YYYY):
    Supporting Documents: □ yes □ no
    Date of Transmission to Data Supplier (DD/MM/YYYY):
    Date of Receipt of Response from Data Supplier (DD/MM/YYYY):
    Action Taken: □ yes □ no
    Information(s) Updated: □ yes □ no
    Specify______
    Date of Response to Client (DD/MM/YYYY):
    Date of File Closure (DD/MM/YYYY):
    Observations on the File

COMPLAINT FORM - LEGAL PERSON
Date (DD/MM/YYYY):
I- IDENTIFICATION OF THE APPLICANT
1. Institution [Name]: 2. Legal Form
3. Date of Creation (DD/MM/YYYY): 4. City of Registration:
5. Commercial Register Number: 6. Tax ID:
7. Registered Office (Address): 8. City: 9. Country:
10. Postal Address: 11. Telephone Number:
12. Fax Number: 13. Email:
II- INFORMATION ON THE APPLICANT'S REPRESENTATIVE
14. Surname: 15. First Name(s): 16. Identity Document Number
17. Position: 18. Organization: 19. Address:
20. Telephone Number: 21. Fax Number: 22. Email:
23. Please specify the Name(s) of data suppliers with whom the institution is in relation:
III- SUBJECT MATTER OF THE COMPLAINT
24. Please tick the boxes regarding which the complaint is made:
III.1. INFORMATION ON THE LEGAL PERSON Comment Institution [Name of Legal Person] □ Registered Office: [Address of Registered Office] □ City □ Country □ Commercial Register Number □ Trade License Number □ City of Registration □ Country □ Corporate Purpose □ Tax ID □ Legal Form □ Date of Creation □ Other Reason(s) (please specify): □

III.2. CREDIT INFORMATION Comments
Initial Credit Amount Contracted □
Interest Rate □
Outstanding Credit Balance □
Commissions Paid Amount □
Repayment Frequency □
Periodic Repayment Amount □
Guarantees □
Number of Remaining Installments □
Number of Late Payments Made □
Number of Defaults □
Amount of Defaults □
Other Reason(s) (please specify): □
Applicant's Signature:
Section Reserved for the Credit Information Bureau
Date of File Receipt (DD/MM/YYYY):
Supporting Documents: □ yes □ no
Date of Transmission to Data Supplier (DD/MM/YYYY):
Date of Receipt of Response from Data Supplier (DD/MM/YYYY):
Action Taken: □ yes □ no
Information(s) Updated: □ yes □ no
Specify______
Date of Response to Client (DD/MM/YYYY):
Date of File Closure (DD/MM/YYYY):
Observations on the File

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