Instruction No. 02/2019 of January 3, 2019 - Subject: Financial System - Duty to Provide Information to Clients Regarding the Deposit Guarantee Fund

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INSTRUCTION NO. 02/2019 of January 3, 2019
SUBJECT: FINANCIAL SYSTEM

• Duty to Provide Information to Clients Regarding the Deposit Guarantee Fund

Whereas it is necessary to define the information duties that Banking Financial Institutions must provide to clients regarding the function and importance of the Deposit Guarantee Fund, within the deposit protection system, particularly concerning the coverage amount and maximum reimbursement period for their deposits, in accordance with Presidential Decree No. 195/18 of August 22, regarding the Deposit Guarantee Fund; In exercise of the competence conferred upon me under the combined provisions of Circular No. 13/2016 of September 5, regarding General Information Duties for Deposit Products, Article No. 69 of Law No. 12/15 of June 17, the Basic Law on Financial Institutions, and item f) of paragraph 1 of Article 21.º and Article 51.º, both of Law No. 16/10 of July 15 – the Law on the National Bank of Angola; I DETERMINE:

1. Subject Matter
   This Instruction establishes the rules related to the duty to provide information to clients regarding the existence of the Deposit Guarantee Fund, by Banking Financial Institutions.

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2. Scope
This Instruction applies to Banking Financial Institutions under the supervision of the National Bank of Angola, hereinafter designated as Participating Institutions to the Fund.
3. Duty to Provide Information
3.1. Participating Institutions must provide information to clients regarding the existence of the Deposit Guarantee Fund in a visible, complete, true, current, and unambiguous manner, expressed in clear and objective language.
3.2. For the purposes of transparency of the Deposit Guarantee Fund, the information referred to in the preceding point must be provided to clients before contract execution, at the time of its execution, and during its validity.
3.3. Participating Institutions must maintain, in an organized manner, information regarding the Deposit Guarantee Fund at all counters and public service locations, in a highly visible and directly accessible place, via an easy and direct consultation device, including publication through electronic resources and media.
3.4. Participating Institutions must make available in a complete and updated manner, the characteristics of the Deposit Guarantee Fund, if changes occur, on their websites (web pages), in a highly visible location, directly accessible and easily identifiable, without the need for prior notice by interested parties.
3.5. Whenever Participating Institutions provide services involving deposits and other refundable funds through third parties, they must make available to their clients information regarding the Deposit Guarantee Fund, observing the requirements established in the preceding items.

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4. Minimum Information
The information referred to in number 3 of this Instruction must contain, at minimum, the following elements:
a) Identification of the Deposit Guarantee Fund; b) Scope of deposit coverage; and, c) Maximum reimbursement period for deposits.
5. Other Information Duties
The disclosure of information regarding the Deposit Guarantee Fund does not exempt Participating Institutions from complying with other information duties to their clients, established in Circular No. 13/2016 of September 5, regarding General Information Duties for Deposit Products or in complementary regulation.
6. Transitional Provision
Participating Institutions must comply with the provisions of this Instruction within 90 (ninety) days, counting from the date of its entry into force.
7. Non-Compliance
Failure to comply with the provisions of this Instruction constitutes an offense provided for and punishable under Law No. 12/15 of June 17, the Basic Law on Financial Institutions.
8. Doubts and Omissions
Doubts and omissions resulting from the interpretation and application of this Instruction are resolved by the National Bank of Angola.

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9. Entry into Force
This Instruction enters into force on the date of its publication.
PUBLISH
Luanda, January 3, 2019
THE GOVERNOR
JOSÉ DE LIMA MASSANO