Normative Instruction BCB No. 265 — Direct Assessment of Ombudsman Service Quality and Information Storage

CIRCULAR NO.

NORMATIVE INSTRUCTION BCB NO. 265, OF MARCH 31, 2022

Provides for the direct assessment of the quality of service provided by the organizational component of the ombudsman to clients and users and for the transmission of this information to the Central Bank of Brazil.

The Head of the Institutional Service Department (Deati), using the authority granted by Art. 23, item I, letter 'a' of the Internal Regulations of the Central Bank of Brazil, annexed to Ordinance No. 84,287, of February 27, 2015, and based on the provisions of Art. 21 of CMN Resolution No. 4,860, of October 23, 2020,

RESOLVES:

Art. 1. Commercial banks, multiple banks, investment banks, savings banks, and credit, financing, and investment companies must implement the instrument for direct assessment of the quality of service provided by the organizational component of the ombudsman to clients and users, as set forth in Arts. 16 to 18 of CMN Resolution No. 4,860, of October 23, 2020.

§ 1. The assessment mentioned in the main text must include, at a minimum, the following content:

I - item 1 - "on a scale of 1 to 5, where 1 is the lowest satisfaction level and 5 is the highest satisfaction level, rate the solution presented by the ombudsman for your demand"; and

II - item 2 - "on a scale of 1 to 5, where 1 is the lowest satisfaction level and 5 is the highest satisfaction level, rate the quality of the service provided by the ombudsman".

§ 2. The eventual inclusion of other criteria in the assessment process must be presented to clients or users after items 1 and 2 described in § 1. (Amended by Normative Instruction BCB No. 550, of 11/14/2024.)

Art. 2. The institutions referred to in Art. 1 must store the following information regarding each conclusive response provided by the ombudsman: (Amended by Normative Instruction BCB No. 550, of 11/14/2024.)

I - CNPJ (Corporate Taxpayer Registry Number) of the financial institution; (Amended by Normative Instruction BCB No. 550, of 11/14/2024.)

II - CPF (Individual Taxpayer Registry Number) or CNPJ of the client or user; (Amended by Normative Instruction BCB No. 550, of 11/14/2024.)

III - date and time of sending the ombudsman's response; (Amended by Normative Instruction BCB No. 550, of 11/14/2024.)

IV - ombudsman response channel; (Amended by Normative Instruction BCB No. 550, of 11/14/2024.)

V - date and time of making the assessment available to the client or user; (Amended by Normative Instruction BCB No. 550, of 11/14/2024.)

VI - date and time of the assessment performed by the client or user; (Amended by Normative Instruction BCB No. 550, of 11/14/2024.)

VII - assessment response channel; (Amended by Normative Instruction BCB No. 550, of 11/14/2024.)

VIII - score for item 1 of the assessment; and (Amended by Normative Instruction BCB No. 550, of 11/14/2024.)

IX - score for item 2 of the assessment. (Amended by Normative Instruction BCB No. 550, of 11/14/2024.)

Art. 3. (Revoked by Normative Instruction BCB No. 550, of 11/14/2024.)

Art. 4. (Revoked by Normative Instruction BCB No. 550, of 11/14/2024.)

Art. 5. The obligation to store the information referred to in Art. 2 does not apply to institutions not subject to the obligation to establish an ombudsman, as they do not fall under the circumstances set forth in Art. 2 of CMN Resolution No. 4,860, of 2020. (Amended by Normative Instruction BCB No. 550, of 11/14/2024.)

Art. 6. The following are revoked:

I - Circular Letter No. 3,880, of May 11, 2018; and

II - Circular Letter No. 3,945, of April 12, 2019.

Art. 7. This Normative Instruction enters into force on May 1, 2022.

Carlos Eduardo Rodrigues da Cunha Gomes

NOTE

Decree No. 10,139, of November 28, 2019, establishes the obligation for federal government direct, autarchic, and foundational agencies to review and consolidate normative acts issued within the scope of their respective competencies. This measure aims to review, update, simplify, and consolidate normative acts, in order to rationalize the regulatory stock.

2. Based on Art. 7 of the aforementioned Decree, this Normative Instruction aims to update and consolidate the provisions of Circular Letters No. 3,880, of May 11, 2018, and No. 3,945, of April 12, 2019, which will be revoked. The new normative act does not alter the substance of the provisions of the aforementioned Circular Letters, but only updates the regulatory provisions to make them consistent with CMN Resolution No. 4,860, of October 23, 2020, which, in turn, also consolidated previously effective normative provisions (Resolutions No. 4,433, of July 23, 2015, and No. 4,629, of January 25, 2018), without altering the substance of the provisions.

3. Decree No. 10,411, of June 30, 2020, determines, in its Art. 3, that the issuance, alteration, or revocation of normative acts of general interest to economic agents or users of services provided by federal government direct, autarchic, and foundational agencies must be preceded by a regulatory impact analysis (RIA).

4. However, this same Decree lists, in the items of the main text of its Art. 4, normative acts exempt from the aforementioned obligation, among which we highlight "normative act that aims to update or revoke norms considered obsolete, without alteration of merit" (item IV of said article).

5. Therefore, having in mind to strictly provide for the revocation of norms considered obsolete, the exemption from RIA applies to the normative instruction currently proposed.

Carlos Eduardo Rodrigues da Cunha Gomes
Head of the Institutional Service Department