Notice No. 10/GBM/2020, of December 31 – Regulation for the Exercise of Banking Agent Activity

SUMÁRIO
A V I S O
The matter to be published in the «Boletim da República» must be submitted as a duly authenticated copy, one for each subject matter, containing the necessary indications for this purpose, namely the following endorsement, signed and authenticated: For publication in the «Boletim da República». IMPRENSA NACIONAL DE MOÇAMBIQUE, E. P. 9th SUPPLEMENT Bank of Mozambique:
Notice No. 8/GBM/2020:
Establishes the granting of Credit by Microcredit Operators and Savings and Loan Associations.
Notice No. 9/GBM/2020:
Approves the Complaints Handling Regulation and revokes Notice No. 4/GBM/2009, of May 4.
Notice No. 10/GBM/2020:
Approves the Regulation for the Exercise of Banking Agent Activity and revokes Notice No. 3/GBM/2015, of May 4.
Thursday, December 31, 2020 I SERIES — Number 250 BANCO DE MOÇAMBIQUE Notice No. 8/GBM/2020 of December 31 Given the need to establish terms and limits for credit granting operations by microcredit operators and savings and loan associations, the Bank of Mozambique, using the powers conferred upon it by paragraph 3 of Article 57 and Article 58 of the Microfinance Regulation, approved by Decree No. 57/2004, of December 10, determines:
ARTICLE 1
Object
This Notice establishes the terms and limits for credit granting operations by microcredit operators and savings and loan associations.
ARTICLE 2
Scope of Application
This Notice applies to microcredit operators and savings and loan associations.
ARTICLE 3
Terms and Limits for Credit Granting Operations

1. Microcredit operators and savings and loan associations may only grant credit through disbursement.
2. In carrying out credit granting operations, microcredit operators and savings and loan associations are prohibited from incurring obligations by endorsement, including the granting of guarantees, sureties, and other commitments, on behalf of their clients.
   ARTICLE 4
   Sanctioning Regime
   Violation of the provisions of this Notice is punishable under Law No. 15/99, of November 1, as amended by Law No. 9/2004, of July 21.
   ARTICLE 5
   Entry into Force
   This Notice enters into force on the date of its publication.
   ARTICLE 6
   Clarification of Doubts
   Doubts arising from the interpretation and application of this Notice must be submitted to the Regulation and Licensing Department of the Bank of Mozambique.
   Maputo, December 7, 2020. – The Governor, Rogério Lucas Zandamela.

Notice No. 9/GBM/2020 of December 31
Given the need to continuously improve the internal conflict resolution mechanism through complaint analysis, and to promote good relations between financial consumers and financial institutions, the Bank of Mozambique, using the powers conferred by paragraph d) of paragraph 2 of Article 37 of Law No. 1/92, of January 3 – Organic Law of the Bank of Mozambique –, combined with paragraph 2 of Article 23 of Law No. 26/2014, of September 23 – Law establishing the right to present complaints, petitions, and claims before the competent authority –, determines:

1. The Complaints Handling Regulation is approved, which constitutes an annex to this Notice and forms an integral part thereof.
2. Notice No. 4/GBM/2009, of March 4 – Regulation of complaint reception, information requests, and suggestions services – published in the Boletim da República No. 9, of March 4, is revoked.
3. This Notice enters into force on the date of its publication.
   Doubts arising from the interpretation and application of this Notice must be submitted to the Behavioral Supervision Department of the Bank of Mozambique.
   Maputo, December 17, 2020. – The Governor, Rogério Lucas Zandamela.

Complaints Handling Regulation
CHAPTER I
General Provisions
ARTICLE 1
Object
This Regulation establishes:
a) The rules and procedures for the presentation and handling of complaints by financial consumers in credit institutions, finance companies, and other entities subject to the supervision or monitoring of the Bank of Mozambique; and b) The rules and procedures for the presentation and handling of complaints by financial consumers against credit institutions, finance companies, and other entities before the Bank of Mozambique.
ARTICLE 2
Scope of Application
This Regulation applies to credit institutions, finance companies, and other entities subject to the supervision or monitoring of the Bank of Mozambique, hereinafter referred to as "institutions".
ARTICLE 3
Definitions
For the purposes of this Regulation, the following are understood:
a) Financial consumer: the person who uses or intends to use any financial product and service made available or marketed by credit institutions and finance companies; b) Institutions: credit institutions, finance companies, and other entities subject to the supervision or monitoring of the Bank of Mozambique, under applicable legislation; c) Respondent institutions: institutions against which complaints have been filed before the Bank of Mozambique; d) Complaints book: the physical, electronic, or alternative medium for recording financial consumers' complaints at institutions; e) Complaint: the expression of dissatisfaction or disagreement, oral or written, presented by a financial consumer against an institution or its agents regarding the disclosure, availability, or marketing of financial products and services, their conduct, or complaints handling; f) Complainant: the individual or legal entity that presents a complaint against an institution; and g) Complaints handling: the set of procedures adopted by institutions characterized by reception, registration, analysis, complaint management, promotion of necessary actions, communication of the response to the complainant, as well as the correction of irregularities.
ARTICLE 4
Principles
In handling complaints, institutions must, among others, observe the following principles:
a) Speed, effectiveness, and efficiency: institutions must handle complaints promptly, effectively, and efficiently, observing the established deadlines for this purpose; b) Clarity: institutions must communicate with complainants using clear and easily understandable language; c) Free of charge: complaints handling must not entail costs or any charges for the complainant; and d) Reviewability of acts: complaints handling by respondent institutions does not prejudice the right of financial consumers to appeal to other competent entities for conflict resolution, namely courts.
CHAPTER II
Complaints Handling at Institutions
SECTION I
Organization and complaints policies at institutions
ARTICLE 5
Complaints handling service

1. Institutions must have a complaints handling service endowed with autonomy relative to business areas.
2. Institutions must ensure the necessary means for the operation of the complaints handling service, namely materials, technical and human resources possessing adequate technical competence and professional qualification, and observing procedures to guarantee speed, efficiency, and effectiveness in complaints handling.
3. Institutions must periodically promote training actions for personnel responsible for complaints handling, namely regarding complaints management procedures, respect for complainants' interests, bank secrecy, the legal framework on financial consumer protection in the country, as well as the preparation of monthly reports.
4. Institutions must ensure that services have competence to handle and carry out necessary actions for complaint resolution impartially and free from pressures, orders, orientations, or influences of institutions or entities contrary to applicable legal and regulatory rules.
5. Institutions must communicate in writing to the Bank of Mozambique the name and functions of the head of the complaints handling service, as well as any changes, within 5 calendar days from the date of approval.
   ARTICLE 6
   Internal complaints management policies and procedures
6. Institutions must establish, implement, and maintain clear and updated policies and procedures regarding financial consumer reception, including complaints handling, which must be approved by the board of directors or equivalent body and disseminated among their staff.
7. Complaints handling policies and procedures must, among other aspects, guarantee:
   a) The adequacy of human, material, technological, and organizational means, considering the market segment, nature, and size of the institution and its establishments; b) The observance of the principles defined in Article 4; c) The methods and channels for presenting complaints; d) The phases and deadlines for handling complaints; e) The maintenance of a control and filing system for complaints; and f) The preparation of statistical information on complaints, which must be reported monthly to the board of directors or equivalent body for internal control purposes.
8. Institutions must adopt adequate complaints management measures, namely:
   a) Evaluating complaints fairly, consistently, and promptly; b) Analyzing and identifying individual and common causes of complaints; c) Assessing whether the said causes may also affect other processes or financial products and services; and d) Identifying and correcting and/or resolving the said causes and any recurrent or systemic problems that originate complaints, as well as improving policies, procedures, conduct, and claimed financial products and services.
   SECTION II
   General procedures for the presentation and handling of complaints at institutions
   ARTICLE 7
   Duty to inform about procedures and complaint status
9. Institutions must, prior to making financial products and services available or marketed, ensure that financial consumers are duly informed about the need to present their complaints after verifying or suspecting irregularities, as well as the procedures, methods, and channels for presenting complaints.
10. Respondent institutions must, whenever requested by complainants, provide information on the status of their complaints handling.
    ARTICLE 8
    Obligation and format of the complaints book
11. Institutions must:
    a) Possess and make available, in all their branches or other forms of representation, physical or electronic complaints books in the model approved by themselves. b) Provide immediately and free of charge to the financial consumer the complaints book whenever requested; c) Display in their branches or other forms of representation, in a highly visible location with characters easily legible by the financial consumer, a sign stating: "This establishment has a complaints book"; and d) Maintain, for a minimum period of 5 years, an organized archive of all closed complaints and make available all elements that the Bank of Mozambique may request during inspections it conducts.
12. Institutions must not require financial consumers to present complaints only in a specific format, leaving it to them to freely choose the physical or electronic format for presenting their complaint.
13. Complaints presented in electronic or other alternative formats must be trackable and available for the Bank of Mozambique's supervision purposes.
14. A complaint presented in electronic format has the same validity as a complaint presented in physical format.
    ARTICLE 9
    Requirements of the complaints form in the complaints book
15. The complaint must be presented by completing the complaints form in the complaints book, which must contain, at least, the following mandatory fields:
    a) Complainant identification, containing, at minimum, the following elements:
    i) Full name; ii) Civil identification; iii) Nationality; iv) Address; and v) Complainant contact. b) Respondent institution identification, containing, at minimum, the following elements:
    i) Name/Title, ii) Branch or other form of representation; and iii) Institution location. c) Content of the complaint; d) Date and time of complaint presentation; and e) Complainant's signature.
16. The physical complaints book must contain, at minimum, the following elements:
    a) Opening and closing terms; b) Numbering and initials on respective pages; c) Institution name; and d) Name of the branch to which it belongs.
17. Institutions must open a new physical book in case of closure, loss, or misplacement of the previous book, and must also communicate this fact, justifiedly and in writing, to the Bank of Mozambique within 5 calendar days.
18. The form must be drafted in Portuguese, clearly and objectively, with characters of a font equivalent to a minimum size of 12 Times New Roman, allowing easy reading by a reader with average visual capacity.
19. The form must mention the complainant's right to appeal to the Bank of Mozambique or other competent conflict resolution bodies in Mozambique.
    ARTICLE 10
    Completion of the complaints form
20. When presenting a complaint, respondent institutions must ensure that financial consumers correctly and completely complete the following reserved fields of the form:
    a) Identification, address, and contact of the complainant; b) Date and time of the occurrence; c) Facts motivating the complaint; and d) Date of the complaint and complainant's signature.
21. After completing the form, respondent institutions must hand over a duplicate or send by e-mail or other means a copy to the complainant with an acknowledgment of receipt, as well as retain and conserve the original visible copy for the Bank of Mozambique's supervision purposes.
22. When financial consumers cannot read, write, or are unable to complete the complaints form, respondent institutions must, at the time of complaint presentation, complete it on their behalf, according to the description provided by them.
    ARTICLE 11
    Methods and channels for presenting complaints
23. Financial consumers may present complaints against institutions, verbally or in writing, at their branches or other forms of representation, through physical or electronic forms, and may also present them via e-mail, a form available on the institution's website, telephone, and any other channel acceptable by institutions.
24. Complaints presented verbally, whether by telephone or in person, must be recorded or reduced to writing, respectively, and must also be handled and available for verification by the Bank of Mozambique, according to the rules and procedures established in this Regulation.
25. Institutions must publish their addresses and contact numbers for presenting complaints, which must allow free, direct, prompt, and easy access by financial consumers.
    ARTICLE 12
    Deadlines for handling complaints
26. A respondent institution established in Mozambique must handle the complaint and respond to complainants within 30 calendar days, counted from the date of receipt, extendable, justifiedly, by an additional 10 calendar days.
27. If the handling and response to a complaint by the respondent institution depends on the intervention and actions of another institution established in Mozambique, this must, within the scope of the duty of cooperation and under applicable law, attend to the request of the respondent institution, investigate, and provide information related to specific transactions or services, within 30 calendar days, counted from the date of receipt of said request.
28. If the handling and response to a complaint by the respondent institution depends on the intervention and actions of institutions established outside Mozambique, the respondent institution must handle the complaint and respond to complainants within 120 calendar days, counted from the date of receipt, extendable, justifiedly, by an additional 10 calendar days.
29. The extension provided in the preceding paragraphs is considered justified when the complaint under analysis requires complementary evidentiary actions or cases of force majeure occur, under general law principles, and the respondent institution has previously communicated the grounds to the complainant.
30. Respondent institutions are prohibited from using, promoting, or requesting extensions, means, or expedients that are illegal or dilatory, useless, or prejudicial to the correct application of law or regulation, discovery of truth, resolution of the complaint, or compliance with recommendations, specific determinations, notifications, and deadlines.
    ARTICLE 13
    Duty to investigate and regularize complaints
31. Respondent institutions must analyze, investigate, and carry out necessary actions and inquiries to resolve the complaint, with competence, professionalism, transparency, and impartiality.
32. Respondent institutions must also regularize the claimed situation of non-compliance with rules, incorrect or unauthorized banking transactions, unsolicited or authorized but unexecuted or defectively executed financial products and services, technical or operational errors, or other irregularities attributable to them.
33. For the purposes of this Regulation, the regularization referred to in the preceding paragraph consists in correcting the detected irregularity, namely:
    a) Restoring the previous situation of the complainant, whether regarding values or other interests unduly affected; b) Re-providing financial products and rendering financial services, without payment of commissions or any charges for the financial consumer; and c) Providing adequate explanations, information, and assistance, as well as necessary documents to correct non-compliance with rules, irregularities, errors, or detected anomalous situations.
34. For handling the complaint, the respondent institution must, whenever required by the Bank of Mozambique, provide all information and supporting elements related to complaints, including among others clear video images of transactions made by the complainant, journals and reports from automated teller machines (ATMs), as well as an investigation or specific audit report, known and signed by a board of directors member or equivalent competent body representative.
35. The investigation report referred to in the preceding paragraph must, at minimum, consist of the following elements, without prejudice to the inclusion of other elements that the respondent institution considers relevant for clarifying the complaint:
    a) Introduction; containing a brief indication of the internal decision or dispatch determining the investigation and the central object of the complaint, including the complainant's request; b) Investigation results; where performed actions, established facts, obtained evidence, and detected irregularities are described, as well as their respective causes; c) Conclusions; the synthesis of the analysis regarding investigation results; and d) Recommendations; if applicable, where measures implemented to correct detected irregularities or regularize the claimed situation and avoid similar occurrences are indicated, as well as improvements to internal institutional procedures.
36. The report must also contain the reference number, the subject heading, the date of preparation, the full name, function, and signature of the persons responsible for the investigation.
37. For the purposes of paragraph 4 and verification by the Bank of Mozambique, institutions must archive and maintain in good conservation condition video images of transactions made by the complainant for a period of 1 year, counted from the date of said transactions.
38. Institutions must not charge financial consumers commissions or charges of any nature for presenting and handling complaints, conducting investigations, performing actions, providing information, and identifying irregularities.
    ARTICLE 14
    Duty of cooperation
39. Respondent and involved institutions in claimed transactions must cooperate with each other in investigating and correcting detected irregular conduct or non-compliance with rules, under applicable law.
40. Institutions must, in general complaints and those resulting from indications of crimes against their payment instruments and channels, and in their special interest in handling complaints, monitor and provide full cooperation to competent criminal investigation and conflict resolution entities for the discovery of truth, under applicable law.
41. Institutions must provide information to the Bank of Mozambique on the outcome of investigations and conflict resolution referred to in the preceding paragraph, within 10 calendar days, counted from the date of receipt of notification by the competent criminal investigation and conflict resolution entity.
    ARTICLE 15
    Duty to respond to the complainant
42. Respondent institutions must communicate, in writing, to complainants the results of handling their complaints, in Portuguese, using simple and clear language.
43. Responses to complaints must contain, at minimum, the following elements:
    a) The reference number and date of complaint presentation; b) The claimed subject matter; c) Investigation results; d) The decision and its respective reasoning, when unfavorable; and e) Information to the financial consumer regarding their right to appeal to the Bank of Mozambique or courts and other entities for conflict resolution.
    CHAPTER III
    General procedures for presenting and handling complaints at the Bank of Mozambique
    ARTICLE 16
    Conditions for presenting a complaint
    Complainants may only present their complaints against institutions at the Bank of Mozambique in the following cases:
    a) When they disagree with the handling given by respondent institutions to their complaints, in which case they must attach, when applicable,