Rule · SBS · 25 Oct 2012 · Resolución SBS 8181-2012

Resolution SBS 8181-2012: Regulation on Transparency of Information and Contracting with Users of the Financial System

Companies must express interest rates in effective annual form (360-day year) and prohibit unilateral adjustments or charges for essential services. They must disseminate clear tariffs via lists, brochures, ATMs, and websites, displaying TCEA/TREA, commissions, and taxes. Brochures require specific TCEA examples for installment and revolving systems, while ATMs must show exact charges before execution. Staff must explain rates, and promotional conditions remain binding. Passive products cannot be labeled "free" if charges apply.

PeruSuperintendencia de Banca Seguros y AFP
Annotations and obligations
371 obligations · 33 permissions · 164 definitions · 5 reporting items
  • Obligation 371
  • Permission 33
  • Definition / condition 164
  • Reporting template 5
  • background, boilerplate

Lineage: In force

Regulation No. 001-2009-JUS of …Regulation No. 001-2009-JUS of 2009Resolution SBS No. 1765-2005: R…2005Resolution SBS No. 1765-2005: Regulation on Information Transparency and Provisions Applicable to Contracting with Users of the Financial System (2005-11-29)SBS Resolution No. 2996-2010: F…2010SBS Resolution No. 2996-2010: Framework Regulation for the Marketing of Insurance Products (2010-03-25)SBS Resolution N° 2108-2011: Es…2011SBS Resolution N° 2108-2011: Establishes Basic Savings Account Characteristics for Greater Financial Inclusion, Modifies Money Laundering and Terrorist Financing Norms and Regulations Approved by Resolutions S (2011-02-16)Resolution SBS 8181-2012:Regulation on Transparency of…2012-10-25 · this documentResolution SBS 8181-2012: Regulation on Transparency of Information and Contracting with Users of the Financial System (2012-10-25)Resolution SBS No. 6523-2013: A…2013Resolution SBS No. 6523-2013: Approves the Credit and Debit Card Regulations (2013-10-30)Resolution SBS No. 1121-2017: R…2017Resolution SBS No. 1121-2017: Regulation on the Marketing of Insurance Products (effective from 30.04.2017) (2017-03-15)Resolution SBS No. 3274-2017: A…2017Resolution SBS No. 3274-2017: Approves Market Conduct Management Regulation for the Financial System and amends the Accounting Manual and Credit and Debit Card Regulations (2017-08-18)Resolution SBS No. 3274-2017: A…2017Resolution SBS No. 3274-2017: Approves the Market Conduct Management Regulation for the Financial System (2017-08-18)
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What changed in the obligations

Against Resolution SBS No. 1765-2005: Regulation on Information Transparency and Provisions Applicable to Contracting with Users of the Financial System (2005-11-29)

124 new obligations · 14 changed obligations · 1 amount or limit changed · 6 deadlines changed · 21 changes of scope · 111 not carried over

196 obligations are the same in both texts.

Changed (42)
  • Scope
    Before
    Companies must be fully transparent in the dissemination, application, and modification of interest rates, commissions, expenses, and any other tariff associated with the active and passive operations they carry out, as well as the services they provide.
    Now
    Companies must be fully transparent in the dissemination, application and modification of contractual conditions, compensatory interest rates, default interest rates or penalties applicable in case of default, commissions and expenses associated with the active and passive operations they carry out, as well as to the services they provide, as applicable.
  • Scope
    Before
    When informational brochures are used to disseminate active and passive operations and services, such brochures must contain updated information on the characteristics of the operation and/or service, as well as on interest rates, commissions, and expenses, if applicable.
    Now
    c. Quantitative informational brochures.- when informational brochures are used to promote an active or passive product, incorporating quantitative information regarding interest rates and/or amounts of the credit or deposit, or the monthly installment that would be applicable, as applicable, said brochures must contain updated information on the characteristics of the product, as well as on the …
  • What must be done
    Before
    For active operations concluded under the installment system, they must include the applicable effective annual cost rate for the example; additionally, in such brochures, all charges at the client's account in the event of non-compliance with their obligations must be indicated, including default interest and other applicable charges.
    Now
    c. Quantitative informational brochures.- when informational brochures are used to promote an active or passive product, incorporating quantitative information regarding interest rates and/or amounts of the credit or deposit, or the monthly installment that would be applicable, as applicable, said … i. For active operations celebrated under the installment system, an explanatory example must be p…
  • Scope
    Before
    In case of modification of these concepts, the update date must be incorporated into the documents exhibited by the company, both in its customer service offices and on its Website.
    Now
    In case of modification, the update date must be incorporated into the documents exhibited by the company.
  • Scope
    Before
    This information must be presented in all information supports other than the rate sheets that companies make available to users.
    Now
    This information must be additionally presented in other media considered by the company.
  • Scope
    Before
    The Summary Sheet shows the detail of compensatory and default interest rates, commissions, and expenses that will be at the client's account and summarizes some of the obligations undertaken by the client and/or by the company that are relevant for both parties.
    Now
    Regarding active operations, a summary sheet showing the compensatory interest rate, the delinquent interest rate or penalty applicable in case of non-compliance as appropriate, commissions and expenses that will be borne by the client, and summarizing some of the obligations undertaken by the client and/or by the company that are relevant to both parties, will be provided to the user as part of …
  • Scope
    Before
    After reading the document and resolving any doubts, the parties will sign the Summary Sheet in duplicate, with one copy remaining in the possession of the company as proof of compliance with its delivery to the client.
    Now
    The parties will sign the contract, including the summary sheet, in duplicate, with one copy remaining in the possession of the company as proof of its delivery to the client, except in those cases where contracting is carried out by means other than written, in which case the procedure will be in accordance with what is stated in Article 41 of the Regulation.
  • Amount or limit
    Before
    The Summary Sheet must contain the following information: When it is not possible to know the amount of the line or credit at the time of contract signing, the Summary Sheet must indicate the minimum amount to which the client could access, stating that the amount effectively approved will be communicated at the time of delivering the credit card or disbursing the credit.
    Now
    The summary sheet must contain the following information: When it is not possible to know the amount of the line or credit at the time of signing the contract, it must be indicated in the Summary Sheet that the amount effectively approved will be communicated at the time of delivering the credit card or disbursing the credit.
  • Scope
    Before
    The Summary Sheet must contain the following information: d) The default interest rate.
    Now
    The summary sheet must contain the following information: d. The effective annual delinquent interest rate or penalty applicable in case of non-compliance.
  • Scope
    Before
    i) All benefits agreed for the payment of the credit on time.
    Now
    k. All benefits agreed upon for the punctual payment of the credit or in advance.
  • Deadline
    Before
    Such schedule must indicate that it is a preliminary document that will be replaced by the final document after payment dates are determined; it must be signed by the user upon receipt.
    Now
    Such schedule must indicate that it is a preliminary document that will be replaced by the final document, within a period not exceeding thirty (30) days from the delivery of the preliminary version.
  • What must be done
    Before
    In the cases described in the previous paragraph, the user may opt for personal delivery of the schedule or for sending it via physical means or through the electronic route, a document substantiating such choice must exist.
    Now
    In the cases described in the previous paragraph, the user may opt for the personal delivery of the schedule or for its sending by physical or electronic means, with a record of such choice and the delivery of the definitive schedule according to the terms requested by the user.
  • What must be done
    Before
    When a variable interest rate has been agreed, the schedule must be prepared taking as reference the value that said rate has in the market at the moment the contract is signed, indicating that each installment will be recalculated for each payment date based on the value of the variable rate on such date.
    Now
    When a variable interest rate has been agreed upon, the schedule must be prepared taking as reference the value that such rate has in the market at the moment the contract is signed.
  • Scope
    Before
    After reading the document and resolving any doubts, the parties will sign the Information Booklet in duplicate, with one copy remaining in the possession of the company as proof of compliance with its delivery to the client.
    Now
    The parties will sign the contract, including the information booklet, in duplicate, with one copy remaining in the possession of the company as proof of its delivery to the client, except in those cases where contracting is carried out by means other than written, in which case the procedure will be in accordance with what is stated in Article 41 of the Regulation.
  • What must be done
    Before
    The Information Brochure shall contain the following details: c) The total amount of interest to be paid, for time deposits, when applicable.
    Now
    The information booklet must contain the following detail: c. The total amount of interest to be paid and the timing at which the client can dispose of them, for time deposits, when applicable.
  • What must be done
    Before
    The Information Brochure shall contain the following details: d) The cut-off dates for the crediting of interest, as well as the mechanism by which payment will be made.
    Now
    The information booklet must contain the following detail: d. The cutoff dates for the crediting of interest.
  • Scope
    Before
    The Information Brochure shall contain the following details: f) The amount and detail of any commission or expense that is passed on to the client, if any.
    Now
    The information booklet must contain the following detail: e. The amount and detail of any commission and/or expense transferred to the client, if any, including charges associated with that active or passive product that the user maintains with the company and from which a charge or debit of a specific amount must necessarily be made for the purpose of depositing it into the product that is the …
  • What must be done
    Before
    The Information Brochure shall contain the following details: e) The maturity date of the deposit, if applicable.
    Now
    The information booklet must contain the following detail: j. The maturity date of the deposit, and if upon maturity the deposit is automatically renewed, if applicable.
  • What must be done
    Before
    Companies that offer users insurance associated with active operations, such as credit life insurance, damage insurance to protect assets received as collateral, fraud insurance, as well as any other type of individual or collective insurance associated with the active operations they perform, must… By virtue of the endorsement, the company may agree with the user that the payment of the insuranc…
    Now
    By virtue of the endorsement, the company may agree with the user that the payment of the insurance premium be added to the payment of the periodic installments previously agreed upon for the credit or be debited from a passive product.
  • Scope
    Before
    The Information Brochure shall contain the following details: h) The rate and amount of taxes that will be applied to the operation, if applicable.
    Now
    22.1 Users have the right to make payments above the required installment in the period, considering for such effect the following: c. It must be informed, at the time of carrying out the operation, of the amount applicable for the concept of taxes.
  • Scope
    Before
    Unilateral modifications regarding interest rates, commissions, expenses, and other contractual stipulations will only proceed to the extent that they have been previously agreed upon by the parties.
    Now
    Unilateral modifications referred to: i) interest rates for contracts other than fixed-term credits or fixed-term deposits, ii) commissions, iii) expenses; and, iv) other contractual stipulations other than the increase of the credit line, will only proceed insofar as they have been previously agreed by the parties and communicated within the deadlines and through the means indicated in the follo…
  • Scope
    Before
    Companies must inform their clients of the modification of interest rates in advance when it concerns increases in the case of active operations and when it concerns reductions in the case of passive operations.
    Now
    Companies must inform their clients of the modification of interest rates in contracts other than fixed-term credits or fixed-term deposits, in advance when it comes to increases in the case of active operations and reductions in the case of passive operations.
  • Deadline
    Before
    The respective communication must be made with an advance of no less than fifteen (15) calendar days, indicating the date or moment from which the modification will enter into force.
    Now
    The respective communication must be made with an advance of no less than forty-five (45) days indicating the date or moment, from which, the modification will enter into force.
  • Scope
    Before
    In specific cases of renewal or automatic extension of time deposits, companies must previously communicate any variation of the conditions previously agreed upon, if these entail a detriment to the client.
    Now
    In fixed-term credit or fixed-term deposit contracts, the modification of the agreed interest rate may only proceed in the following cases: Companies must previously communicate any variation of the agreed conditions, if they imply a detriment to the client, through the mechanisms indicated in literal b. of article 29th of the Regulation.
  • Deadline
    Before
    The respective communication must be made with an advance of no less than thirty (30) calendar days, indicating the date or moment from which the modification will enter into force.
    Now
    The communication must be made with an advance of no less than forty-five (45) days, indicating the date or moment, from which, the modification will enter into force.
  • Deadline
    Before
    When modifications in interest rates, commissions, expenses, and other contractual stipulations modify what was informed in the payment schedule, it must be recalculated and sent to the client, along with the prior notice of the corresponding modifications, within the period of fifteen (15) calendar days for modifications included in Articles 21 and 22 of this Regulation, or in the period of thir…
    Now
    When contractual modifications vary what was informed in the payment schedule, it must be recalculated and sent to the client, along with the prior notice of the modifications, with an advance of no less than forty-five (45) days.
  • What must be done
    Before
    When modifications in interest rates, commissions, or expenses modify the effective annual yield rate and/or the minimum balance for yield contained in the information brochure, companies must inform their clients of this modification through their web page and customer service offices.
    Now
    When contractual modifications vary the TREA and/or the minimum balance to obtain yield, contained in the information sheet, the aforementioned rate and/or minimum balance must be recalculated and sent to the client, along with the prior notice of the modifications, with an advance of no less than forty-five (45) days.
  • Scope
    Before
    The company must agree with the client on the most appropriate means of communication for the purpose of complying with the prior communication provision, as established in Articles 5 and 6 of Law No. 28587.
    Now
    The company must agree with the client the most suitable means of communication to comply with the prior communication provision, considering for such effect, the following: b. For communications regarding contractual modifications of aspects other than those previously indicated, means of communication must be used that allow the client to take adequate and timely knowledge of the modifications …
  • What must be done
    Before
    In the offices where the aforementioned active and passive operations can be requested, companies must make the formulas available to clients, delivering them in printed media if they so request; and, through customer service personnel, they must make available to clients the programs for the settlement of interests and payments of the company.
    Now
    In the offices where active and passive operations mentioned above can be requested, companies must make available to users the programs for the calculation of interest and payments of the company.
  • Scope
    Before
    In all cases, the information regarding the formulas and programs must be published both for those operations that the company currently offers to users and those that although no longer offered still have valid contracts, provided they were contracted after the entry into force of this Regulation.
    Now
    In all cases, information regarding the formulas and programs must be published, both for those operations that the company currently offers to users and those that, although no longer offered, still have valid contracts.
  • What must be done
    Before
    Companies must designate the official responsible for the formulas and programs, who must keep them updated.
    Now
    Companies must designate the official responsible for the formulas and programs, who must keep them updated and keep the User Service Officer informed.
  • What must be done
    Before
    Companies may enter into contracts through channels other than in-person provided that the following conditions are met: a) There is a prior contractual relationship between the company and said consumers, b) the company has adequate mechanisms to guarantee the security of the contracting in all its stages, and c) the client is allowed to obtain a printed copy of the contract, information booklet…
    Now
    The use of such channels must be appropriate to the complexity of the products they offer in the market, provided the following conditions are met: b. The company must have adequate mechanisms to guarantee the security of contracting at all stages and to record the acceptance by the client and their spouse, if applicable, of the contractual stipulations.
  • Scope
    Before
    For the prior approval procedure of the general clauses, companies must present a request sending a copy of the contract of the corresponding operation or service, properly adapted to the characteristics established by Law.
    Now
    Companies must present their request for approval of general contracting clauses, both for the case of new contract models and for the modification of previously approved clauses of products and services in accordance with the previous article, observing the requirements and procedure established regulatorily.
  • What must be done
    Before
    Likewise, the modifications that companies wish to make regarding the content of the previously approved general contracting clauses must follow the same approval procedure regulated in this Chapter, highlighting the changes made with respect to the approved version.
    Now
    In the case of modifications, the company must indicate the clauses that are the subject of modification, including those that are affected to maintain concordance in the contract.
  • Deadline
    Before
    The training provided to the aforementioned personnel on topics such as customer service, user protection, transparency regulation, among others, must be duly documented in the personnel information files or personnel records, through physical or computer files, which must be available to the Superintendence at all times.
    Now
    The training provided to the aforementioned personnel on topics such as customer service, user protection, transparency regulation, among others, must be updated at least annually and must be properly documented in the personnel's information files or personnel records, through physical or electronic files, which must be available to the Superintendency at all times.
  • What must be done
    Before
    Management will be responsible for coordinating with the User Attention Officer, the implementation of measures that are necessary so that the functioning of the user attention system adjusts to the general policies established by the Board of Directors, according to the terms indicated in the Regulation.
    Now
    Management will be responsible for coordinating with the user attention officer the implementation of measures necessary for the functioning of the user attention system to adjust to the general policies established by the Board of Directors, according to the terms indicated in the Regulation, as well as the assignment of human, technical and logistical resources that allow compliance with the fu…
  • Deadline
    Before
    Companies that request authorization to operate from the date of issuance of this resolution, must have a website enabled at the latest within fifteen (15) days after the date of issuance of the resolution that authorizes their operation.
    Now
    Companies requesting authorization to operate must have a website enabled no later than the date on which they begin their operations, considering what is provided in the Regulation for the constitution, reorganization, and establishment of companies and representatives of the financial and insurance systems approved by SBS Resolution No. 10440-2008 and its modifying norms.
  • What must be done
    Before
    At payment locations made available to users, the completion of payments made by clients must be properly recorded, applying the same treatment the company uses to record its operations.
    Now
    At payment locations made available to users, the execution of payments made by clients must be properly registered on the date effected, applying the same treatment that the company considers for registering its operations, and providing the necessary information to users regarding the charges applicable to their operation.
  • Scope
    Before
    For the case of passive operations indicated in Article 17A of the Regulation, the example used to calculate the effective annual yield rate must consider as the initial deposit amount one thousand new soles (S/.
    Now
    To calculate the Effective Annual Yield Rate (TREA), the initial deposit amount must be considered as the sum of one thousand New Soles (S/.
  • Scope
    Before
    Therefore, they cannot be incorporated into the contractual forms used by companies in the financial system nor charged to their users: a) Charges for savings accounts that do not record movements, in addition to the concept of maintenance or administration of active or inactive accounts.
    Now
    Therefore, they cannot be incorporated into the contractual forms used by companies in the financial system nor charged to their users: 1. Charges for maintenance or administration of inactive accounts.
  • Scope
    Before
    Therefore, they cannot be incorporated into the contractual forms used by companies in the financial system nor charged to their users: b) Charges for the issuance and sending of account statements for credit card and checking account products, when it has been agreed that no statement will be issued or sent to the client's home address.
    Now
    2-A. Charges for making available or sending credit card statements through electronic means.
  • Scope
    Before
    Therefore, they cannot be incorporated into the contractual forms used by companies in the financial system nor charged to their users: m) Charges for the evaluation and administration of guarantees linked to mortgage loans for housing.
    Now
    11. Charges and management associated with the evaluation, constitution, and administration of guarantees in those products conditioned on their constitution, such as mortgage, vehicle, pledge, among others.
New in this text (124)
  • In this sense, companies must be diligent in the explanations they provide regarding the products and services offered, in order for users to understand their characteristics, benefits, risks and applicable conditions and to be able to, in a responsible manner, make informed consumption decisions.
  • If the interest rate that depends on a variable factor in fixed-term loans and fixed-term deposits considers a spread associated with said indicator, the same treatment contemplated for the fixed interest rate will apply for the modification of said spread.
  • The presentation of said support will be carried out through the mechanism established by the Superintendence.
  • Commissions must be presented considering the categories and/or denominations that the Superintendence defines through a general norm.
  • Likewise, they must allow understanding of the cost involved and the service that justifies said charge.
  • a. List or tariff.- in those cases where the dissemination of information is carried out through the list or tariff, the following will be published: iii. The commissions, considering -if applicable- the categories and/or denominations that the Superintendence approves for this purpose through a general norm.
  • a. List or tariff.- in those cases where the dissemination of information is carried out through the list or tariff, the following will be published: iv. The expenses.
  • a. List or tariff.- in those cases where the dissemination of information is carried out through the list or tariff, the following will be published: v. The taxes.
  • f. Information provided by persons in charge of the offer of products and services: the own or subcontracted staff of the companies is obliged to inform the TCEA or TREA that would be applicable to the client, as appropriate, as well as explain the composition of the aforementioned rates.
  • In the case of credits under the revolving system, an explanatory example must be provided in accordance with what is indicated in Annex No. 1-A of the Regulation.
  • Only at the client's request may information regarding the effective cost rate applicable in other periodicities be provided – additionally.
  • Additionally, and without prejudice to the information that must be provided through the channels indicated in the preceding letters, the staff must be capable of providing and explaining this information to users.
  • Information on relevant aspects related mainly to the benefits, risks and conditions must be included in the contractual forms and on the website, and in the latter case, must consider –at minimum– the information detailed in Annex No. 4 of the Regulation, as applicable.
  • Companies cannot designate their passive products as “free”, “cost-free” or using terms that imply gratuity, if under any circumstance charges for maintenance, activity or others of the same nature can be transferred to the user.
  • When the information refers to an offer that has a specific validity, this circumstance will be indicated, as well as the applicable conditions in accordance with the following article.
  • In the event that contracting with users is carried out without considering applicable restrictions to the promotional conditions agreed upon, duration periods of said conditions or the possibility of varying or suppressing them, companies cannot modify the contractual clauses containing the aforementioned promotional conditions due to the binding effect of advertising.
  • The summary sheet must contain the following information: b. The TCEA applicable to active operations under the revolving system, including an explanatory example considering what is indicated in Annex No. 1-A of the Regulation, when applicable.
  • The summary sheet must contain the following information: Commissions must be presented in accordance with the categories and/or designations that the Superintendency determines through a general norm.
  • i. Regarding operations in which a guarantee is granted in favor of the company, it must be explicitly indicated whether the backing of the guarantee is limited to the contracted operation or extends to other obligations the client maintains with the company.
  • j. The client's right to request a copy of the appraisal performed on the asset granted as collateral, if any, when it is carried out.
  • l. The main characteristics of the credit card, if applicable, and the minimum measures the consumer must adopt to preserve their security.
  • m.3. The TCEA applicable to the operation under the installment system.
  • Additionally, companies must deliver to users a reference table showing the variation of the installment in the face of an increase in the variable interest rate of 1, 2 and 3%, specifying that this information is for illustrative purposes only, as the rate could increase by different percentage values and even greater than those indicated.
  • The information booklet must contain the following detail: When, due to the way the interest rate is referenced, it could be zero, this possibility must be explicitly indicated.
  • The information booklet must contain the following detail: Commissions must be presented in accordance with the categories and/or designations that the Superintendency determines through a general norm.
  • The information booklet must contain the following detail: g. If applicable, indicate that it is a deposit backed by the Deposit Insurance Fund.
  • The information booklet must contain the following detail: h. The circumstances in which the client can dispose of the balance, as well as the manner or manners in which deposits, withdrawals, and generally, operations that can be carried out in each account offered by the company can be made.
  • The information booklet must contain the following detail: i. The conditions for the use and conservation of the payment medium if offered together with the deposit.
  • a. Companies must make available to users the informative brochures provided by the insurance company, in accordance with what is stated in the Framework Regulation for the Marketing of Insurance Products approved by Resolution SBS No. 2996-2010, and the norms that modify or replace it.
  • b. The company that offers, to users, insurance considered as a condition to contract active or passive products, must additionally observe the following: The dissemination of the aforementioned information must be carried out through its website in an easily accessible space as part of the information on the products that consider insurance as a condition for contracting.
  • Companies that make available to users insurance products that contemplate the same coverages, offered by a minimum of three (3) insurance system companies, may be exempted from the obligation to accept the endorsement of the policies presented by users and therefore from making available to them the information that governs in such circumstances.
  • c. Companies will provide information regarding the insurance granted by the operator of a credit card offered by the companies in favor of the client and/or user, considering what is provided in the present article, insofar as applicable.
  • Companies must publish in their offices, along with the list or tariff, the list of notaries with whom they operate, as well as their contact data and cost of the service, in order to facilitate the choice made by clients.
  • Companies must seek the incorporation of notaries who exercise the aforementioned function in the districts where the offices are located where products requiring notarial service can be requested or in adjacent districts.
  • 22.1 Users have the right to make payments above the required installment in the period, considering for such effect the following: a. Conditions or limitations for the exercise of the right must not be established.
  • 22.1 Users have the right to make payments above the required installment in the period, considering for such effect the following: d. Users may make payments in any of the customer service offices of the company where payment and disbursement operations can be carried out, as well as in other additional channels made available by the company and that are informed to users.
  • In these cases, companies must request from clients, at the time of making the payment, to indicate whether the amount of the remaining installments should be reduced but maintaining the original term, or the number of installments with the consequent reduction of the credit term.
  • Likewise, companies must keep a record that allows accrediting the choice made; and in those cases where such choice is not available, through the mechanisms established for such effect in the contracts, and within fifteen (15) days of the payment being made, companies must proceed to reduce the number of installments.
  • In the case of advance payment, companies must deliver, at the request of clients, the modified payment schedules, considering the payment made, within a period not greater than seven (7) days from the date of such request.
  • Companies must inform the client about the possibility of requesting the aforementioned schedules, leaving a record of this action, as appropriate to the payment channel used.
  • Without prejudice to the above, in these cases, clients may expressly manifest their will to advance the payment of installments, with companies proceeding to apply the excess amount paid on the period's installment to the immediately following installments, as established in the following numeral 22.4. On each occasion when clients express their will to make an advance of installments, without a…
  • In these cases, companies will proceed to apply the excess amount paid on the period's installment to the immediately following unpaid installments.
  • Without prejudice to this, in these cases, clients may request, before or at the time the payment is made, that the payment must be applied as an advance, resulting in the application of what is indicated in the preceding numeral 22.3.
  • 22.6 Partial advance payments in revolving system obligations, which are those made above the minimum payment, must consider the following: a) Partial advance payments in credit card obligations are made considering the rule of order of imputation of payments referred to in the Regulation of Credit and Debit Cards.
  • 22.6 Partial advance payments in revolving system obligations, which are those made above the minimum payment, must consider the following: c) Partial advance payments that cover future installments must be applied to the reduction of the number of installments, except in cases where the client expressly indicates that the amount of the installments must be reduced at the time of making the payme…
  • Companies, at the time of contracting, must inform clients about: i) the differences between advance payment and advance payment and ii) the rights that clients have to require their application and the manner in which this proceeds, in order for them to be aware of their rights and the consequences associated with their payment decisions.
  • Likewise, they must inform clients with whom they maintain a contractual relationship, about the provisions contemplated in article 22nd of the Regulation, through their website, customer service offices along with their tariffs and another means established by the companies and that is easily accessible to clients.
  • A record of compliance with this obligation must be kept available to the Superintendency.
  • In such prior communications, it must be indicated expressly: a. That it is a modification in the agreed conditions, highlighting those concepts that will be the subject of change and expressly indicating what they consist of, in order to allow users to take knowledge of them.
  • In fixed-term credit or fixed-term deposit contracts, the modification of the agreed interest rate may only proceed in the following cases: a. For the case of fixed-term credit contracts: the novation of the obligation considering for such effect what is provided in the Civil Code.
  • In fixed-term credit or fixed-term deposit contracts, the modification of the agreed interest rate may only proceed in the following cases: b. For the case of fixed-term deposits: the renewal of the deposit.
  • In fixed-term credit or fixed-term deposit contracts, the modification of the agreed interest rate may only proceed in the following cases: c. Additionally, the contract may be modified when there is effective negotiation, on each occasion in which it is intended to make such modifications.
  • Without prejudice to the above, modifications of interest rates may proceed when the Superintendency, prior favorable report of the Central Reserve Bank of Peru, authorizes the financial system in general for extraordinary and unforeseeable circumstances that put the system itself at risk, in accordance with what is stated in article 6th of the Complementary Law.
  • Communications informing regarding the modification of interest rates must indicate expressly that it is a modification in the agreed conditions, highlighting those concepts that will be the subject of change and expressly indicating what they consist of, in order to allow users to take knowledge of them.
  • In this case, companies will inform of these facilities, according to the means agreed for such effect with clients, in order for them to be able to make use of them.
  • If it is a modification for the benefit of the client, it must be informed through the mechanisms established for such effect in the contracts, according to literal b. of article 29th of the Regulation.
  • If it is a modification for the benefit of the client, it must be informed through the mechanisms established for such effect in the contracts, according to literal b. of article 29th of the Regulation.
  • a. The company must communicate through direct means of communication, such as written communications to the client's home, emails, statements and telephone communications to the client, the contractual modifications referred to: i. Interest rates, penalties, commissions and expenses when such modifications generate a detriment to users.
  • a. The company must communicate through direct means of communication, such as written communications to the client's home, emails, statements and telephone communications to the client, the contractual modifications referred to: The above is also applicable regarding modifications to the payment schedule, the TREA and/or the minimum balance to obtain yield, in the case of active or passive opera…
  • The company must agree with the client the most suitable means of communication to comply with the prior communication provision, considering for such effect, the following: c. A record must be left regarding the communications made to clients.

The first 60 of 124 are shown.

Not carried over (111)
  • Likewise, the aforementioned provision specifies that the interest rates, commissions, and other tariffs charged by financial system companies must be made known to the public, in accordance with the norms established by the Superintendence;
  • That, for its part, Article 181 of the General Law establishes that in the advertising carried out by financial system companies regarding the interest recognized to depositors, it is mandatory to indicate the effective annual yield of deposits; likewise, it is stated that the Superintendence sanctions the omission incurred, as well as cases where the information is ambiguous or misleading;
  • That, in accordance with what is stipulated in Article 11 of Law No. 28587, clauses regarding the charging of interest rates, commissions, and expenses whose content has the character of abusive have been identified, prior to the opinion of INDECOPI issued via Letter No. 738-2005/GEGINDECOPI of November 15, 2005, and therefore, they cannot be incorporated into the contracts or contractual forms u…
  • For the purpose of complying with this principle, companies must observe what is provided by the Consumer Protection Law, Law No. 28587, the norms contained in the Regulation, as well as any other provision on the matter issued by this Superintendence.
  • Under no circumstances may commissions and expenses or insurance premiums be charged to the client or user for concepts not requested, not agreed upon, or not previously authorized by them, in accordance with what is established in this Regulation.
  • c. Charges for collection management may only be made when concrete and individualized actions have effectively been taken towards the consumer and aimed at achieving the payment of the obligation, considering for such effect the parameters developed on this particular matter by Article 61 of the Code for the Protection and Defense of the Consumer (hereinafter, the Code).
  • The tariffs that companies disseminate and apply for the services they provide must adjust to the criteria mentioned above, being classified as commission or expense, as appropriate.
  • This support must be disaggregated by client or operation, as appropriate.
  • In the event this is not possible, it may be supported globally by group of clients, type of operation, or other criterion that allows its determination.
  • The amount for the concept of premiums and any additional expense related to the insurance that the user must pay in insurances associated with active operations, cannot be greater than that which the company has effectively contracted with the insurance company, without prejudice to the commissions it might establish for the administration of policies, which must be adequately informed to the us…
  • Regarding information referring to the insurances that companies offer, whether or not associated with credit operations, companies must indicate previously, in a clear and detailed manner, the covered risks, the amount of the premium or the way in which it will be determined, the exclusions of the insurance, and the term to request coverage, specifying that it is not a term of expiration.
  • Likewise, the name of the insurance company issuing the policy must be indicated; without prejudice to this, payments made by the insurance contractors to the companies are considered paid to the insurance company.
  • The aforementioned insurances must comply with the criteria indicated in Chapter II of this Title.
  • The names of commissions and expenses must allow for easy identification and understanding by users and be consistent with the nature of the service.
  • Furthermore, these must be drafted in Spanish, without prejudice to them additionally being drafted in another language.
  • In customer service offices where the products or services offered by the company can be requested, a list or tariff schedule containing the interest rates as provided in Article 4 of the Regulation, commissions, and expenses that the company applies for said products and services must be kept available to interested parties.
  • This must be in a visible place in the office, in a showcase, easel, or similar.
  • Companies must disseminate the way in which users can access the information contained on the website.
  • Additionally, to fulfill the dissemination obligation indicated in the first paragraph of this article, companies may use other dissemination media such as telephone or written communications addressed to the user, television, radio, print press, or brochures if applicable.
  • Furthermore, in order to provide users with all the required information prior to the celebration of any contract, in accordance with what is provided by Article 2 of Law No. 28587, companies will make contractual forms available to users in their premises and through the website.
  • When information on interest rates, commissions, and expenses is delivered to the user or the general public, the name of the company, its validity period, and its application in contracting, if applicable, must be indicated.
  • In cases where the disseminated information has advertising content, companies must observe the norms contained in Article 11 of this Regulation.
  • The advertising carried out by companies must adhere to the provisions contained in the Code and in the Law on Repression of Unfair Competition, as well as any other provision that may be issued on the matter.
  • To this effect, they must have personnel duly trained and updated on the topics contemplated in such documents and others, as indicated in Article 28 of the Regulation.
  • The most frequent questions that users have, with their respective answers, must be incorporated into the company's website, if it has one, as part of the dissemination they carry out of the products and services they offer.
  • Regarding information related to insurance associated with the operations that will be the subject of the contract, the provisions indicated in Article 8 of the Regulation must be informed.
  • Likewise, companies must take into account the responsibilities for the contracting of insurance detailed in Article 18 of the Regulation.
  • In case the amount of some commissions and expenses cannot be determined at the time of signing the contract, at least the criterion to be applied for their calculation and corresponding charge must appear.
  • For the purpose of celebrating contracts for active operations, whether they are granted under the installment system or other distinct modalities, companies must attach to the contracts the Summary Sheet contained in Article 24 of the Consumer Protection Law, which will contain the information and payment schedule indicated in Article 15 of the Regulation and which forms part of the contract.
  • Regarding active operations granted under the installment system, the payment schedule and simulations carried out through the programs for the settlement of interest and payments of the company, which are available to the public, must contain the effective annual cost rate that the client would pay for the credit operation, which will be calculated in accordance with the procedure indicated in A…
  • In case of deposits other than fixed-term deposits, the Information Booklet must contain the concepts that are applicable.
  • The Summary Sheet is an annex that forms part of the contract and must bear the signature of the authorized person acting on behalf of the company.
  • The Summary Sheet must be delivered to the client for reading.
  • In case there are doubts about the concepts contained in said document, the company must resolve them in accordance with what is indicated in Article 12 of the Regulation.
  • The Summary Sheet, along with the Contract, duly signed, must be kept in the files that the company has available for its conservation.
  • The Summary Sheet must contain the following information: c) The total amount of compensatory interest.
  • f.4. Reductions in installments or in the amount owed for timely payment that have been agreed, specifying, if applicable, the date or period in which the benefit would apply and the respective amount, according to the agreed conditions.
  • Additionally, the deadline for the delivery of the definitive schedule must be indicated, which must not exceed thirty (30) days; as well as the obligation of the intervening parties to sign it and incorporate it as part of the Contract.
  • To this effect, the requirement to request the client's signature on the document will not apply, it being sufficient that there is a document accrediting the delivery of the definitive schedule according to the terms requested by the user.
  • Likewise, it must be indicated that in case of non-payment according to the agreed conditions, the corresponding report will be made to the Risk Central with the corresponding rating, in accordance with the Regulation for the Evaluation and Classification of the Debtor and the Requirement of Provisions in force.
  • l) A final declaration by the client referring to that the Summary Sheet, as well as the contract, were delivered for reading, that their doubts were resolved, and that they sign with full knowledge of the conditions established in said documents.
  • n) A declaration establishing that, if as a result of proven fraud or negligence, the user is induced to error and as a consequence thereof makes an excess payment, said amount is recoverable and will accrue until its return the maximum of the sum for the concept of compensatory and default interest that have been agreed for the credit operation or, in default, the legal interest.
  • Regarding operations with credit cards or credit lines, the company must communicate the aspects of the Summary Sheet that are applicable.
  • The Information Booklet is an annex that forms part of the contract and must bear the signature of the authorized person acting on behalf of the company.
  • The Information Booklet must be delivered to the client for reading.
  • In case there are doubts about the concepts contained in said document, the company must resolve them in accordance with what is indicated in Article 12 of the Regulation.
  • The Information Booklet, along with the Contract, duly signed, must be kept in the files that the company has available for its conservation.
  • The Information Brochure shall contain the following details: j) The effective annual yield rate corresponding to the example indicated in Article 10 of this regulation, calculated according to Article 17A.
  • The Information Brochure shall contain the following details: k) The minimum balance required to obtain yield, in accordance with the provisions of Article 17B of this regulation.
  • The Information Brochure shall contain the following details: l) The channels made available to you for withdrawing money, indicating the mandatory requirements for their use.
  • In the case of information brochures corresponding to time deposits, additionally, the applicable rate or, in its absence, the applicable mechanisms to determine it regarding the case of early withdrawal of funds when it is agreed that the interest rate corresponding to another type of deposit will apply, must be included.
  • As provided in this Regulation, companies must inform clients of the effective annual cost rate (TCEA) in active operations granted under the installment system.
  • In cases where the effective annual yield rate is identical to the effective annual interest rate, either of these may be used indistinctly, explicitly informing that they have the same value.
  • Companies that offer users insurance associated with active operations, such as credit life insurance, damage insurance to protect assets received as collateral, fraud insurance, as well as any other type of individual or collective insurance associated with the active operations they perform, must… a) When contracting said insurances, they must strive to obtain the best policy conditions for the…
  • In the case of contracts for active, passive operations, or services, concluded in writing, the company must deliver a copy of the same to the client, including all its annexes.
  • Likewise, in cases where the client signs incomplete securities, the company must provide them with a copy of these and the document containing the stipulations to proceed to fill them out, as provided in Circular No. G-0090-2001.
  • The original contract duly signed, together with all its annexes, must be kept as part of the credit files of debtors, if applicable, or in other files that the company has established for their proper conservation.
  • Companies must inform their clients about their rights and obligations, in relation to the product or service they have contracted, in accordance with the current regulatory framework through their customer service offices.
  • In this regard, they must make available to their clients informational material regarding the following aspects: 3. Procedure for exercising the right to make partial or total advance payments, for this purpose.
  • Additionally, the information detailed in this article must be published on the companies' web pages, in a duly identified link.

The first 60 of 111 are shown.

“Not carried over” means the sentence has no counterpart in this text; the rule can still be in force in another text.

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Source: Superintendencia de Banca Seguros y AFP — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works

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