Resolution SBS No. 04382-2025: Modification of Article 11 of the Rules for the Resolution of Complaints Filed Against Entities Participating in the Private Pension System

Los Laureles Nº 214 - Lima 27 - Peru Tel.: (511) 6309000 Lima, December 15, 2025

RESOLUTION SBS
No. 04382-2025

The Superintendent of Banking, Insurance and Private Pension Fund Administrators

CONSIDERING:

That, regarding the pronouncement of the Superintendence in the procedures for the resolution of complaints filed against the entities participating in the Private Pension System, the need has been identified to provide for an exceptional time limit for such pronouncement, applicable in those cases that present a degree of complexity, in order to guarantee the issuance of a duly motivated decision and in observance of the principle of due process;

That, this extension will be communicated previously to the complainant, in order for them to take note that, due to the complexity of the case, a longer time limit will be required for its resolution;

Having the approval of the Adjunct Superintendencies of Pensions and of Regulation and Legal Affairs, and of the Management of Market Conduct and Financial Inclusion;

And,

In exercise of the powers conferred by items 7 and 9 of Article 349 and, in accordance with the Thirty-Second Final and Complementary Provision of Law No. 26702, General Law of the Financial System and of the Insurance System and Organic Law of the Superintendence of Banking and Insurance, and its amendments;

RESOLVES:

Article First.- Article 11 of the Rules for the Resolution of Complaints Filed Against the Entities Participating in the Private Pension System, approved by Resolution SBS No. 3948-2015, is modified, as indicated below:

This is an electronic document, archived by the Superintendence of Banking, Insurance and AFP. Its authenticity and integrity can be verified through the following web address: https://servicios.sbs.gob.pe/VerificaSBS/validacion, entering the following: Verification Code: PRXLVW-001. The integrity of the document and the authorship of the signature(s) can be verified at: https://apps.firmaperu.gob.pe/web/validador.xhtml

Los Laureles Nº 214 - Lima 27 - Peru Tel.: (511) 6309000

“Article 11.- Pronouncement and appeal

The competent authority in the first administrative instance pronounces on the complaint within a maximum time limit of sixty (60) days counted from the filing of the complaint. This time limit may be extended by the Superintendence for up to thirty (30) additional days, provided that the complexity of the case warrants it and prior communication to the complainant.

Once the fifteen (15) days established for the filing of an appeal have expired, the administrative act that resolved the procedure acquires the status of final.

The appeal filed is subject to pronouncement by the competent authority in the second administrative instance. Within fifteen (15) days of receipt, the other party will be notified and granted a time limit of fifteen (15) days to respond to the appeal. The hierarchical superior resolves the appeal within a maximum time limit of thirty (30) days counted from the receipt of the responses and with these the technical evaluation of the file is carried out.

The filing of an appeal against the first-instance resolution that declares a regulatory violation does not suspend the compliance with the corrective measure, unless the suspension circumstances established in Article 226 of the Single Text of the General Administrative Procedure Law No. 27444, approved by Supreme Decree No. 004-2019-JUS, are presented.”

Article Second.- Procedure No. 167 “Resolution of complaints filed against the entities participating in the Private Pension System” in the Single Text of Administrative Procedures – TUPA of the Superintendence of Banking, Insurance and AFP, approved by Resolution SBS No. 1581-2023, is modified, according to the text attached to this Resolution, which is published on the institutional portal (www.sbs.gob.pe).

Article Third.- This resolution enters into force the day following its publication in the Official Gazette El Peruano.

Register, communicate and publish

SERGIO JAVIER ESPINOSA CHIROQUE
SUPERINTENDENT OF BANKING, INSURANCE AND AFP

This is an electronic document, archived by the Superintendence of Banking, Insurance and AFP. Its authenticity and integrity can be verified through the following web address: https://servicios.sbs.gob.pe/VerificaSBS/validacion, entering the following: Verification Code: PRXLVW-001. The integrity of the document and the authorship of the signature(s) can be verified at: https://apps.firmaperu.gob.pe/web/validador.xhtml