Resolution SBS No. 3141-2024: Approves the Regulation Governing Services Provided by the SBS to Citizens and the Handling of Complaints Against Supervised Companies, and Amends the TUPA of the Superintendency of Banking, Insurance and Private Pension Fund Administrators

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 1/10 Lima, September 06, 2024 Resolution S.B.S.
No. 3141-2024

The Superintendent of Banking, Insurance and Private Pension Fund Administrators

CONSIDERING:

That, by Resolution SBS No. 200-2003, provisions were established regulating the operation of the User Attention Platform, currently the Department of Citizen Services, of the Superintendency of Banking, Insurance and Private Pension Fund Administrators (hereinafter, the SBS), as the department responsible for providing various services to citizens;

That, by Resolution SBS No. 4464-2016, the services provided by the SBS to citizens and the handling of complaints against supervised companies were regulated, considering the expansion of attention channels and the services made available to citizens and the decentralization of their in-person attention;

That, the services mentioned in the previous paragraph have specific regulations in which the nature of each is established, the necessary requirements for them to be requested by citizens, as well as the circumstances in which they apply, considering the guidelines indicated in each regulation, in accordance with what is established in the previously indicated procedure;

That, the SBS has as its objective the permanent improvement of the services it provides to the citizen, seeking efficiency and quality in its actions, taking as a basis the criteria established by Law No. 27658, Framework Law for the Modernization of State Management, Supreme Decree No. 109-2012-PCM which approved the National Strategy for the Modernization of Public Management, Supreme Decree No. 004-2013-PCM which approved the National Policy for the Modernization of Public Management within the framework of what is provided by Law No. 27658; as well as the Manual to Improve Attention to Citizens in Entities of the Public Administration, approved by Ministerial Resolution No. 186-2015-PCM;

That, as part of the continuous improvement process, it is necessary to update the regulatory framework, considering new approaches, principles and definitions with an impact on the various procedures of each of the citizen attention services and the handling of complaints against supervised companies, as well as on the necessary requirements to access said procedures, considering what is established in the Single Text of the General Administrative Procedure Law, approved by Supreme Decree No. 004-2019-JUS;

That, for the purpose of collecting the opinions of the general public regarding the regulatory proposal, the pre-publication of the draft resolution on the matter was ordered on the electronic portal of the Superintendency, under the protection of what is provided in Supreme Decree No. 001-2009-JUS and the Single Complementary Transitional Provision of Supreme Decree No. 009-2024-JUS;

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Having the approval of the Adjunct Superintendencies of Market Conduct and Financial Inclusion and of Legal Advice; and,

In exercise of the powers conferred by numeral 19 of article 349 of the General Law of the Financial System and the Insurance System and Organic Law of the Superintendency of Banking and Insurance, Law No. 26702 and its amendments, and by the Single Text of the Law of the Private System of Administration of Pension Funds, approved by Supreme Decree No. 054-97-EF;

RESOLVES:

Article First.- Approve the Regulation that regulates the services provided by the SBS to citizens and the handling of complaints against supervised companies.

REGULATION THAT REGULATES THE SERVICES PROVIDED BY THE SBS TO CITIZENS AND THE HANDLING OF COMPLAINTS AGAINST SUPERVISED COMPANIES

CHAPTER I
GENERAL ASPECTS

Article 1.- Objective
This Regulation establishes the provisions that regulate the services that the SBS provides to the citizen, which include the handling of inquiries and specialized guidance, the issuance of reports from the SBS Risk Central and constancies related to the PPF, the delivery of information related to deceased persons and to the complementary risk work insurance. Likewise, the requirements and procedures for the processing of complaints against supervised companies are detailed.

Article 2.- Scope
The provisions of this regulation are applicable to:
a) Citizens who request the services of the SBS. b) Supervised companies.

Article 3.- Definitions and abbreviations
For the purposes of what is provided in this regulation, the following definitions and abbreviations are applicable:
a) Citizen: natural or legal person who, personally or through a representative, requests the services of the SBS. b) Pension status Circular: Circular for the issuance of Pension Status Constancy in the PPF, Circular AFP No. 97-2008. c) SCTR Certificate Circular: Circular that regulates the Application of the Complementary Risk Work Insurance Certificate (SCTR), Circular No. S-669-2019. d) Policy Certificate Issuance Circular: Circular that regulates the issuance of the Certificate of life and personal accident insurance policies with coverage for death or accidental death – Law No. 29355 and S.D. No. 271-2009-EF, Circular No. S-642-2010. e) Identity document: national identity document for Peruvians, and the foreigner's card, passport or legally established document for the identification of foreigners, as applicable. f) DSC: Department of Citizen Services.

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g) Supervised company: natural or legal person that is under the scope of supervision of the SBS. h) General Law: General Law of the Financial System and the Insurance System and Organic Law of the Superintendency of Banking and Insurance, Law No. 26702 and its modifying norms. i) Heirs Law: Law on Informed Heirs in Passive Financial Services, Law No. 30152. j) Deposit constancy regulation: Regulation that regulates the Deposit Constancy or other passive products of deceased persons, Resolution SBS No. 1188-2014. k) Regulation of the Law of the Modernization of Social Security: Regulation of the Law of the Modernization of Social Security in Health, approved by Supreme Decree No. 009-97-SA. l) TUO of the LPAG: Single Text of Law No. 27444, General Administrative Procedure Law. m) SBS: Superintendency of Banking, Insurance and Private Pension Fund Administrators. n) SBS Online Services: web platform through which the different services provided by the SBS can be accessed. o) PPF: Private Pension System. p) SCTR: Complementary Risk Work Insurance. q) TUPA: Single Text of Administrative Procedures of the SBS.

Article 4.- Quality policy and commitments
The SBS has implemented a quality management system and has a quality policy, through which it has assumed the following commitments:
a) Satisfy the needs or expectations of citizens regarding the services it provides, for which it commits to comply with the requirements applicable to it. b) Continuously improve the performance of this system. c) Promote the development and competencies of its workers, which will in turn contribute to providing quality services to citizens.

Article 5.- Approaches applicable to citizen services
The services that the SBS offers to the citizen must comply with the following approaches:
a) Service quality approach
As part of its commitments, the SBS guarantees that the services it provides to citizens meet high quality standards recognized through international certifications. b) Intercultural approach The SBS services are provided with an approach of cultural relevance, seeking that citizens access them on equal terms, recognizing and positively valuing cultural differences. c) Approach to attention to people with disabilities The SBS recognizes that people with disabilities face multiple barriers that prevent the exercise of their rights on equal terms with other people; therefore, if necessary, it will grant the reasonable adjustments that people with disabilities require to access its services, within the framework of the regulations governing the matter.

Article 6.- Principles applicable to citizen services
The services that the SBS offers to the citizen are governed by the following principles:
a) Accessibility
The SBS guarantees that all citizens can access the services it offers, making different attention channels available, taking into consideration their characteristics and needs. b) Non-discrimination

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The SBS guarantees that the services it offers to citizens through its different attention channels are provided on equal terms, in situations of similar nature. c) Respect for cultural difference The SBS guarantees that the services it offers through its different attention channels are carried out recognizing and valuing the cultural differences of each citizen. d) Mutual respect The SBS guarantees that all treatment between the citizen and its personnel, within the framework of the provision of the services it offers through its different attention channels, is carried out under conditions of mutual respect and cordiality. e) Timeliness in attention The SBS guarantees that the services it provides through its different attention channels are delivered to the citizen in a timely manner, within the deadline established by the TUPA or other special regulation governing them.

Article 7.- Compliance with requirements and deadlines
The requirements and deadlines applicable both for the receipt and for the processing of communications are governed by what is established in the TUO of the LPAG, insofar as applicable, and by the document management provisions issued by the SBS.

Article 8.- Notification
The notification of the documents by which the SBS responds to the service requests and complaints presented by citizens is carried out at the domicile and/or electronic address indicated at the time of presenting the request, or at those indicated by the citizen during the processing of the corresponding procedure.

In case the citizen has not indicated a domicile, or if it is incomplete, the notification is carried out at the domicile indicated in their identity document.

The deadline applicable for the notification of documents is governed by what is established in the TUO of the LPAG.

CHAPTER II
SPECIFIC PROVISIONS APPLICABLE TO CITIZEN SERVICES

Article 9.- Citizen guidance service
9.1 The citizen guidance service seeks to satisfy information needs related to the services provided by the SBS, activities, practices and obligations of supervised companies, and the rights of users of supervised companies. Likewise, it provides information about the competencies of the SBS and other procedures (requests, inquiries, complaints or PPF claims). In those cases where, due to the complexity or technical level of the requested information, a more rigorous analysis is required, information is provided to the citizen on the channels to present a written inquiry, as well as the deadlines established in the TUPA.

9.2 The SBS makes the following guidance channels available to citizens:
a) In-person channel: at citizen attention offices nationwide, the updated list of which is located on the institutional web portal. b) Non-presence channels:

• Telephone: through the toll-free line 0-800-10840
• Digital: chat, email, video call, social media, mobile applications and others determined by the SBS.

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9.3. The SBS may establish other guidance channels, which will be disseminated on the institutional web portal.

Article 10.- Inquiry handling service
10.1 By formulating an inquiry, the citizen requests information about any activity or practice of supervised companies, or about the regulatory framework governing them.

10.2 The handling of inquiries is for informational purposes, seeks to resolve a situation of uncertainty or lack of knowledge, so the responses issued are not binding for the resolution of concrete disputes that may exist.

10.3 The provision of this service is subject to the channels and requirements of the TUPA established for such purpose, whose updated version is available on the institutional web portal.

Article 11.- Pension advice service
11.1 The pension advice service aims to provide specialized information about the pension situation of a citizen, as well as regarding the benefits offered in the PPF. The opinions issued as part of the pension advice service are not binding regarding the decisions that citizens may freely take within the framework of PPF regulations and/or the eventual result of the procedures they are going to carry out before the AFPs.

11.2 To access the pension advice service, the citizen must request an appointment through the in-person or non-presence attention channels. The guidance will be provided in person at the SBS citizen attention offices, and by telephone or video call, if the citizen so requests when scheduling the appointment.

11.3 The requirements for granting appointments for pension advice are the following:
a) Citizen data: i) first and last names and ii) type and number of identity document. b) Home address and email, if applicable. c) Contact phone number. d) Topic on which guidance is required. e) Proof of representation, if applicable: simple power of attorney and representative data: i) first and last names; and, ii) type and number of identity document.

Article 12.- Request handling service
12.1 The presentation of requests can be made through the attention channels established in the TUPA, using the formats that are available to citizens at the physical reception desks of the SBS and on the institutional web portal.

The provision of the request handling service is subject to the regulation governing them and the requirements in the TUPA established for such purpose, whose updated version is available on the institutional web portal.

In the case of requests presented through the SBS Online Services platform, enabled only for natural persons, validation of the citizen's identity document data will be carried out.

12.2 Issuance of personal credit status reports
The personal credit status report from the SBS Risk Central allows the citizen to know the relationship of credits contracted with companies in the financial system, as well as the rating assigned by these entities based on their payment behavior.

Depending on the attention channel used and the type of information requested, the issuance of the personal credit status report may have a cost, according to the following considerations:
a) Access to the last monthly personal report published by the SBS is free through the in-person and written channels, once every semester of the calendar year. b) Access to the personal report of the last six (6) months published by the SBS is free through digital channels, accessing the institutional web portal or the SBS App mobile application. c) In cases other than those indicated in the preceding letters a) and b), the citizen must make the payment of the rate established in the TUPA.

12.3 Issuance of third-party credit status reports
The credit status report from the SBS Risk Central regarding third parties allows citizens to access information about active operations and the rating granted in the financial system to a third party. The aforementioned request will be attended as long as the existence of legitimate and direct interest is accredited. The SBS determines if the grounds presented by citizens accredit such requirement, in which case the payment of the rate established in the TUPA is required.

12.4 Rectification of identity data before the SBS Risk Central
The rectification of identity data of citizens before the SBS Risk Central aims to correct errors related to:
a) The SBS code assigned to the citizen; b) Citizen data: first and/or last names in the case of natural persons, or trade or corporate name, in the case of legal persons; or c) Identity document or RUC.

12.5 Issuance of AFP Affiliation Constancy
The AFP affiliation constancy allows the citizen to prove their pension status before any national or foreign entity, a document that has a validity of thirty (30) calendar days.

In case the citizen wishes to know if they are affiliated with any Pension Fund Administrator (AFP) and access other important information related to their affiliation with the PPF, they can obtain an affiliation report through the SBS Online Services platform.

12.6 Issuance of pension status constancy
The pension status constancy aims to certify whether a citizen is a pensioner in the PPF, under any of the pension modalities provided in the Compendium of Regulatory Superintendence Norms of the PPF.

The pension status constancy contains information provided by PPF entities, which according to the pension status Circular, have a deadline of twenty-four (24) hours to attend the requirement sent by the SBS for such purpose, with only business days being considered for the calculation.

12.7 Issuance of constancy of deposits or other passive products of deceased persons
The constancy of deposits or other passive products aims to inform the heir of a deceased person about the existence or non-existence of deposits or other passive products owned by the deceased, as provided by the Heirs Law, and complementary norms.

The constancy of deposits or other passive products of deceased persons contains information provided by system entities, which according to the provisions of the Deposit Constancy Regulation, have a deadline of five (5) business days to attend the requirement sent by the SBS for such purpose.

12.8 Issuance of constancy of life and personal accident insurance policies with coverage for death or accidental death
The constancy of life and personal accident insurance policies with coverage for death or accidental death of citizens aims to inform, upon the death of a citizen, about the existence of policies with death coverage contracted in their favor, according to the information provided by companies in the insurance system, as provided by Law No. 29355, its regulation and complementary norms.

Insurance system entities, according to the provisions of the Policy Certificate Issuance Circular, have a deadline of five (5) business days to attend the requirement sent by the SBS for such purpose.

12.9 Issuance of constancy of complementary risk work insurance
12.9.1 The constancy of complementary risk work insurance (SCTR) aims to inform the citizen about the complementary risk work insurance contracted by their employer, in case the latter performs any of the risk activities described in Annex 5 of the Regulation of the Law of the Modernization of Social Security.

12.9.2 The SCTR constancy contains information provided by insurance system entities, which according to the provisions of the SCTR Certificate Circular, have a deadline of five (5) business days to attend the requirement sent by the SBS for such purpose.

12.10 Informed heirs service
Citizens can access consolidated information about their deceased relatives, regarding deposits and credits in the financial system, life and personal accident insurance policies, as well as SCTR, and affiliation with the PPF, through the informed heirs service; complying with the TUPA requirements established for each of the services.

CHAPTER III
PROVISIONS APPLICABLE TO THE PROCESSING OF COMPLAINTS

Article 13.- Complaint
13.1 The complaints that citizens present against supervised companies are understood as the notice or bringing to knowledge of a fact or facts that may lead the citizen to suppose the existence of indications of non-compliance with any of the obligations provided in the regulatory framework governing the activities regulated and/or supervised by the SBS.

13.2 Disputes between private parties, discussions about contractual aspects that may exist between a supervised company and a citizen, as well as those facts that could suppose an affectation to consumer rights, are outside the scope of the competencies of the SBS, which corresponds to be resolved by the competent authorities; with the exception of the powers granted within the framework of what is provided by the Second Final Complementary Provision of the Consumer Protection and Defense Code for the case of the PPF, as established in the Norms for the resolution of claims presented against entities participating in the Private Pension System.

13.3 The processing of complaints is carried out in accordance with the TUO of the LPAG, so the complainant is not a subject of the procedure. In this sense, the withdrawal of the complainant does not end the procedure.

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 6/10

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 7/10

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Article 14.- Requirements for filing complaints
14.1 Complaints may be filed through the customer service channels established for this purpose by the SBS.
To this end, the complaint must contain at least the following:
a) Complainant's data:

• Natural person: i) first and last names and ii) type and number of identity document.
• Legal entity: i) trade name or corporate name and ii) RUC number.
  b) Home address and email address, if applicable. c) Contact phone number. d) Proof of representation, where applicable:
• Natural person: i) simple power of attorney and ii) representative's data: first and last names; and, type and number of identity document.
• Legal entity: i) simple power of attorney, with registration data, if applicable, and ii) representative's data: first and last names; and, type and number of identity document.
  e) Identification of the supervised entity being complained against. f) Specific statement of the facts allegedly contrary to the regulations governing the supervised entities; and, if possible, the legal grounds supporting the complaint. g) Copy of the supporting documents, when filed in writing. In the case of the digital channel, the aforementioned supporting documents must be attached in "Adobe Acrobat - pdf" format. h) List of documents and attachments included. i) If filed in writing: signature or digital fingerprint, or other mechanism established by the SBS, in case of inability to sign or being impeded. j) In case the reported facts are linked to passive operations, express authorization must be granted so that the SBS may request, where applicable, information protected by bank secrecy.
  14.3 In the event that failure to comply with any requirement that could not be detected at the time of filing the complaint at the registry desk is verified, or if it was filed through another channel, communication will be sent to the home address, email, or phone number provided by the citizen, informing them only once that they have a period of five (5) business days to rectify the observations found; otherwise, the file will be archived, specifying that they have the right to file a new complaint, for which they must attach all information and documentation required by regulation.
  Article 15.- Regarding the processing of complaints 1
  15.1 Referral of complaints not within the SBS's competence
  In the event that the reported facts do not fall within the SBS's competence, the competent organizational unit informs the citizen of the archiving and, where applicable, transfers the complaint to the competent public body, considering what is provided in the TUO of the LPAG.
  15.2 Complaints within the SBS's competence without indications of non-compliance.
  If there are no elements of evidence showing any non-compliance with any of the obligations provided in the current regulatory framework by the complained entity, the complaint is archived.
  15.3 Complaints within the SBS's competence with indications of non-compliance
  1 Article modified by Resolution SBS No. 4320-2025, dated 04.12.2025.

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 9/10 If, in the opinion of the competent organizational unit, there are elements of evidence suggesting the non-compliance with any of the obligations provided in the current regulatory framework by the complained entity, this information is forwarded to the corresponding supervisory body for it to adopt the relevant supervisory actions.
Article 16.- Suspension of the processing of complaints within the SBS's competence
The processing of the complaint is suspended if it is learned that, regarding the same facts, the citizen has a pending case for resolution before another entity. The suspension of the processing will be communicated to the complainant and the complained entity, where applicable, and remains in effect as long as the case processed before the other entity does not have a final resolution communicated to the SBS.
Article 17.- Regarding administrative appeals
The letter issued by the competent organizational unit cannot be challenged by the complainant, as the latter, in accordance with what is established in the TUO of the LPAG, does not have the status of a party to the procedure, insofar as it is developed ex officio. FINAL AND TRANSITORY PROVISIONS Sole Provision.- Complaints in progress Complaints that are in progress are adapted to what is provided in this Resolution, insofar as applicable. Second Article.- Modify numeral 5 of Article 4 of the Standard regulating the Certificate of deposits or other passive products of deceased persons, approved by Resolution SBS No. 1188-2014, according to the following text:
"Article 4.- Procedure
(...)
5. The request submitted by the user is subject to what is provided in the Standard regulating the services provided by the SBS to citizens and the attention of complaints against supervised entities."
Third Article.- Modify the following Unique Texts of Administrative Procedures of the Superintendence of Banks, Insurance and Private Pension Fund Administrators, according to the texts attached to this resolution and published in accordance with what is provided in Supreme Decree No. 004-2008-PCM, Regulation of Law No. 29091, on the institutional portal (www.sbs.gob.pe): i) Procedure No. 39 "Rectification of Personal Identification Data in the SBS Risk Central", ii) Procedure No. 74 "Certificate of Affiliation to the Private Pension System", iii) Procedure No. 76 "Certificate of Pensioner Status of the Private Pension System", iv) Procedure No. 97 "Attention of Citizen Queries", v) Procedure No. 100A "Access to information from the SBS Risk Central - Issuance of Personal Credit Situation Reports", vi) Procedure 100B "Access to information from the SBS Risk Central - Issuance of Credit Situation Reports for Third Parties" vii) Procedure No. 143 "Certificate of life insurance and personal accident policies with coverage for death or accidental death", viii) Procedure No. 158, "Certificate of Deposits or other passive products of deceased persons", ix) Procedure No. 190 "Certificate of Complementary Insurance for Risky Work", all approved by Resolution No. 4464-2016 and its modifying norms.

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 10/10 Fourth Article.- This Resolution enters into force the day after its publication in the Official Newspaper El Peruano, on which date Resolution SBS No. 4464-2016 and its modifying norms are repealed. Register, communicate and publish. SERGIO JAVIER ESPINOSA CHIROQUE SUPERINTENDENT OF BANKS, INSURANCE AND AFP