2017-08-18 | Resolución SBS 3274-2017Added · Updated
Resolution SBS No. 3274-2017 approves the Regulation on Market Conduct Management of the Financial System, which applies to companies under Article 16 of the General Law, the Bank of the Nation, and the Agricultural Bank. The regulation mandates that companies implement market conduct management through specific policies, procedures, a management manual, a code of good practices, and an annual training plan. It requires the designation of a full-time Market Conduct Officer with defined responsibilities, including the preparation of annual work programs and semi-annual and annual management reports submitted to the Superintendence. Additionally, the resolution modifies the Accounting Manual for Financial System Companies to require credit card information for supervision and updates the Regulation on Credit and Debit Cards.
Los Laureles Nº 214 - Lima 27 - Peru Tel.: (511) 6309000 Fax: (511) 6309239 1 Lima, August 18, 2017
S.B.S. Resolution No. 3274-2017
The Superintendent of Banks, Insurance and Private Pension Fund Administrators
CONSIDERING:
That, the Regulation on Transparency of Information and Contracting with Users of the Financial System, approved by SBS Resolution No. 8181-2012 and its modifying norms, regulates provisions set forth in the Supplementary Law to the Consumer Protection Law in Matters of Financial Services, Law No. 28587 and the Code for Consumer Protection and Defense, Law No. 29571, among other aspects;
That, the Regulation on Credit and Debit Cards, approved by SBS Resolution No. 6523-2013 and its modifying norms, regulates provisions related to the transmission of information and applicable security measures, the verification of the identity of the holder or user, and the establishment of liability limits in the fraudulent use of said cards;
That, the purpose of the Superintendence is for companies to have adequate market conduct that is reflected in the practices they adopt in their relationship with users, in the offer of financial products and services, the transparency of information, and the management of complaints;
That, in concordance with this and as a consequence of the practices identified in the Superintendence's supervision activities, it is necessary to approve a new regulatory norm in the matter of market conduct that regulates the requirements applicable to companies in their relationship with users, regarding the transparency of information, offer and contracting of financial products and services, among others, and the modification of the Regulation on Credit and Debit Cards;
That, additionally, it is necessary to modify the Accounting Manual for Companies of the Financial System approved by SBS Resolution No. 895-98 and its modifying and complementary norms with the purpose of requiring information related to credit cards that allows the Superintendence to perform a better supervision task;
That, in order to collect opinions from the general public, the draft resolution was pre-published on the electronic portal of the Superintendence, under the provisions of Supreme Decree No. 001-2009-JUS;
Having the approval of the Adjunct Superintendencies of Banking and Microfinance, Risks, Economic Studies, Market Conduct and Financial Inclusion, and Legal Advice; and,
Los Laureles Nº 214 - Lima 27 - Peru Tel.: (511) 6309000 Fax: (511) 6309239 2
In exercise of the powers conferred by items 7, 9 and 13 of article 349 of the General Law of the Financial System and of the Insurance System and Organic Law of the Superintendence of Banking and Insurance – Law No. 26702 and its modifying norms;
RESOLVES:
Article First.- Approve the Regulation on Market Conduct Management of the Financial System, as indicated below:
REGULATION ON MARKET CONDUCT MANAGEMENT OF THE FINANCIAL SYSTEM
TITLE I GENERAL ASPECTS
Article 1. Scope The provisions of this norm are applicable to the companies included in item A of article 16 of the General Law, to the Bank of the Nation and to the Agricultural Bank.
Article 2. Definitions For the purposes of the provisions of this norm, the following definitions are applicable:
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TITLE II MARKET CONDUCT MANAGEMENT AND MARKET CONDUCT OFFICER
CHAPTER I PRINCIPLES
Article 3. Market Conduct Principles 3.1 The adequate market conduct of companies in their interaction with users is manifested in their business practices, regarding the offer of products and services, the transparency of their information, and the management of their complaints. 3.2 The business practices that companies apply to their users, regarding the offer of products and services, seek to involve: i) the design of these considering the target audience to which they are directed, defined as the set of users with similar characteristics and interests according to the company's criteria; respect for the rights recognized to users; what is established by the current regulatory framework; and the policies and procedures in the matter of market conduct; ii) commercialization mechanisms that do not induce error regarding the characteristics of the products and services; iii) compliance with the agreed conditions; iv) requirements to users, consistent with the nature of the products and services offered and contracted; and v) that the channels made available must be accessible and easy to use for users, as well as they must have an option for human contact or personal attention, when applicable, in accordance with what is provided by Law No. 31601 3. 3.3 Transparency of information is a mechanism that seeks to improve users' access to information and promote effective disclosure of information. In this sense, companies must be diligent in the information 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 make informed consumption decisions. 3.4 Adequate complaint management involves the comprehensive administration of complaints and their processing, considering timely and objective attention to communications presented by users, and the issuance of responses regarding all aspects of the complaint in a clear and simple manner. 2 Item modified by SBS Resolution No. 3240-2023 of 03/10/2023, effective from 02/04/2024. 3 Paragraph modified by SBS Resolution No. 1741-2026 of 01/07/2026, effective from 27/06/2027, except for what is established in item v).
Los Laureles Nº 214 - Lima 27 - Peru Tel.: (511) 6309000 Fax: (511) 6309239 4
CHAPTER II MARKET CONDUCT MANAGEMENT
Article 4. Market Conduct Management Companies are responsible for implementing adequate market conduct management in accordance with the current regulatory framework, which must be reflected in the conduct of the entire organization, in the business practices related to users that are implemented by business units, as well as in general policies and procedures. For this purpose, companies must develop the following:
Article 5. Personnel Training 5.1 The training that companies provide to personnel who have a relationship with users, as part of the annual training plan referred to in the preceding article, must consider, at a minimum, the following aspects: i) the development of the functions corresponding to them; ii) the products and/or services provided by the company; iii) the applicable regulatory framework in the matter of market conduct and consumer protection, linked to the functions assigned to them; and, iv) the manual for market conduct management and the code of good practices. 5.2 Companies must establish mechanisms that allow measuring the effectiveness of the training provided to their personnel, and the support for this must be available to this Superintendence in physical or electronic files.
Article 6. Responsibility of the Board of Directors and General Management 6.1 The Board of Directors is responsible for approving the policies, measures, and procedures necessary to allow the company to have adequate market conduct in its business strategy and to comply with the provisions of this Regulation. Likewise, it is responsible for knowing the main challenges and difficulties faced by the company in its implementation. 6.2 The Board of Directors must designate a market conduct officer with the characteristics, responsibilities, and powers established in this Regulation. 6.3 General management is responsible for implementing the necessary measures and procedures so that companies have market conduct adequate to the current regulations and concordant with the general policies established by the Board of Directors, as well as assigning the human, technical, and logistical resources that allow them to comply with the functions mentioned in the Regulation. 4 Item substituted by SBS Resolution No. 1741-2026 of 01/07/2026, effective from 27/06/2027.
Los Laureles Nº 214 - Lima 27 - Peru Tel.: (511) 6309000 Fax: (511) 6309239 5
6.4 The policies, measures, and procedures must be documented.
CHAPTER III RESPONSIBILITIES OF THE MARKET CONDUCT OFFICER
Article 7. Market Conduct Officer 7.1 The market conduct officer must perform their duties full-time and exclusively dedicated to the company. 7.2 Exceptionally, companies may request prior authorization from the Superintendence for the functions of the market conduct officer to be assumed by an official on a non-exclusive dedication basis, due to their nature, size, and the complexity of their products and services. The request must be accompanied by the following information:
Article 8. Requirements of the Market Conduct Officer 8.1 The market conduct officer must meet the following minimum requirements:
Article 9. Responsibilities and Functions of the Market Conduct Officer 9.1 The responsibilities and functions of the market conduct officer, among others contemplated in the Regulation, are the following:
Los Laureles Nº 214 - Lima 27 - Peru Tel.: (511) 6309000 Fax: (511) 6309239 6
Article 10. Presentation of Management Reports 10.1 The market conduct officer must prepare a follow-up report on the activities carried out during the first semester of the year, considering the responsibilities and functions described in the previous article, which must be presented to the Superintendence, at the latest within thirty (30) days after June 30 of each year. 10.2 The market conduct officer must prepare an annual report on the market conduct management in the company and the results obtained, and present it to the Superintendence within forty-five (45) days after the close of the fiscal year. 10.3 Both reports must be brought to the knowledge of the company's Board of Directors and sent to the Superintendence. The method of sending is by physical means, unless the Superintendence, alternatively, requires their sending by electronic means, in accordance with the conditions established by multiple letter. 6
TITLE III CALCULATION AND APPLICATION OF INTEREST RATES, COMMISSIONS, EXPENSES AND YIELD AND THEIR DISSEMINATION
CHAPTER I CRITERIA APPLICABLE TO INTEREST RATES
Article 11. Calculation of Rates 7 11.1 Companies, in accordance with what is provided in article 9 of the General Law, may freely determine the interest rates for their active and passive products, within the limits established by the Central Reserve Bank of Peru, if applicable, and considering for this purpose what is indicated in article 6 of the Supplementary Law to the Consumer Protection Law in Matters of Financial Services. 11.2 Compensatory interest rates must be expressed in effective annual form, considering for this purpose that it is a year of three hundred sixty (360) days. For their calculation and application, companies must take into account the regulation on the matter issued by the Central Reserve Bank of Peru in accordance with its Organic Law. 11.3 The default interest rate, in cases of default or delay in the payment of the credit, must be expressed and applied as a nominal annual rate, non-capitalizable, considering for this purpose that it is a year of three hundred sixty (360) days. This, in accordance with what is provided in article 6 of the Supplementary Law to the Consumer Protection Law in Matters of Financial Services.
Article 12. Interest Rates that Depend on a Variable Factor 12.1 Companies must indicate, in a simple and clear manner, the way in which the rate is determined at each moment, including its periodicity of change or the conditions that determine its modification, within the limits established by the Central Reserve Bank if applicable. This rate must not be susceptible to unilateral adjustment by the company itself or by virtue of agreements or practices with other entities. 8 12.2 If the interest rate that depends on a variable factor in fixed-term credits and fixed-term deposits considers a spread associated with said indicator, for the modification of said spread, the same treatment contemplated for the fixed interest rate applies. By virtue of the foregoing, any modification occurs only if the requirements established in article 31 are met.
Article 13. Effective Annual Cost Rate 13.1 The effective annual cost rate (TCEA) is the rate that allows comparing the total cost of an active product. It is calculated by equating the present value of all installments with the amount that was effectively received as a loan. For this calculation, installments involving the principal, interest, commissions, and expenses, which according to the pact are passed on to the client, including insurance in cases of consumer and/or mortgage housing credits, are included. Payments for services provided by third parties that are directly paid by the client, nor the taxes that are applicable, are not included in this calculation. 13.2 The calculations of the TCEA, for the case of active products under the installment system, proceed under the assumption of compliance with all agreed conditions, using the formula indicated in Annex No. 1 of the Regulation. 13.3 The calculations of the TCEA for the case of active products under the revolving system, due to their characteristics, are performed assuming a standardized pattern of cost comparison and proceed under the assumption of compliance with all agreed conditions, according to what is indicated in Annex No. 1-A of the Regulation.
Article 14. Effective Annual Yield Rate 14.1 The effective annual yield rate (TREA) is the rate that allows comparing the total yield of a passive product. It considers all charges for commissions and expenses, including insurance, when applicable, under the assumption of compliance with all agreed conditions. Not included in this calculation are payments for services provided by third parties that are directly paid by the client, nor the taxes that are applicable. 8 Paragraph modified by SBS Resolution No. 3748-2021 of 10/12/2021.
5 Item modified by SBS Resolution No. 3966-2018 of 11/10/2018 6 Item modified by SBS Resolution No. 3966-2018 of 11/10/2018 7 Article modified by SBS Resolution No. 3748-2021 of 10/12/2021.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 8 calculation those payments for services provided by third parties that are paid directly by the client, nor the taxes that are applicable. 14.2 The TREA for fixed-term deposits is calculated by equating the amount deposited with the present value of the amount actually received at the maturity of the term and/or all partial amounts received up to their maturity. 14.3 The TREA, for the case of deposits other than those indicated in item 14.2, is calculated assuming a standardized pattern of product yield comparison. For the calculation of the TREA, a reference amount is used assuming that there are no additional transactions to the opening of the account, using the formula indicated in Annex No. 2 of the Regulation. Article 15. Minimum balance 15.1 The minimum balance in a savings account is the balance that must be maintained in said account, without any transaction being made, to generate sufficient interest in a thirty (30) day month to cover the commissions and expenses associated with the maintenance of said account, in such a way that at the end of the month the deposited capital is not lost nor is yield earned. 15.2 When due to the existence of different ranges for the application of interest and for the charging of commissions and expenses, it is not possible to determine a balance in which these concepts compensate each other as indicated in the previous item, but rather that there is a balance from which one passes directly from a monthly loss to a monthly gain, the minimum balance is considered to be that amount in which the lowest positive yield is recorded. CHAPTER II CRITERIA APPLICABLE TO COMMISSIONS AND EXPENSES Article 16. Commissions and expenses Commissions and expenses are determined in accordance with what is established in Article 9 of the General Law. The approval of these charges is developed in the Regulation on Commissions and Expenses of the Financial System 9:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 9 a) The evaluation of the user, celebration of the contract, disbursement, administration of the credit and the management related to its collection. b) The management associated with the evaluation, constitution and administration of guarantees in those products conditioned on their constitution, such as housing mortgage, vehicle, pledge, among others. The management associated with the study of titles is considered part of the evaluation of the guarantees. c) The management associated with the lifting of guarantees. d) In the case of credit cards, the initial issuance or renewal upon expiration of the physical medium necessary for the use of the credit line. e) The existence of a free channel to make cash withdrawals. 10 f) The payment of credit obligations through channels made available by each company, including advance payment and installment advance operations, provided that it is not a charge included in Annex No. 1 of the Regulation on Commissions and Expenses of the Financial System. 11 2. Regarding passive products, essential and/or inherent services are understood to be: a) The safeguarding of the deposit. b) The activation of the savings account. c) The initial issuance or renewal upon expiration of the physical medium granted to make withdrawals from the account, when it is an indispensable requirement for such effect. d) The maintenance of the physical or electronic medium granted to make transactions, when it is an indispensable requirement for such effect. e) The existence of a free channel and/or a monthly number of free operations to make withdrawals. 12 3. It is permissible to charge expenses for insurance, notarial services, appraisal and registry, as appropriate to the contracted product, considering for such effect what is established in this chapter. 4. If given the characteristics of the financial product and/or service, it is derived that a certain service must be considered as essential and/or inherent, because otherwise its provision and/or use is naturalized or made unviable, no charges can be made for commissions or expenses associated with said service. 17.3 In Annex No. 3 of the Regulation, examples of charges that do not meet the criteria to be considered as commissions or expenses are detailed. This list is only illustrative, which is why it can be modified or expanded by the Superintendence, as a consequence of its supervision activities, regarding other charges that do not comply with the criteria described in the previous item. These are published in the "Citizen Orientation and Services Portal" section of the Superintendence's website. Article 18. Support for commissions and expenses 13 Commissions and expenses must imply the provision of a previously agreed service, additional and/or complementary to the operations contracted by users, and effectively provided, which justifies the transfer of said cost to the client, as well as a real and demonstrable cost. Companies must have a report containing the technical, economic and legal support that allows crediting the effective existence of the service and that justify the transfer of said concept to the client, through a commission or 10 expense. The presentation of said report is carried out as provided in the Regulation on Commissions and Expenses of the Financial System. CHAPTER III TRANSPARENCY OF INFORMATION Article 19. Dissemination of interest rates, commissions, expenses, products and services 19.1 Companies must inform users of the compensatory interest rate, and the default interest rate in case of default; as well as the commissions and expenses associated with the different financial products and/or services they offer, in accordance with what is provided in the Regulation on Commissions and Expenses of the Financial System, as well as with the categories, denominations and descriptions listed in Annexes No. 1 and 2 of this Regulation. This information must be communicated and disseminated in a clear and understandable manner. 14 19.2 Regarding financial products and/or services in which it corresponds to the user to assume taxes directly related to these, the respective obligation, the type of tax to which it is subject, the percentage and, if applicable, the applicable amount must be indicated. 19.3 In any payment of obligations operation, even when it is carried out in a company other than the credit holder, the company receiving the payment must inform the user, prior to the execution of the operation and through the channel used, the concept and amount of the applicable commission, if any. 15 Article 20. Mechanisms for disseminating information 16 Companies must disseminate information regarding compensatory interest rates, and default interest rates in case of default; commissions and expenses and characteristics of the financial products or services offered, as appropriate, through the following mechanisms:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 12 case of modification, the update date must be incorporated in the documents exhibited by the company. Additionally, companies must disseminate the steps and requirements for contracting and canceling the products and/or services they offer, as well as specify the channels or devices required to complete them. In case that companies issue credit cards, they must present in a comparative manner the characteristics of the cards they offer based on client profiles, their interests, as well as the applicable tariffs. The Superintendence, through a multiple letter, may determine the form of dissemination of this information. The dissemination of said information must be carried out through a link that can be identified on the main website, as part of the information on each financial product and service offered. 2. Mobile applications.- when companies allow the contracting of products and/or services through this channel, they must disseminate the information of the lists or tariffs applicable to said products, as well as their benefits, risks and conditions. This information must contain, as a minimum, what is detailed in Annex No. 4 of the Regulation. 3. ATMs.- companies that issue credit and/or debit cards and at the same time are holders or operators of ATMs, must ensure that, once an ATM operation is requested, information is provided to the user on screen and with prior character to the operation being carried out, the exact value of the applicable charge. In case that the holder or operator companies of ATMs are different from the companies that issue the credit and/or debit cards and it is not possible to comply with what is required in the previous paragraph, the latter must ensure that the former provide the user, on screen and with prior character to the operation being carried out, the exact value of the applicable charge for its use, specifying that the issuing company of the payment medium could make additional charges, if applicable. Once said information is provided, the ATM must offer the user the possibility to approve or reject the requested operation. If the ATM screen does not include said information, charges for its use cannot be transferred to the user. 21.2 Companies must adapt the information on products and/or services to the environment of the channels and/or the types of devices that will be used by users. Additionally, in cases where companies use links to other channels, direct access to the information must be allowed, complying with what is stated in this numeral. TITLE IV CONTRACTING WITH USERS CHAPTER I INFORMATION FOR CONTRACTING
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 13 Article 22. Information prior to the celebration of contracts 21 22.1 Companies must provide users with all the relevant information they request prior to the celebration of any contract and during the period it takes for this and the company to celebrate it. The granting of the aforementioned information involves the delivery and/or making available of the contractual form and simulations that refer to the cost of the product under the offered installment system, as appropriate, in accordance with Chapter III of this Title. 22.2 In case of denial of a credit request, and at the user's request, companies are obliged to inform expressly, within seven (7) business days of the request being presented and through the channels previously made known to the user, the aspects that did not allow a positive rating of the credit request. 22.3 When the denial is linked to the application of prudential norms referred to in Article 41, the company must indicate this in its communication. Article 23. Promotional conditions 23.1 Promotional conditions that incentivize the contracting of products and/or services must be maintained during the offered period or, if applicable, for the number of units to be offered or other scenario that determines the end of the promotion. These promotional conditions must be informed along with the applicable restrictions, duration periods of said conditions or the possibility of varying or suppressing them once the contracting has occurred. 23.2 If before contracting the conditions regarding the period and/or units to be offered and/or any other scenario to conclude or discontinue the promotion have not been informed, companies must communicate to users prior to their conclusion or discontinuation, must maintain the promotional condition for a period of at least six (6) months after the communication is made, unless due to the own nature of the promotion it must continue to be offered for a longer period. Such communication must be made, as a minimum, through the same means used to inform the promotion. 23.3 In case of contracting with users without considering restrictions applicable to the agreed promotional conditions, duration periods of said conditions or the possibility of varying or suppressing them, companies cannot modify the contractual clauses that contain said promotional conditions considering the binding effect of advertising. Article 24. Products offered without cost or with denominations that imply gratuity Companies cannot denominate their products as "free", "no cost" or use other terms that imply gratuity, if under any scenario commissions or expenses can be transferred to the user, which must be part of the summary sheet and/or information booklet, in accordance with what is established in the following articles. Article 25. Information on active products 25.1 Regarding active products, the user must be provided, as part of the contract, a summary sheet, which does not exempt companies from incorporating in the body of the contract the clauses that regulate the rights and obligations of the contracting parties. 25.2 The summary sheet must contain only the following information 22: 21 Article modified by Resolution No. 01689-2025 of 05/07/2025, effective from 05/10/2025.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 14
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 16 27.1 Companies are subject to the requirements established in the Regulation on Marketing of Insurance Products, the norms that modify or replace it. 27.2 Additionally, companies that offer insurance considered as a condition for contracting, such as mortgage life insurance to cover housing mortgages and insurance for the protection of the collateral asset, must observe the following:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 17 Article 28. Companies' responsibility in the contracting of notarial services 2930 Companies are subject to what is established in the Code for the use of notarial services, in the framework of the contracting of financial products and services, for which they must:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 19 30.3 The requirements indicated in the preceding subsections do not apply when it comes to contractual modifications that imply more favorable conditions for clients, which are applied immediately. In this case, sending a prior communication is not required; without prejudice to this, companies must inform of the new conditions through the mechanisms agreed with clients for this purpose. Article 31. Modification of interest rates Companies must inform 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 products and reductions in the case of passive products. The communication of the information 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. Article 32. Modification of fixed-term credits or fixed-term deposits 32.1 In fixed-term credit or fixed-term deposit contracts, the agreed interest rate can only be modified in the following cases: 33
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 20 case of modifications to contractual conditions other than interest rates, commissions, expenses, and increases in the credit line. 34 33.2 The requirement considered in the preceding paragraph does not apply when it comes to contractual modifications that imply more favorable conditions for clients and/or that constitute additional facilities to those existing and that do not imply the loss or substitution of previously established conditions. In this case, sending prior notice is not required; without prejudice to this, companies must inform clients of the new conditions through the mechanisms that they agree upon with clients for this purpose. Article 34. Modifications in the payment schedule When unilateral contractual modifications vary the information reported in the payment schedule contained in the summary sheet, companies must send to clients with a notice of no less than forty-five (45) days, together with the prior notice referred to in the preceding articles, the recalculated schedule, considering the information regarding the Effective Annual Cost (TCEA) corresponding to the remaining balance of the active product. This concept must be identified in the new schedule as “Remaining TCEA”. Article 35. Modification of the Effective Annual Rate (TREA) and/or minimum equilibrium balance 35.1 When contractual modifications vary the TREA and/or the minimum equilibrium balance, the companies must send to clients, together with the prior notice and within the period referred to in the preceding articles, the referred rate and/or recalculated minimum equilibrium balance. 35.2 The requirements indicated in the preceding paragraph do not apply when it comes to contractual modifications that imply more favorable conditions for clients, which are applied immediately. In this case, sending prior notice is not required; without prejudice to this, companies must inform clients of the new conditions through the mechanisms that they agree upon with clients for this purpose. Article 36. Means of communication to be used Companies must use direct means of communication, which allow leaving a record of the communication, such as communications by physical or electronic means, for the contractual modifications referred to in 35:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 21 2. For communications regarding contractual modifications of aspects other than those previously indicated, means of communication must be used that allow clients to take adequate and timely knowledge of the modifications to be made, according to what is agreed upon for this purpose with them. 3. A record must be kept regarding the communications made to clients. Article 37. Rules applicable to the increase of the credit line Increases in the credit line cannot be made through unilateral modifications by companies. In this sense, it does not correspond to give prior notice as stated in Article 33, but rather the express consent of the client must be requested on each occasion in which this is done, through the mechanisms that companies agree upon with clients for this purpose, leaving express record of the date from which the increase in the credit line proceeds. The client's silence cannot be considered as a sign of acceptance. Article 38. Incorporation of services that are not directly related to the contracted financial product or service Contractual modifications associated with the incorporation of services that are not directly related to the contracted financial product or service and that, therefore, do not constitute a condition for contracting, proceed provided that prior notice is given with a notice of no less than forty-five (45) days, through the means of communication indicated in paragraph 1 of subsection 36.1 of Article 36, granting the client the right to accept the proposed modification, without the client's refusal implying a termination of the main contract. Article 39. Contractual termination at the user's request 39.1 Companies must make available channels of easy access for the user to exercise their right to terminate the contract, establishing as a minimum the same channels used to contract the financial product or service, without additional requirements or demands being applicable that hinder the exercise of this right. Companies must have available to the Superintendence, the justification for the limitations that exist in the channels used for contracting, in which the termination of contracts is not allowed. 36 39.2 In the case of contracting through mechanisms other than written, companies may attend to the contractual termination requests through the other channels that the company has available for contracting, without in any case imposing additional requirements or demands that hinder the exercise of this right. 39.3 Contracts must establish the conditions applicable in case the client decides to terminate them due to unilateral modifications that are detrimental to them and that do not originate from the imposition of regulatory obligations. 39.4 Regarding active products, contracts must specify the manner in which the payment of the obligation proceeds prior to the termination of the contract, considering the nature of the obligation assumed and what is stipulated in letter b) of Article 47 and letter e) of subsection 56.1 of Article 56 of the Code. For this purpose, companies must grant a reasonable period for the client, if they deem it necessary, to find another financing mechanism, which must be no less than forty-five (45) days. Granting a longer period to make the total payment of the obligation prior to the termination of the contract does not prevent the company, if deemed applicable, from proceeding with the 36 Subsection modified by SBS Resolution No. 3966-2018 of 11/10/2018
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 22 corresponding charge for the fee resulting from the contractual modification, once the notice period indicated in the Regulation has been fulfilled. Article 40. Unilateral contractual termination Companies may unilaterally terminate the contracts entered into, communicating this to their clients, in accordance with the termination clauses agreed upon for this purpose. Article 41. Termination or modification by application of prudential norms 41.1 Companies may choose not to contract or modify the contracts entered into with users in aspects other than interest rates, commissions, or expenses, and even terminate them, without prior notice as referred to in Article 30, as a consequence of the application of prudential norms issued by the Superintendence, such as those related to the management of over-indebtedness risk of retail debtors, due to considerations of the client's profile linked to the system for the prevention of money laundering or terrorist financing, due to lack of transparency of users, among other scenarios determined by the Superintendence, in accordance with what is stated in Article 85 of the Code. 41.2 The lack of transparency of users referred to in the preceding paragraph occurs when in the evaluation performed on the information indicated or presented by users before contracting or during the contractual relationship, it is derived that such information is inaccurate, incomplete, false or inconsistent with the information previously declared or delivered by the user and negatively impacts the reputational or legal risk faced by the company. 41.3 Companies must apply what is stipulated in subsection 41.1 provided that previously it is made known to users, through contractual forms, about the situations that may affect contracting or the contractual relationship. Likewise, the personnel of the companies must inform about this to users before signing the contractual form. 41.4 If companies decide to terminate the contract signed with the user or modify the contractual conditions, for the causes indicated in subsection 41.1, they must send a communication to the address of clients or through the mechanisms established for this purpose in the contracts, within seven (7) days following such modification or termination, a period that may be extended by the Superintendence through a multiple letter. The communication must state that the termination or modification of the contract is carried out based on what is stipulated in Article 85 of the Code, in those cases in which this occurs as a consequence of the detection of activities that threaten the system for the prevention of money laundering or due to lack of transparency. 41.5 Companies must have policies and procedures for the application of what is stated in this article, as well as maintain the justification for their decisions, which must be available to this Superintendence. 41.6 When information requests by government entities concern cases in which the initiation, termination, or modification of the contract is associated with the regime for the prevention of money laundering, only the entity is communicated that the contracting, termination, or modification were carried out in accordance with what is stipulated by Article 85 of the Code. 37 Article 41-A. Certificate of Non-Debt and Release of Guarantee 38 37 Subsection modified by SBS Resolution No. 3966-2018 of 11/10/2018. 38 Article incorporated by SBS Resolution No. 3748-2021 of 10/12/2021.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 23 Once all obligations of the client have been cancelled, the companies of the financial system deliver or make available, automatically and within a period no greater than seven (7) business days, the document that accredits such cancellation, at no cost. Additionally, companies must issue, at the user's request, the document in which the individual cancellation of a loan is recorded, without prejudice to the existence of other unpaid obligations. For this purpose, companies may implement the same treatment indicated in the previous paragraph or an internal procedure that is informed to the user at the time of receiving their request. In the case where a movable vehicle guarantee or mortgage has been constituted, and this does not guarantee other obligations, the document containing the unilateral declaration of release of the guarantee must additionally be included. The latter must allow its formalization through a public notary for its inscription in the Public Registries. 39 Article 41-B. Certificate of Debt Regularization 40 Once the payment of a pending debt that has fallen into default has been regularized, and always that the user is up to date in their obligation, at their request, companies must issue and/or make available within a period no greater than seven (7) business days, counted from the date of such request, the certificate that accredits the payment and regularization of the debt, at no cost. CHAPTER III DISSEMINATION AND SUPERVISION OF FORMULAS AND THE SIMULATOR FOR THE SETTLEMENT OF INTERESTS AND PAYMENTS Article 42. Dissemination of formulas and the simulator for the settlement of interest and payments 42.1 Companies must disseminate, through their website, the formulas and explanatory examples applicable to the following active and passive products: checking account deposits, savings deposits, term deposits, CTS deposits, mortgage loans, MIVIVIENDA loans, vehicle loans, credit cards, and other consumer loans. The use of simulators is mandatory, only for active products under the installment system, in the case of compliance with the agreed conditions. 42.2 The information related to formulas and explanatory examples must be found next to the information about the products that companies offer to users, so that users can have knowledge of the procedures followed by companies and, if applicable, be able to replicate them for specific cases that have been agreed upon with them. 42.3 Companies organize the information according to the categories of the products previously referred to, considering those that the company currently offers to users and those that are no longer offered but still have active contracts. Likewise, companies organize the information by product, understanding product as the modality that possesses characteristics that distinguish it from other modalities, such as the payment method, the currency, or any other attribute that implies a variant in the formula, and which generally has a commercial name identifiable by clients. 42.4 In the offices where the aforementioned active and passive products can be requested, companies must deliver, at the user's request, the result of the execution of the simulations for 39 Paragraph modified by SBS Resolution No. 1741-2026 of 01/07/2026, effective from 27/06/2027. 40 Article incorporated by Resolution 1741-2026 of 02/07/2026.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 24 the settlement of interest and payments of the company, which considers the minimum information indicated in Article 43. 42.5 The Superintendence establishes from the “Orientation and Citizen Services” section of its website (www.sbs.gob.pe), links that allow access to the referred information. Article 43. Guidelines for the presentation of formulas and simulations 43.1 The formulas and simulators, as applicable, must consider the following guidelines:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 25 3. The presentation of the formulas must explain in detail all the concepts that could modify the amount subject to interest, in what cases and under what form they could impact said amount; if applicable, the calculation procedure to determine these concepts is included. 4. The formulas for calculating the amount of commissions and expenses charged to clients, if applicable, are presented following the same guidelines established for calculating the amount of interest. 5. For fixed-term deposits, the formula must additionally describe the effective annual interest rate and the commissions or expenses that apply when clients withdraw the deposit before the expiration of the agreed term. 44.2 Regarding active products, companies must consider the following criteria for the elaboration of formulas:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 26 CHAPTER I GENERAL ASPECTS Article 47. Formalities for drafting contractual terms 47.1 Companies must draft the contractual terms corresponding to the financial products and services they offer to users in simple and clear language, allowing for adequate comprehension of the obligations and rights they would assume. 47.2 The contract must faithfully reflect all stipulations necessary for the correct regulation of the relationship between clients and companies, without using technical jargon, and when this is not possible, its meaning must be explained precisely. Article 48. Multi-product contracts 48.1 Companies may make multi-product contracts available to users, understood as those containing general terms specifying the common terms applicable to more than one active and/or passive product. 48.2 Through these contracts, the client is given the possibility to, at that time or subsequently, contract one or more specific products to which the general terms apply. In this case, companies must deliver to users the relevant part of the multi-product contract referred to the contracted product, when it has not been previously delivered or if modifications have occurred between the opportunity of concluding the multi-product contract and the contracting of the specific product, as well as the summary sheet and/or information booklet, as applicable. Article 49. Contracting of financial products 49.1 4243 In the contracting of financial products and services, through their different channels, companies must consider the following:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 27 In contracting through digital channels, additionally, companies must consider the following: 6. The colors, text sizes, and images used must not mislead users. 7. At the time of contract acceptance, the company must show for active products the information established in numerals 1, 2, and 3 of paragraph 25.2 and that referred to the amount of interest, amount of commissions and expenses, the number of installments and their periodicity; and for the case of passive products, the company must show the information established in numerals 1, 2, 3, 4 of paragraph 26.2 of article 26 of the Regulation. 8. For the conclusion of the contract and during its execution, the company must apply what is established in the current regulations on information security and cybersecurity. 49.2 44 Companies may determine that the contract, including the summary sheet or information booklet, as well as any other corresponding information, are delivered and/or made available, through any of the following means:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 28 Mortgage credit. Consumer credit. Passive products: Savings deposit. Time deposits (includes deposit certificates and bank certificates). Deposit for compensation of service time. Checking account deposit. Financial services: Electronic money. 50.2 To the extent that it identifies products and/or services that generate an impact on users, the Superintendency may expand the previous list by means of a multiple letter. 50.3 The approval of general contract clauses does not exempt companies from the evaluation to which there may be grounds within the framework of the supervisory and control powers of the Superintendency, regarding the business practices that companies apply to their users, as well as from requiring modifications if these practices prove contrary to the approved clauses. 50.4 The prior administrative approval of general contract clauses by the Superintendency only comprises the clauses that regulate the rights and obligations of the parties. The Superintendency approves or denies requests for approval of general contract clauses that fall under its competence, taking into consideration the current regulatory framework, and does not issue a statement on the application of specific norms and provisions issued by other bodies authorized for such purpose. Clauses referring to the application of these norms and provisions must be incorporated in a document distinct from the contract model. 50.5 General contract clauses that do not have prior administrative approval cannot be used. The maximum period for prior administrative approval is sixty (60) business days, counted from the day following the filing of the request. 50.6 The approval of general contract clauses and the determination of abusive clauses derived from said procedure does not prevent users from resorting to the competent administrative and judicial instances in order to safeguard their rights, with the aim of having a statement issued on concrete cases. Without prejudice to the foregoing, the Superintendency identifies abusive practices and adopts the measures corresponding within its competence. 50.7 The contract annexes (including summary sheet and information booklet) cannot be used to incorporate additional rights or obligations to those established in the general contract clauses approved by the Superintendency, nor to modify the content of said clauses. The mere presentation of the general contract clauses for administrative approval obliges companies to comply with what is established in this paragraph. 4748 50.8 The summary sheets that form part of the contract annexes of active products, whose general contract clauses have the approval of the Superintendency, are considered 47 Paragraph incorporated by Resolution SBS No. 3966-2018 of 11/10/2018 48 Paragraph modified by Resolution SBS No. 3748-2021 of 10/12/2021.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 29 equally approved, provided their content is limited to that indicated in paragraph 25.2 of article 25 of the Regulation. 49 50.9 In the case of active products, the general contract clauses must expressly incorporate the web section that allows them to be viewed, with the corresponding summary sheet, in the same section. 50 Article 51. Procedures for the approval of general contract clauses and identification of abusive clauses 51.1 Companies must present their request for approval of general contract 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 preceding article, observing the requirements and procedure established by regulation. 51.2 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. 51.3 In case normative modifications are presented that have an impact on the approved general contract clauses, companies must present the clauses that are modified as a result of the adaptation of their contract models to said regulation within thirty (30) days counted from the entry into force of the referred modifications. The Superintendency, by multiple letter, may determine exception scenarios in which the submission of the modified clauses is required in a manner different from that previously indicated. 51.4 What is indicated in the preceding subsection does not exempt companies from their obligation to:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 30 52.2 Additionally to what is indicated in the preceding subsection, when the general contract clauses previously approved by the Superintendency are modified by norms of an imperative nature, companies must:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 31 7. Those identified by the Superintendency in accordance with the norms on the matter, which will be incorporated into this list by means of a norm of a general nature. 56 8. Those that exclude or limit the liability of the company, its dependents, or sales representatives for fraud or fault, or those that transfer liability to the consumer for the acts or omissions of the company. 9. Those that empower the company to suspend or unilaterally resolve a contract without previously communicating it to the client, except for the exceptions given by a legal provision other than or the application of prudential norms issued by the Superintendency. 10. Those that establish in favor of the company the unilateral faculty of extension or renewal of the contract, unless otherwise agreed in which this possibility is expressly established. 11. Those that exclude or limit the rights recognized to users to make advance or prepayments in total or partial, to raise exceptions of non-compliance or to impose obstacles or unnecessary conditions that the Superintendency determines according to the concrete case, for the exercise of the rights recognized to the user in the contracts. 12. Those that establish regarding clients limitations to the faculty of raising procedural exceptions, limitations to the presentation of evidence, inversion of the burden of proof, among other rights concerning due process. 13. Those that establish the client's waiver to file complaints for infringement of the norms of the Code, as well as those issued by the Superintendency. 53.3 The fact that certain elements of a clause or that an isolated clause has been negotiated will not exclude the application of this article to the rest of the contract, if the global appreciation leads to the conclusion that it is, nevertheless, a contract of adhesion. Article 53-A. Abusive Practices 57 Abusive practices are those conducts that affect the legitimate interest of users by taking advantage of the particular circumstances of the consumption relationship, imposing excessively onerous conditions or that are not foreseeable at the time of contracting. In Annex No. 5 of the Regulation, the abusive practices that are prohibited are detailed. This list may be expanded or modified by the Superintendency as a consequence of its supervision activities by means of a norm of a general nature. CHAPTER IV INFORMATION TO BE SENT TO USERS 58 Article 54. Periodic information to clients 54.1 Companies must offer clients the possibility to request the sending or making available of information related to their passive or active operations under the installment system, considering for such effect the following:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 32 54.2 Companies shall send or make available the information indicated in the preceding subsections through electronic means (website, email, among others), within a maximum period of thirty (30) days following the close of the month in which the information is requested, and it may be sent monthly, if the client so requests. 54.3 Clients may request that the information be sent through physical means (to the address indicated by the client), for which companies must make their attention channels available to the client, considering at minimum public service offices, the telephone line and/or the website, for the presentation of their request. Companies must document such request, as well as the information provided to the user regarding charges applicable for the sending of information through this medium. 59 Article 55. Communications regarding events and/or incidents affecting users 60 55.1 Companies must communicate to users any event that causes harm to the client in their balance or credit line, as well as those events related to business continuity or cybersecurity that, having been classified as significant, have an impact on such users, as provided in the Regulation for the Management of Business Continuity, approved by Resolution SBS No. 877-2020 and its amendments, and the Regulation for the Management of Information Security and Cybersecurity, approved by Resolution SBS No. 504-2021 and its amendments, respectively. 55.2 Companies must establish criteria to determine when it is appropriate to issue communications through the mass dissemination media determined by the company. At minimum, such criteria must consider: (i) whether the event or incident has received negative coverage in mass media; (ii) whether its management has required the participation of senior management or managers; (iii) whether there are formal information requests from authorities regarding the management of the event. The criteria must be incorporated into the company's policies and procedures regarding the management of incidents, events and/or crises. 55.3 Likewise, they must use direct communication means when the event causes harm to the client in their balance or credit line, or if it is a significant cybersecurity incident affecting the user. Article 56. Timeframe for communication regarding events and/or incidents affecting users 61 56.1 Communication to users through mass dissemination media must be carried out within twenty-four (24) hours from the time the company becomes aware of the event or incident, and in accordance with what is established in the Regulation for the Management of Business Continuity, approved by Resolution SBS No. 877-2020 and its amendments, and the Regulation for the Management of Information Security and Cybersecurity, approved by Resolution SBS No. 504-2021 and its amendments, when applicable. 56.2 Direct communication to clients must be carried out within ten (10) business days counted from the next business day after the company becomes aware of the possible impact. Such communication must include information about the fact that occurred and the actions adopted by the company for each user. Exceptionally and for justified cause, the communication timeframe may be extended by a maximum of ten (10) additional business days.
FINAL COMPLEMENTARY PROVISIONS First.- Compliance with the provisions of the Regulation 59 Subsection modified by Resolution SBS No. 3966-2018 of 10/11/2018. 60 Article incorporated by Resolution SBS No. 1741-2026 of 07/01/2026, effective from 06/27/2027. 61 Article incorporated by Resolution SBS No. 1741-2026 of 07/01/2026, effective from 06/27/2027.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 33 The information that allows accrediting compliance with the provisions of the Regulation must be available to the Superintendency. Second.- Creation of website Companies included in the scope of the Regulation that request authorization to operate must have an enabled website, no later than the date on which they begin their operations. Third.- Application of market conduct management provisions to legal persons not included in the definition of user 62
The provisions included in Chapter I of Title IV of the Regulation, referring to the information that must be provided to the user for the contracting of financial products and services, with the exception of Article 29, are also applicable by companies to those legal persons that are not included in the scope of the definition of user. Fourth.- Registration of the effective date of the operation In places made available to users to make payments and/or deposits, the operation must be registered on the date it was carried out, applying the same treatment that companies consider for registering operations carried out through their channels, and providing users with the necessary information regarding charges applicable to their operation. All channels must allow the cancellation of applicable taxes and concepts that may correspond to the operation performed. Fifth.- Authorization for the application of the Special Regime for Market Conduct Management 63 Companies, with prior authorization from the Superintendency, may adhere to the provisions of the Regulation of the Special Regime for Market Conduct Management, if justified due to their nature, size, complexity and/or volume of operations, as well as the financial products and/or services offered and their target audience. To this effect, they must send to the Superintendency a report supporting the reasons for the request and the reasons why they consider that the provisions contained in the Regulation, which are not part of the Special Regime Regulation, do not apply to them. The Superintendency may require the fulfillment of additional provisions based on the evaluated aspects. What is stated above does not limit that, if in the exercise of its supervisory powers, the Superintendency determines that the granted authorization is not consistent with the company's operations or the situation that originated it becomes non-existent, it may revoke the application of the Special Regime. Sixth.- Treatment of clients with temporary difficulties for the payment of credits within the framework of a declaration of a state of emergency 64 Companies may make contractual modifications of credits within the framework of a declaration of a state of emergency. Companies that have made unilateral modifications, or that plan to make modifications by agreement with users regarding the contractual conditions of credits granted to clients who present or may present temporary delays in their payments, according to the provisions issued by the Superintendency within the framework of a declaration of a state of emergency and others that are applicable, must establish policies and procedures for the treatment of said clients and offer alternatives consistent with their financial situation and payment capacity. Such treatment is part of the credit administration service and collection management and, therefore, an essential service and/or inherent to the credit, as stated in Article 17 of the Regulation. 62 Substituted by Resolution SBS No. 2304-2020, effective from 10/23/2020. 63 Substituted by Resolution SBS No. 2304-2020, effective from 10/23/2020. 64 Provision incorporated by Resolution SBS No. 1870-2020 of 07/29/2020
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 34 The minimum aspects that companies must implement for the treatment of clients indicated in the previous paragraph are detailed in Annex No. 6. The justifications for the implementation of said aspects must be available to this Superintendency. In the case of contractual modifications within the framework of a declaration of a state of emergency, other than those cited in the first paragraph, such as refinancings, companies will endeavor to establish policies and procedures similar to those previously indicated. Seventh.- Offer of credit cards without membership fee 65 Companies that issue credit cards must have within their portfolio of credit cards, at least one that does not include within its conditions the charging of a membership fee. Companies must inform users about the existence of the credit card without a membership fee, prior to the contracting of any credit card, and must keep the support for the compliance with this obligation. These cards must allow access to payment networks and infrastructure, including the consumption of goods and services, without this implying the charging of a membership fee, as these are essential or inherent services. Likewise, companies offer the services associated with these cards as established in the Credit and Debit Card Regulation. Eighth.- Credit life insurance 6667 In the case of the marketing of credit life insurance, regardless of whether it is or is not a condition for contracting, companies must observe the following: 68
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 35 6. Regarding credit life insurance with surrender or return value, in addition to what was stated above, it must consider as a main coverage survival. 7. If the company offers other coverages different from credit life insurance, these must be optional and require being presented through additional policies or clauses; likewise, their contracting must be carried out independently from the contracting of the credit life insurance and the credit product, for which the express consent of users is required for each product or additional coverage, and the company must safeguard the corresponding justifications for said consent. 70 8. Companies must calculate the charge for credit life insurance proportionally to the amount of the outstanding debt balance. In the case of revolving credits, said charge must be proportional to the average of the daily debtor balances of the user's billing period, applying the following methodology: SDp = ( ) Premium = Rate * SDp Where: SDi: Debtor balance of day i N: Number of days of the billing cycle SDp: Average of daily debtor balances Rate: Percentage determined by the insurance company 9. The charge for the commercial premium of a credit life insurance on a credit product can only be demanded in a single sum in the currency in which said credit product was agreed, regardless of its conditions. 71 Companies must publish on their website the information of the commercial premium of the credit life insurances they market, indicating the charge for marketing and/or brokerage commissions, if applicable. This information must be sent through the Report of Commissions and Main Expenses applied by companies of the Financial System, approved by Resolution SBS No. 2998-2024. 72 Ninth.- Development of internal policies and procedures for the attention of persons with disabilities 73 Companies must develop internal policies and procedures for the attention of persons with disabilities in order to ensure that they can access and use all channels made available by companies. Such policies and procedures must consider, among others, the exemption of charges for carrying out operations at the counter if this is the only accessible alternative that the person with disability has to carry out their financial operations.
TRANSITORY COMPLEMENTARY PROVISIONS First.- 74 For those clients who, prior to the validity of the Regulation, accessed the periodic information indicated in paragraph 54.1 through physical means, companies must make their attention channels available, considering at minimum public service offices, the telephone line and/or the website, so that clients communicate their email and consent to the sending by said medium and/or the making available by other electronic means of said information, in order to comply with what is provided in paragraph 54.2 of the Regulation. Companies must maintain a record of the communication made by the client. Second.- 75 The provisions established in the Eighth Final Complementary Provision of this Regulation apply to new contracts and renewals of credit life insurance from the end of the adaptation period established in Resolution SBS No. 1147-2021, except for subsection 4 whose application is immediate from the validity of Law No. 31143 to all existing contracts. Companies must communicate to users the adaptation to the new conditions of the aforementioned credit life insurance, once effective, using direct means, in addition to those indicated in paragraphs 51.3 and 51.4 of Article 51 of this Regulation. Article Two.- Through resolution, the administrative procedures referred to the request to have a non-exclusive market conduct officer and the request for exemption from the fulfillment of the obligations contained in the Market Conduct Management Regulation for the Financial System will be incorporated into the Single Text of Administrative Procedures – TUPA of the Superintendency of Banks, Insurance and Private Pension Fund Administrators, approved by Resolution SBS No. 3082-2011, in accordance with what is provided in the Regulation of Law No. 29091, approved by Supreme Decree No. 004-2008-PCM. Article Three.- Any reference to the Regulation of Information Transparency and Contracting with Users of the Financial System, in the norms issued by this Superintendency, is substituted by the Market Conduct Management Regulation for the Financial System, approved by Article One of this Resolution. Article Four.- Modify the Accounting Manual for companies of the financial system, approved by Resolution SBS No. 895-98 and its modifying norms, with the purpose of incorporating the following analytical sub-account in Chapters III "Chart of Accounts" and IV "Description and Dynamics of Accounts": 5202.30 Credit cards Article Five.- Modify Article 11 of the Credit and Debit Card Regulation, according to the following terms: "Article 11.- Making available or sending and receiving of the statement and complaint procedure Companies must send or make available to credit card holders the statement, at minimum, monthly, through electronic means (by presenting said information through the website, email, among others). Clients may request that the statement be sent through physical means (sending to the address indicated by the client), for which companies must maintain a record that allows accrediting said decision. 74 Provision incorporated by Resolution SBS No. 3966-2018 of 10/11/2018. 75 Provision incorporated by Resolution SBS No. 1147-2021 effective 04/18/2021.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 37 Companies must comply with said requirement in a timeframe not less than five (5) business days prior to the maximum payment date. If holders do not receive the statements in a timely manner, they have the right to request them from the companies and these have the obligation to provide a copy of them, under the conditions established in the contracts, even in those cases where the non-sending was due to what is provided in the following paragraph. Companies and holders may agree that the statement is not sent or made available, in the following cases:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 38 SOCORRO HEYSEN ZEGARRA Superintendent of Banks, Insurance and Private Pension Fund Administrators
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 39 ANNEX No. 1 CALCULATION OF THE ANNUAL EFFECTIVE COST RATE FOR ACTIVE PRODUCTS UNDER THE INSTALLMENT SYSTEM To homogenize the calculation of the annual effective cost rate, the following formula must be applied: = ( 1+ ) −1 k a t i i Where: ia : Annual effective cost rate. it : Effective cost rate corresponding to the installment payment period (monthly, quarterly, semi-annual, etc.) k : Number of installments in a year. The effective cost rate corresponding to the installment payment period (it) is that which allows equalizing the present value of all installments with the amount effectively granted as a loan to the client. Installments include all concepts indicated in the Regulation.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 40 ANNEX No. 1-A CALCULATION OF THE ANNUAL EFFECTIVE COST RATE FOR ACTIVE PRODUCTS UNDER THE REVOLVING SYSTEM To provide comparative information on active products under the revolving system, the calculation of the Effective Annual Cost Rate (TCEA) applicable to the revolving component must consider the following parameters:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 41 physical means). For credit cards, the annual membership fee must be considered in installment No. 12. 77 77 Numeral modified by Resolution SBS No. 3966-2018 of 11/10/2018
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 42 ANNEX No. 2 CALCULATION OF THE EFFECTIVE ANNUAL YIELD To calculate the Effective Annual Yield Rate (TREA), the initial deposit amount must be considered as one thousand new soles (S/. 1000.00), one thousand US dollars (US$ 1000.00), or one thousand euros (€ 1000.00), according to the calculation and term indicated in the Regulation, assuming that during said term there are no additional transactions other than the opening of the account. For deposits in other currencies, the Superintendence communicates via multiple letter the amounts to be used. Likewise, when the passive product requires a minimum opening amount higher than the initial deposit amounts mentioned above, said minimum opening amounts must be used for the purposes of the example. Additionally to the example, for savings accounts, the minimum equilibrium balance must be indicated. To homogenize the calculation of the effective annual yield rate, the deposit balance schedule must be generated considering the following procedure: 11. The initial deposit amount is taken as the initial amount for the first period (MI1). 12. The interest corresponding to the first period (I1), as well as the total commissions and expenses applicable in that period (C1), are calculated. 13. The final amount for the first period (MF1) is calculated using the following formula: MF1 = MI1 + I1 - C1 14. The final amount for the first period is considered as the initial amount for the second period (MI2). 15. Steps 2, 3, and 4 are repeated, taking into account the corresponding period, as many times as there are interest payment periods or commission and expense charging periods for the deposit, until reaching the final amount in the last period (MFT), where “T” represents the last period. 16. The TREA is equal to: TREA = (MFT / MI1)^(1/P) - 1 Where “P” is equal to the number of periods in a year. In the event that the deposit is for an indefinite term, a term of 12 months is considered for the calculation (T = 12, P = 12).
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 43 ANNEX No. 3 EXAMPLES OF CHARGES THAT DO NOT MEET THE REGULATORY CRITERIA TO QUALIFY AS COMMISSIONS OR EXPENSES The charges indicated below, by way of example, do not meet the criteria established in the Supplementary Law to the Consumer Protection Law in Financial Services and in the Regulation to qualify as commissions or expenses and cannot be incorporated into the contractual forms used by companies nor charged to their users:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 44 18. Charges in passive accounts when their opening is established as a requirement to carry out charges related to the payment of any active product. 19. Charges for overuse of the credit card line. 20. Charges for the administration of revolving system credits. 21. Charges associated with the receipt or management of bills and coins, such as counting, centralization, verification, transport, vault custody, among others, within the framework of a financial operation. 22. Charges for access and management associated with the treatment of clients with temporary difficulties in paying credits within the framework of a declaration of a state of emergency. 79 23. Charges for the evaluation, administration, and/or management of an endorsed policy, in the case of credit life insurance, regardless of whether it is or is not a condition for contracting. 8081 24. In banking companies, inter-branch charges for withdrawing cash through an ATM of the same bank or at service counters in a locality different from the city where the bank account was opened. 82 25. Charges linked to financial advice related to the offer, marketing, or execution of a contract for financial products or services. 83 26. Charges for carrying out operations at the counters of financial system companies when such operations are carried out by people with disabilities and who, due to that condition, are prevented from using a different channel. 84 27. In the company holding the credit, charges for the payment of credit obligations that are made through channels made available to users. 85 The Superintendence may incorporate other charges that do not meet the criteria established by current regulations, which will be published on its website: www.sbs.gob.pe 79 Numeral incorporated by Resolution SBS No. 1870-2020 of 29/07/2020. 80 Numeral incorporated by Resolution SBS No. 3748-2020 of 10/12/2021. 81 Numeral modified by Resolution SBS No. 890-2025 of 12/03/2025, effective from 09/09/2025. 82 Numeral incorporated by Resolution SBS No. 3748-2020 of 10/12/2021. 83 Numeral incorporated by Resolution SBS No. 3748-2020 of 10/12/2021. 84 Numeral incorporated by Resolution SBS No. 890-2025 of 12/03/2025, effective from 09/09/2025. 85 Numeral incorporated by Resolution SBS No. 1741-2026 of 01/07/2026, effective from 27/06/2027.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 45 ANNEX 4 INFORMATION REGARDING BENEFITS, RISKS, AND CONDITIONS OF THE FINANCIAL PRODUCT a. Passive products: Considering for such purpose the characteristics of the offered passive product, information related to the following must be published – as appropriate –: − The coverage of deposits by the Deposit Insurance Fund, considering for such purpose what is provided by the current regulatory framework and the way coverage proceeds according to the General Law. − The measures that the user must adopt to preserve the security of the payment instrument, if applicable. − The limits that, if any, are established for operations carried out through that payment instrument. − The channels for the presentation and attention of: (i) information requests in the event of the death of the account holder; and, (ii) requests for contract termination. − In cases where applicable, reference to the way in which currency conversion is determined to that agreed in the contracts. − Others at the company's discretion. b. Active products: Considering for such purpose the characteristics of the offered active product, information related to the following must be presented – as appropriate –: − The limits that, if any, are established for operations carried out through that payment instrument. − The measures that the user must adopt to preserve the security of the payment instrument, if applicable. − Requirements established for the user to contract insurance directly or through an insurance broker. − The channels for the presentation and attention of: (i) information requests in the event of the death of the account holder; (ii) requests for contract termination; and (iii) advance payments. − Requirements to request the issuance of the clause or document necessary to proceed with the lifting of guarantees, including those conditioned on the payment of the obligation. − The differences between advance payment and early payment and the rights that clients have to request their application and the way in which this proceeds. − In cases where applicable, reference to the way in which currency conversion is determined to that agreed in the contracts. − Others at the company's discretion. The Superintendence may update this list by incorporating other information, which must be published on its website: www.sbs.gob.pe
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 46 ANNEX No. 5 86 ABUSIVE PRACTICES IN THE FINANCIAL SYSTEM The practices indicated below, among others determined by the Superintendence, do not meet the criteria established in the Market Conduct Management Regulation of the Financial System as they are considered abusive and, therefore, cannot be applied by companies:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 47 7. Conditioning the endorsement of a life insurance policy in replacement of a credit life insurance, regardless of whether it is or is not a condition for contracting, to the payment of life policy premiums in advance, to requiring the company granting the credit as the sole beneficiary, as well as delaying the attention of endorsement requests. 89 89 Numeral incorporated by Resolution SBS No. 890-2025 of 12/03/2025, effective from 09/09/2025.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 48 ANNEX No. 6 90 TREATMENT OF CLIENTS WITH TEMPORARY DIFFICULTIES IN PAYING CREDITS IN THE FRAMEWORK OF A DECLARATION OF A STATE OF EMERGENCY
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 49 1.2.3. From the receipt of the client's request with the complete documentation required by the company according to its policies and procedures, and while its evaluation is being carried out, companies cannot apply default interest, penalties, or additional commissions and expenses associated with the accrued and pending payment amount. 1.2.4. The timeframe established for attending to the request, and delivering and/or making available the proposal by the company, if applicable, cannot exceed seven (07) days from the receipt of the client's request with the complete documentation in accordance with the company's policies and procedures. In case the client does not qualify for the next stage of alternative analysis, the company must communicate this decision to the client within the same timeframe. 1.3 Analysis of alternatives and selection 1.3.1. Grant each client contractual modification alternatives for credit, suitable to their needs and based on the result of the evaluation of their request, which could consider the following non-exclusive alternatives, based on their own policies and procedures: a) Temporary or permanent reduction of interest rates b) Forgiveness of overdue interest, commissions, or expenses c) Postponement of installments or their pro-rata share in subsequent periods d) Extension of the credit term in order to reduce the amount of periodic installments e) Others established by the company 1.3.2. Provide the client with information and guidance regarding the characteristics, benefits, risks, and conditions of the application of each alternative, in order for them to make an informed decision. 1.3.3. Establish channels of easy access so that the client can communicate the chosen contractual modification alternative for credit or the rejection of the alternatives presented by the company. 1.3.4. The timeframe granted by the company to the client to communicate their decision cannot be less than seven (07) days for mortgage loans and five (05) days for other types of credits. Companies must obtain the client's consent and record their acceptance according to the conditions established in paragraph 49.1 of Article 49 of the Regulation. 1.3.5. The delivery and/or making available of the document recording the new agreed conditions, including the consequences for failure to pay and for not contacting the financial entity or not responding to its communications, must be carried out through the means and timeframe established in paragraphs 49.2 and 49.3 of Article 49 of the Regulation. In the case of the credit card product, the information may be sent via the corresponding statement for the current billing cycle. 1.4 Periodic follow-up and monitoring:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 50 1.4.1 In case new temporary difficulties are identified for the client to pay the credit, companies may evaluate initiating a new contact with the client, following the provisions indicated in section 1.1 of this Annex. 1.4.2 Verify the adequate application of the policies and procedures approved by the company for the treatment of clients with difficulties in paying credits. In case weaknesses are identified, companies must carry out the corresponding corrective actions. 2. Companies must safeguard the justifications for the contractual modification alternatives for credit offered to the client, the communications made, the record of the client's choice, and the sending to them of the new agreed conditions, among other information. 3. Companies must make information available to the public regarding the access conditions to the aforementioned treatment of clients, as well as information about their procedures, at minimum, on their institutional website. 4. Companies must designate the areas and/or officials responsible for the implementation of the policies and procedures for the treatment of clients, as well as ensure that they have the human, technical, and logistical resources that allow them to comply with the provisions regarding said treatment. Likewise, the Market Conduct Officer must evaluate and verify its correct implementation, in line with the functions and responsibilities established in Article 9 of the Regulation. 5. For cases of those clients who do not comply with their payment obligations and who do not contact the financial entity, or who do not respond to its communications, companies are not obligated to attend new requests for contractual modification of credits. Companies are obligated to inform clients about this, from the initial communication referred to in item 1.1 of this Annex. 6. Given the conditions of the state of emergency, the Superintendency may modify by general norm the timeframes established in the provisions of this Annex and, through Multiple Office, may establish complementary measures.
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