2017-08-18 | Resolución SBS 3274-2017Added
The Superintendence of Banking, Insurance and Private Pension Fund Administrators approves the Market Conduct Management Regulation for the Financial System, establishing obligations for financial entities regarding market conduct, information transparency, and complaint management. The resolution mandates the appointment of a full-time Market Conduct Officer, requires the implementation of specific governance policies and training programs, and sets reporting deadlines for semi-annual and annual compliance reports. Additionally, it modifies the Credit and Debit Card Regulation and the Accounting Manual to enhance supervisory oversight of credit card products.
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Lima, August 18, 2017
Resolution S.B.S. No. 3274-2017
The Superintendent of Banking, Insurance and Private Pension Fund Administrators
CONSIDERING:
That, the Regulation on Information Transparency and Contracting with Users of the Financial System, approved by SBS Resolution No. 8181-2012 and its modifying norms, regulates the provisions of the Supplementary Law to the Consumer Protection Law in Financial Services, Law No. 28587 and the Consumer Protection and Defense Code, 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 information transmission and applicable security measures, 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 that companies have adequate market conduct reflected in the practices they adopt in their relationship with users, in the offer of financial products and services, information transparency, and complaint management;
That, in accordance 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 on market conduct that regulates the requirements applicable to companies in their relationship with users, regarding information transparency, 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,
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In exercise of the powers conferred by items 7, 9 and 13 of article 349 of the General Law of the Financial System and 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:
1 Substituted by SBS Resolution No. 2304-2020, effective from 23.10.2020.
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2 17. User or consumer: person who acquires, uses, or enjoys the products or services offered by the company, or who could potentially use them, and who is defined as such, in accordance with the provisions of the Code.
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, must involve: i) the design of these considering respect for the rights recognized to users, the provisions of the current regulatory framework, and the policies and procedures approved in the matter of market conduct, ii) marketing mechanisms that do not induce error regarding the characteristics of the products and services, iii) compliance with the agreed conditions; and, iv) requirements to users, consistent with the nature of the products and services offered and contracted; and v) 3 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 the provisions of Law No. 31601. 3.3 Information transparency is a mechanism that seeks to improve users' access to information and promote effective information disclosure. 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 Item incorporated by Resolution 1741-2026 published on 02/07/2026, effective from 03/07/2026
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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 implemented by business units, as well as in general policies and procedures. For this purpose, companies must develop the following:
Article 5. Staff Training 5.1 The training that companies provide to personnel who have contact 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 staff, 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 consistent 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. 6.4 The policies, measures, and procedures must be documented.
CHAPTER III
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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:
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Article 10. Submission 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 closing of the fiscal year. 10.3 Both reports must be brought to the attention 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. 5
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 6 11.1 Companies, in accordance with the provisions of 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 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 its calculation and
4 Item modified by SBS Resolution No. 3966-2018 of 11/10/2018 5 Item modified by SBS Resolution No. 3966-2018 of 11/10/2018 6 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 7 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 non-compliance or delay in credit payment, must be expressed and applied as a nominal annual rate, non-compounding, considering for this effect that it is a year of three hundred sixty (360) days. This, in accordance with the provisions of Article 6 of the Supplementary Law to the Consumer Protection Law in 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 frequency 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 subject to unilateral adjustment by the company itself or by virtue of agreements or practices with other entities. 7 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, the same treatment contemplated for the fixed interest rate applies for the modification of said spread. By virtue of the above, 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 actually received as a loan. For this calculation, installments involving principal, interest, commissions, and expenses, which according to the agreement are passed on to the client, including insurance in the case of consumer and/or housing mortgage credits, are included. Payments for services provided by third parties that are directly paid by the client, and applicable taxes, are not included in this calculation. 13.2 The TCEA calculations, 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 TCEA calculations for the case of active products under the revolving system, taking into account their characteristics, are performed assuming a standardized pattern of cost comparison and proceed under the assumption of compliance with all agreed conditions, in accordance with the indication 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. Payments for services provided by third parties that are directly paid by the client, and applicable taxes, are not included in this calculation. 14.2 The TREA for the case of 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 until their maturity. 7 Paragraph 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 14.3 The TREA, for the case of deposits other than those indicated in subsection 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 equilibrium balance 15.1 The minimum equilibrium 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, such that at the end of the month the deposited capital is not lost nor is yield gained. 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 subsection, 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 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 8:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 9 c) 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-of-cost channel to make cash withdrawals. 9 f) The payment of credit obligations through channels made available by each company, including advance payment operations and advance of installments, provided that it is not a charge included in Annex No. 1 of the Regulation on Commissions and Expenses of the Financial System. 10 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-of-cost channel and/or a monthly number of free operations to make withdrawals. 11 3. It is permissible to charge expenses for insurance, notarial services, appraisal, and registry, as appropriate to the contracted product, considering for this 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, since otherwise its provision and/or use would be unnaturally altered or made unviable, no charges for commissions or expenses associated with said service can be made. 17.3 Annex No. 3 of the Regulation details examples of charges that do not meet the criteria to be considered as commissions or expenses. 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 adhere to the criteria described in the previous subsection. These are published in the "Citizen Guidance and Services Portal" section of the Superintendence's website. Article 18. Support for commissions and expenses 12 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 accrediting the effective existence of the service and justifies the transfer of said concept to the client, through a commission or 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 9 Literal incorporated by SBS Resolution No. 3748-2021 of 10/12/2021. 10 Literal incorporated by SBS Resolution No. 3240-2023 of 03/10/2023, effective from 02/04/2024. 11 Literal incorporated by SBS Resolution No. 3748-2021 of 10/12/2021. 12 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 10 19.1 Companies must inform users of the compensatory interest rate, and the default interest rate in case of non-compliance; 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. 13 19.2 In the case of financial products and/or services where the user is required 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 operation of obligations, even when performed 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. 14 Article 20. Mechanisms for disseminating information 15 Companies must disseminate information regarding compensatory interest rates, and default interest rates in case of non-compliance; 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 at the client's request can information be additionally provided regarding the effective cost rate applicable in other periodicities. The company personnel must be capable of providing and explaining to users the information contained in this article and other provisions contained in the Regulation. Article 21. Dissemination of aspects related to benefits, risks, and product conditions 21.1 The dissemination of information regarding aspects mainly related to benefits, risks, and conditions is carried out on the website and must consider –as a minimum– the information detailed in Annex No. 4 of the Regulation, as appropriate. 21.2 Users can make inquiries related to said information through other mechanisms or electronic means that the company makes available to users. TITLE IV CONTRACTING WITH USERS CHAPTER I INFORMATION FOR CONTRACTING Article 22. Information prior to the celebration of contracts 16 22.1 Companies must provide users with all pertinent information that 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 qualification 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 circumstance 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 circumstance to conclude or discontinue the promotion have not been informed, companies must communicate previously to users their conclusion or discontinuation, maintaining the promotional condition for a period of at least six (6) months after the communication is made, unless 16 Article modified by Resolution No. 01689-2025 of 07/05/2025, effective from 10/05/2025.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 13 because of the nature of the promotion, it must continue to be offered for a longer period. Such communication must be made, at minimum, through the same means used to inform about the promotion. 23.3 In the event that contracts are entered into with users without considering restrictions applicable to the agreed promotional conditions, the duration of such conditions, or the possibility of varying or suppressing them, companies cannot modify the contractual clauses containing said promotional conditions based on the binding effect of advertising. Article 24. Products offered at no cost or with designations implying free of charge Companies cannot designate their products as “free,” “no cost,” or use other terms implying free of charge, if under any circumstance commissions or expenses can be passed on to the user, which must be part of the summary sheet and/or information booklet, as 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, with 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 17:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 14 7. Other information that is relevant to the parties and as considered by the company or the Superintendency. The information from subparagraphs 2, 3, and 4 must be incorporated into the summary sheet in a prominent manner and heading the minimum information described in this subsection. 25.3 Likewise, for active products under the installment system, a payment schedule must be delivered as part of the summary sheet, which must contain the following:
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Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 18 MODIFICATION OF INTEREST RATES, COMMISSIONS, EXPENSES, AND OTHER STIPULATIONS, RENEWALS AND CONTRACTUAL RESOLUTIONS Article 30. Prior requirement to proceed to the unilateral modification of interest rates, commissions, expenses, and other contractual stipulations 30.1 Unilateral modifications referred to: i) interest rates for contracts other than fixed-term credits or fixed-term deposits, ii) commissions, iii) expenses; and, iv) other contractual stipulations other than the increase of the credit line, only proceed insofar as they have been previously agreed by the parties and communicated within the periods and through the means indicated in the following articles. 30.2 In prior communications, companies must indicate expressly:
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Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 20 Companies must use direct means of communication that allow for a record of the communication, such as physical communications or electronic means, for contractual modifications referred to 29:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 21 39.2 In the case of contracting through mechanisms other than written, companies may attend to contractual termination requests through 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 harmful to them and that do not originate from the imposition of regulatory obligations. 39.4 Regarding active products, contracts must specify how the payment of the obligation is processed prior to the termination of the contract, considering the nature of the obligation assumed and what is provided in letter b) of Article 47 and letter e) of paragraph 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 charging the corresponding fee resulting from the contractual modification, once the notice period stated 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 to modify contracts entered into with users in aspects other than interest rates, commissions, or expenses, and even terminate them, without the prior notice 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 client profile considerations related to the anti-money laundering or counter-terrorism financing prevention system, due to lack of transparency by 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 emerges that such information is inaccurate, incomplete, false, or inconsistent with 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 provided in paragraph 41.1 always that users are previously informed, through contractual forms, about the situations that may affect contracting or the contractual relationship. Likewise, company personnel must inform users about this prior to signing the contractual form. 41.4 If companies decide to terminate the contract signed with the user or modify contractual conditions, for the causes indicated in paragraph 41.1, they must send a communication to the clients' address or through the mechanisms established in the contracts for this purpose, within seven (7) days following such modification or termination, a period that may be extended by the Superintendence via multiple letter. The communication must state that the termination or modification of the contract is carried out based on what is provided in Article 85 of the Code, in those cases where it occurs as a consequence of the detection of activities that threaten the anti-money laundering prevention system 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 from government entities concern cases where the initiation, termination, or modification of the contract is associated with the anti-money laundering prevention regime, only the entity is communicated that the contracting, termination, or modification were carried out in accordance with what is provided by Article 85 of the Code. 31 Article 41-A. Certificate of No Debt and Release of Guarantee 32 Once all client obligations have been paid, financial system companies deliver or make available, automatically and within a period no greater than seven (7) business days, the document that certifies such cancellation, at no cost. Additionally, companies must issue, at the user's request, the document stating the individual cancellation of a loan, 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, the document containing the unilateral declaration of release of the guarantee must also be included. The latter must allow its formalization through a public notary for registration in the Public Registries. Article 41-B. Certificate of Debt Regularization 33 Once the payment of a past-due debt has been regularized, and provided 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 certifies 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, time 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. 31 Paragraph modified by SBS Resolution No. 3966-2018 of 11/10/2018 32 Article incorporated by SBS Resolution No. 3748-2021 of 10/12/2021. 33 Article incorporated by Resolution 1741-2026 published on 02/07/2026, effective from 03/07/2026
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 23 42.2 Information related to formulas and explanatory examples must be found alongside the information on 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 mentioned, 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 denomination identifiable by clients. 42.4 In 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 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 aforementioned information. Article 43. Guidelines for the presentation of formulas and simulations 43.1 Formulas and simulators, as applicable, must consider the following guidelines:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 24 Article 44. Methodological guidelines for the presentation of formulas for passive and active products 44.1 Regarding passive products, companies must consider the following criteria for the preparation of formulas:
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TITLE V CONTRACTUAL CONDITIONS CHAPTER I GENERAL ASPECTS
Article 47. Formalities for the drafting of contractual conditions 47.1 Companies must draft the contractual conditions corresponding to the financial products and services they offer to users in simple and clear language, which allows for adequate understanding 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 that contain general conditions 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 contract one or more specific products to which the general conditions apply, at that moment or subsequently. In this case, companies must deliver to users the relevant part of the referred multi-product contract regarding 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 34 In the contracting of financial products and services, the following must be considered:
49.2 35 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:
34 Paragraph modified by Resolution SBS No. 2286-2024 (numerals 1 and 2 of paragraph 49.1), effective from 29/06/2024, with an adaptation period in accordance with article seven of the same Resolution SBS No. 2286-2024.
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49.3 The delivery and/or making available of the contract including the summary sheet or information booklet, as well as any other corresponding information, must be carried out within a maximum period of fifteen (15) days from the celebration. In case the contract is concluded in writing and the delivery of the contract in the customer service offices is provided for, this is done immediately. 49.4 Companies must prove the delivery to the client, by any means, of the number of the resolution of the Superintendence by which the general clauses corresponding to the concluded contract were approved. 36
CHAPTER II GENERAL CONTRACTING CLAUSES
Article 50. General contracting clauses requiring prior administrative approval 50.1 Companies must submit to prior administrative approval of the Superintendence the general contracting clauses of the contract models that regulate the financial products and services indicated below: Active products: Mortgage credit. Consumer credit. Passive products: Savings deposit. Time deposits (includes deposit certificates and bank certificates). Deposit for compensation of time of service. 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 Superintendence may expand the previous list by multiple letter. 50.3 The approval of general contracting clauses does not exempt companies from the evaluation that may arise within the framework of the supervisory and control powers of the Superintendence, regarding the business practices that companies apply to their users, as well as from requiring modifications if these practices result contrary to the approved clauses.
35 Numeral modified by Resolution SBS No. 3966-2018 of 11/10/2018 36 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 27 50.4 The prior administrative approval of general contracting clauses in charge of the Superintendence only comprises the clauses that regulate the rights and obligations of the parties. The Superintendence approves or denies requests for approval of general contracting clauses that fall under its competence, taking into consideration the current regulatory framework, and does not issue a statement on the application of 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 contracting 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 receipt of the request. 50.6 The approval of general contracting clauses and the determination of abusive clauses derived from said procedure does not prevent users from appealing to the competent administrative and judicial instances in order to safeguard their rights, with the aim that a statement is issued on concrete cases. Without prejudice to the foregoing, the Superintendence identifies abusive practices and adopts the corresponding measures within the scope of 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 contracting clauses approved by the Superintendence, nor to modify the content of said clauses. The mere presentation of the general contracting clauses for administrative approval obliges companies to comply with what is established in this paragraph.
3738 50.8 The summary sheets that form part of the contract annexes of the active products, whose general contracting clauses have the approval of the Superintendence, are also considered approved, provided that their content is limited to that indicated in paragraph 25.2 of article 25 of the Regulation. 39 50.9 In the case of active products, the general contracting clauses must expressly incorporate the web section that allows them to be viewed, with the corresponding summary sheet, in the same section. 40
Article 51. Procedures for the approval of general contracting clauses and identification of abusive clauses 51.1 Companies must present their request for approval of general contracting clauses, both for the case of new contract models and for the modification of previously approved clauses of the products and services in accordance with the preceding article, observing the requirements and procedure set out in the regulations. 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.
37 Paragraph incorporated by Resolution SBS No. 3966-2018 of 11/10/2018 38 Paragraph modified by Resolution SBS No. 3748-2021 of 10/12/2021. 39 Paragraph incorporated by Resolution SBS No. 3748-2021 of 10/12/2021. 40 Paragraph incorporated by Resolution SBS No. 3748-2021 of 10/12/2021.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 28 51.3 In case normative modifications are presented that have an impact on the approved general contracting 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 Superintendence, by multiple letter, may determine exceptions 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:
Article 52. Dissemination of general contracting clauses and requirements applicable in front of norms of an imperative nature 52.1 Companies must disseminate, through their website, the contractual forms that have general contracting clauses approved by the Superintendence, indicating the number of the resolution by which they were approved; as well as, the Summary Sheet and Information Booklet linked to the approved general contracting clauses.
4142 52.2 In addition to what is indicated in the preceding subsection, when the general contracting clauses previously approved by the Superintendence are modified by norms of an imperative nature, companies must:
CHAPTER III ABUSIVE CLAUSES
41 Numeral modified by Resolution SBS No. 3966-2018 of 11/10/2018 42 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 Article 53. Criteria for the determination of abusive clauses in matters of interest rates, commissions, and expenses 53.1 Abusive clauses are all those stipulations not negotiated that, contrary to the requirements of good faith, cause an imbalance of the rights and obligations of the parties derived from the contract, to the detriment of users. It is considered that a clause has not been negotiated when it has been drafted previously and the user has not been able to influence its content. 53.2 Abusive clauses that cannot be incorporated into the contractual forms used by companies include, among others, those indicated below:
43 Numeral modified by Resolution SBS No. 3748-2021 of 10/12/2021. 44 Numeral modified by Resolution SBS No. 3748-2021 of 10/12/2021. 45 Numeral modified by Resolution SBS No. 3748-2021 of 10/12/2021. 46 Numeral modified by Resolution SBS No. 3748-2021 of 10/12/2021.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 30 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 47 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 Superintendence as a consequence of its supervisory activities by a norm of a general nature.
CHAPTER IV PERIODIC INFORMATION
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 purpose the following:
54.2 Companies send or make available the information indicated in the previous numerals through electronic means (website, email, among others), within a maximum period of thirty (30) days after the closing of the month in which the information is requested and can be sent monthly, if so requested by the client. 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, considering at least the customer service offices, the telephone line, and/or the website, to the client for the presentation of their request. Companies must prove said request, as well as the information delivered to the user regarding the charges applicable for the sending of information through this means. 48
Article 55. Communications regarding events and/or incidents that affect users 49 55.1 Companies must communicate to users any event that generates a detriment 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 said users, in accordance with what is 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 Security of the
47 Article incorporated by Resolution SBS No. 1870-2020 of 29/07/2020 48 Numeral modified by Resolution SBS No. 3966-2018 of 11/10/2018 49 Article incorporated by Resolution SBS No. 1741-2026 published on 02/07/2026, effective from 27/06/2027
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 31 Information and Cybersecurity, approved by Resolution SBS No. 504-2021 and its amendments, respectively. 55.2 Companies must establish criteria to determine when communications should be issued through the mass media channels determined by the company. At a minimum, these criteria must consider: (i) whether the event or incident has received negative coverage in mass media; (ii) whether its management required the participation of senior management or management; (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 customer in their balance or credit line, or if it is a significant cybersecurity incident affecting the user. Article 56. Deadline for communication regarding events and/or incidents affecting users 50 56.1 Communication to users through mass 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, where applicable. 56.2 Direct communication to customers 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 event that occurred and the actions adopted by the company for each user. Exceptionally and for justified cause, the communication deadline may be extended for a maximum of ten (10) additional business days.
FINAL COMPLEMENTARY PROVISIONS First.- Compliance with the provisions of the Regulation The information that allows accrediting compliance with the provisions of the Regulation must be available to the Superintendency. Second.- Creation of a web page Companies included in the scope of the Regulation that request authorization to operate must have an enabled web page, at the latest on the date they begin their operations. Third.- Application of provisions regarding market conduct management to legal persons not included in the definition of user 51
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 the necessary information must be provided to users regarding charges applicable to their operation. 50 Article incorporated by Resolution SBS No. 1741-2026 published on 02/07/2026, effective from 27/06/2027 51 Substituted by Resolution SBS No. 2304-2020, effective from 23.10.2020
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 32 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 52 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 end, 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 compliance with additional provisions based on the evaluated aspects. This does not limit that, if in the exercise of its supervision 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 leave the application of the Special Regime without effect. Sixth.- Treatment of clients with temporary difficulties for the payment of credits within the framework of a declaration of a state of emergency 53 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 and/or inherent service to credit, as stated in Article 17 of the Regulation. The minimum aspects that companies must implement for the treatment of clients mentioned in the previous paragraph are detailed in Annex No. 6. The justifications for the implementation of these 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 mentioned. Seventh.- Offer of credit cards without membership fees 54 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 membership fees. Companies must inform users about the existence of the credit card without membership fees, prior to the contracting of any credit card, and must keep the support for compliance with this obligation. 52 Substituted by Resolution SBS No. 2304-2020, effective from 23.10.2020 53 Provision incorporated by Resolution SBS No. 1870-2020 of 29/07/2020 54 Provision incorporated by Resolution SBS No. 1870-2020 of 29/07/2020
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 33 These cards must allow access to payment networks and infrastructure, including the consumption of goods and services, without this implying the charging of membership fees, 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 5556 In the case of the commercialization of credit life insurance, regardless of whether it is a condition for contracting, companies must observe the following: 57
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 34 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. 60 Companies must publish on their web page the information of the commercial premium of the credit life insurances they commercialize, indicating the charge for commercialization 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. 61 Ninth.- Development of internal policies and procedures for the attention of persons with disabilities 62 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 the companies. These 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 disabilities has to carry out their financial operations.
TRANSITORY COMPLEMENTARY PROVISIONS First.- 63 For those clients who before 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 the public attention offices, the telephone line and/or the web page, so that clients communicate their email and consent for the sending by said means and/or the making available by other electronic means of said information, in order to comply with what is established in paragraph 54.2 of the Regulation. Companies must keep a record of the communication made by the client. Second.- 64 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 item 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. 60 Item incorporated by Resolution SBS No. 890-2025 of 12/03/2025, effective from 09/09/2025. 61 Paragraph incorporated by Resolution SBS No. 890-2025 of 12/03/2025, effective from 09/09/2025. 62 Provision incorporated by Resolution SBS No. 890-2025 of 12/03/2025, effective from 09/09/2025. 63 Provision incorporated by Resolution SBS No. 3966-2018 of 11/10/2018. 64 Provision incorporated by Resolution SBS No. 1147-2021 effective 18/04/2021.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 35 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 compliance with 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 established 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 replaced 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 aim 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 of account and complaint procedure Companies must send or make available to credit card holders the statement of account, at least monthly, through electronic means (by presenting this information through the web page, email, among others). Customers may request that the statement of account be sent through physical means (delivery to the address indicated by the customer), for which companies must keep a record that allows accrediting this decision. Companies must comply with this requirement in a period not less than five (5) business days prior to the maximum payment date. If holders do not receive the statements of account in a timely manner, they have the right to request them from the companies and these have the obligation to provide a copy of these, 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 of account is not sent or made available, in the following cases:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 36 Article Six.- Within a period that must not exceed sixty (60) days from the date of publication of this Resolution, companies must send to this Superintendency an adaptation plan to the provisions of the Market Conduct Management Regulation for the Financial System. This plan must include the following maximum adaptation deadlines, counted from the validity of the Regulation:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 37 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. The installments include all concepts indicated in the Regulation.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 38 ANNEX N° 1–A CALCULATION OF THE EFFECTIVE ANNUAL COST RATE (TCEA) FOR ACTIVE PRODUCTS UNDER THE REVOLVING SYSTEM To provide comparative information in active products under the revolving system, the calculation of the applicable TCEA for the revolving component must consider the following parameters:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 39 means). On credit cards, the annual membership fee must be considered in installment No. 12. 66 66 Numeral modified by Resolution SBS N° 3966-2018 of 11/10/2018
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 40 ANNEX N° 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 to the opening of the account. Regarding deposits in other currencies, the Superintendency communicates through a 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 employed for the purpose 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.Interests corresponding to the first period (I1), as well as 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)^(P/T) - 1 Where “P” is equal to the number of periods in a year. In case 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 41 ANNEX N° 3 EXAMPLES OF CHARGES THAT DO NOT MEET THE REGULATION'S 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 Matters of 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 42 18. Charges on 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 excess use on the credit card line. 20. Charges for the administration of credits under the revolving system. 21. Charges associated with the receipt or management of banknotes 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 state of emergency. 68 23. Charges for evaluation, administration and/or management of endorsed policy, in the case of credit life insurance, regardless of whether it is or is not a condition for contracting. 6970 24. In banking companies, interbranch charges for withdrawing cash through an ATM of the own bank or at service counters in a locality different from the city where the bank account was opened. 71 25. Charges linked to financial advice linked to the offer, marketing or execution of a contract of financial products or services. 72 26. Charges for carrying out operations at the counters of financial system companies when such operations are carried out by persons with disabilities and who due to that condition are prevented from using a different channel. 73 27. In the company holding the credit, charges for the payment of credit obligations that are made through channels put at the disposal of users 74 The Superintendency 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 68 Numeral incorporated by Resolution SBS Nº 1870-2020 of 29/07/2020 69 Numeral incorporated by Resolution SBS Nº 3748-2020 of 10/12/2021. 70 Numeral modified by Resolution SBS Nº 890-2025 of 12/03/2025, effective from 09/09/2025. 71 Numeral incorporated by Resolution SBS Nº 3748-2020 of 10/12/2021. 72 Numeral incorporated by Resolution SBS Nº 3748-2020 of 10/12/2021. 73 Numeral incorporated by Resolution SBS Nº 890-2025 of 12/03/2025, effective from 09/09/2025. 74 Numeral incorporated by Resolution SBS N° 1741-2026 published on 02/07/2026, effective from 27/06/2027
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 43 ANNEX 4 INFORMATION REFERRED TO BENEFITS, RISKS AND CONDITIONS OF THE FINANCIAL PRODUCT a. Passive products: Considering for such effect the characteristics of the offered passive product, information related to the following must be published – as appropriate –: − Coverage of deposits by the Deposit Insurance Fund, considering for such effect what is provided by the regulatory framework and the manner in which coverage proceeds according to the General Law. − Measures that the user must adopt to preserve the security of the payment medium, if applicable. − Limits that, if applicable, are established to operations executed through that payment medium. − 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 applicable cases, reference to the manner in which currency conversion to that agreed in contracts is determined. − Others at the company's discretion. b. Active products: Considering for such effect the characteristics of the offered active product, information related to the following must be presented – as appropriate –: − Limits that, if applicable, are established to operations executed through that payment medium. − Measures that the user must adopt to preserve the security of the payment medium, if applicable. − Requirements established for the user to contract insurance directly or through an insurance broker. − 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. − Differences between advanced payment and advance payment and the rights that clients have to require their application and the manner in which this proceeds. − In applicable cases, reference to the manner in which currency conversion to that agreed in contracts is determined. − Others at the company's discretion. The Superintendency may update this list 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 44 ANNEX N° 5 75 ABUSIVE PRACTICES IN THE FINANCIAL SYSTEM The practices indicated below, among others determined by the Superintendency, 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 45 7. Conditioning the endorsement of a life insurance in place of 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 lending company as the sole beneficiary, as well as delaying the attention of endorsement requests. 78 78 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 46 ANNEX N° 6 79 TREATMENT OF CLIENTS WITH TEMPORARY DIFFICULTIES IN PAYING CREDITS IN THE FRAMEWORK OF A DECLARATION OF STATE OF EMERGENCY
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 47 1.2.3. From the receipt of the client's application 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 deadline established for the attention of the application, and delivery and/or making available of the proposal by the company, if applicable, cannot exceed seven (07) days from the receipt of the client's application with the complete documentation in accordance with the company's policies and procedures. If the client does not qualify for the next stage of analysis of alternatives, the company must communicate this decision to the client within the same deadline. 1.3 Analysis of alternatives and selection 1.3.1. Grant each client contractual modification alternatives for credit, adequate to their needs and based on the result of the evaluation of their application, which could consider the following alternatives, non-exhaustive, 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 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 easy-to-access channels 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 deadline 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 containing the new agreed conditions, including the consequences for non-payment and for not contacting the financial entity or not responding to its communications, must be carried out through the means and deadlines 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 48 1.4.1 In the event of identifying new temporary difficulties 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 the event of identifying weaknesses, 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 public information available 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 it has the human, technical, and logistical resources that allow compliance 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 where clients do not comply with their payment obligations and do not contact the financial entity, or 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, starting 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 rule the deadlines established in the provisions of this Annex, and through a Multiple Letter, may establish complementary measures.
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