Resolution SBS No. 4464-2016: Approves the Standard Regulating Services Provided by the SBS to Citizens and Complaints Against Supervised Entities

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 1/14 Lima, August 17, 2016

S.B.S. Resolution
No. 4464-2016
The Superintendent of Banks, Insurance and Private Pension Fund Administrators

CONSIDERING:
That, by SBS Resolution No. 200-2003, provisions were established that regulate the operation of the User Attention Platform of the Superintendence of Banks, Insurance and Private Pension Fund Administrators (hereinafter, the SBS), as the department responsible for providing services to citizens; That, since 2003, the SBS has expanded the channels of attention and services made available to citizens; in-person attention has been decentralized, being provided in Lima through the User Attention Platform, and in the different regions of the country through Decentralized Offices and Regional Modules; That, by SBS Resolution No. 1906-2016, a new version of the Regulation on Organization and Functions of the Superintendence of Banks, Insurance and Private Pension Fund Administrators was approved, in which, with the aim of having an integral view of the supervised entity by the Deputy Superintendent of Market Conduct and Financial Inclusion, it is ordered to assign as the instructing body in the administrative sanctioning procedure, the Market Conduct Supervision Department, within its scope of competence, and remove this function from the User Attention Platform; That, the SBS has as a permanent objective the improvement of the services it provides to the citizen, seeking efficiency and quality in its actions, taking as a basis the criteria established by Law No. 27658, Framework Law for the Modernization of State Management, Supreme Decree No. 109-2012-PCM which approved the National Strategy for the Modernization of Public Management, Supreme Decree No. 004-2013-PCM which approved the National Policy for the Modernization of Public Management within the framework of what is provided by Law No. 27658; as well as the Manual to Improve Attention to Citizenship in Entities of the Public Administration, approved by Ministerial Resolution No. 186-2015-PCM; That, consequently, it is necessary to adapt the norm that regulates attention to citizens by the SBS, and the attention of complaints against supervised companies, with the purpose of considering the aspects mentioned in the preceding considerations; as well as establishing additional provisions related to the services that the SBS provides to citizens; That, in order to collect opinions from the general public regarding the regulatory proposal, the pre-publication of the draft resolution on the matter was ordered on the electronic portal of the Superintendence, under the provisions of Supreme Decree No. 001-2009-JUS;

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 2/14 Having obtained the approval of the Deputy Superintendencies of Market Conduct and Financial Inclusion and Legal Advice; and, In exercise of the powers conferred by numeral 19 of article 349º of the General Law of the Financial System and the Insurance System and Organic Law of the Superintendence of Banks and Insurance, Law No. 26702 and its amendments, and by the Single Consolidated Text of the Law of the Private System of Administration of Pension Funds, approved by Supreme Decree No. 054-97-EF;

RESOLVES:
Article First.- Approve the Standard that regulates the services provided by the SBS to citizens and the attention of complaints against supervised companies.

STANDARD THAT REGULATES THE SERVICES PROVIDED BY THE SBS TO CITIZENS AND THE ATTENTION OF COMPLAINTS AGAINST SUPERVISED COMPANIES

CHAPTER I
GENERAL ASPECTS

Article 1.- Scope
This Standard contains the provisions that regulate the conduct of the SBS with regard to:
a) The services provided to the citizen. b) The processing of complaints against supervised companies.
The service attention to citizens and the processing of complaints are the responsibility of the User Attention Platform (PAU), Decentralized Offices (OD) or Regional Modules (MR), organic units dependent on the Deputy Superintendent of Market Conduct and Financial Inclusion, according to the territorial scope of competence.

Article 2.- Definitions and abbreviations
For the purposes of what is provided in this Standard, the following definitions and abbreviations are taken into account:
a) Citizen: natural or legal person who requests the services of the SBS, or who presents a complaint. b) Identity document: national identity document for Peruvians, and the foreigner's ID card, passport or legally established document for the identification of foreigners, as applicable. c) Supervised company: natural or legal person that is under the supervision scope of the SBS. d) General Law: General Law of the Financial System and the Insurance System and Organic Law of the Superintendence of Banks and Insurance, Law No. 26702 and its modifying norms. e) TUO of the LPAG: Single Consolidated Text of Law No. 27444, General Administrative Procedure Law. 1 1 Literal replaced by SBS Resolution No. 1309-2019 of 03/27/2019

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 3/14 f) SBS: Superintendence of Banks, Insurance and Private Pension Fund Administrators. g) SPP: Private Pension System. h) TUPA: Single Document of Administrative Procedures of the SBS.

CHAPTER II
SERVICES FOR CITIZENS

SUBCHAPTER I
ATTENTION AND NOTIFICATION CHANNELS

Article 3.- Accessibility and channels of attention
3.1 The SBS makes the following channels of attention available to citizens:
a) In-person: at citizen attention offices nationwide, whose list is located on the institutional web portal: www.sbs.gob.pe. b) Written: through communications presented at the SBS reception desks nationwide, whose list is located on the institutional web portal: www.sbs.gob.pe. c) Virtual: through the institutional web portal www.sbs.gob.pe/usuarios, SBS mobile applications and others determined by the SBS. d) Telephone: through the toll-free line 0-800-10840 or others determined by the SBS.
3.2 Citizens are attended through one or all of the channels, as established for each service.
3.3 At each of the SBS reception desks, as well as on the institutional web portal, formats for the request of service attention are made available to citizens, for cases where applicable.

Article 4.- Compliance with requirements
4.1 Communications are considered received from the moment they are presented with all the information and documentation foreseen as a requirement, taking this into account for the start of the counting of deadlines.
4.2 If the citizen does not comply with presenting all the requirements established in the TUPA, reception desk staff, if said channel of attention has been used, communicates the fact by recording in the file the observation made, which must specify that they have a deadline of two (2) business days to remedy the observations found. A copy of this information must be delivered to the citizen. In this case, the file is registered as incomplete. If the citizen does not comply with remedying the requirements within the granted deadline, the file is archived. In this case, the citizen has the right to present a new request for service attention with complete requirements.
4.3 If non-compliance with requirements is detected subsequently, or a channel of attention different from that indicated in the preceding numeral 4.2 is used, the citizen is informed about the observations found and the archiving of the file, specifying that they have the right to present a new request for service attention with complete requirements.

SUBCHAPTER II
INQUIRIES AND SPECIALIZED ORIENTATION

Article 5.- Inquiry attention

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 4/14
5.1 The attention of inquiries from citizens seeks to resolve a situation of uncertainty or ignorance regarding some activity or practice of supervised companies, or about the regulatory framework that regulates them, so it has an orienting purpose. The opinions issued in response to formulated inquiries are not binding for the solution of concrete controversies that might exist.
5.2 The requirements for inquiry attention through the in-person channel are the following:
a) Citizen data:
− Natural person: i) first and last names and ii) type and number of identity document.
− Legal person: i) trade name or corporate name and ii) unique taxpayer registry number (RUC). b) Proof of representation, if applicable:
− Natural person: i) simple power of attorney and ii) representative data: name and surname; and, type and number of identity document.
− Legal person: i) simple power of attorney, with registration inscription data, if applicable, and ii) representative data: first and last names; and, type and number of identity document. 2 c) Concrete expression of the subject of the inquiry. 3
5.3 The requirements for inquiry attention through the telephone, virtual and written channels are the following:
a) Citizen data:
− Natural person: i) first and last names and ii) type and number of identity document.
− Legal person: i) trade name or corporate name and ii) RUC number. b) Home address and email, if applicable. c) Contact phone. d) Proof of representation, if applicable:
− Natural person: i) simple power of attorney and ii) representative data: first and last names; and, type and number of identity document.
− Legal person: i) simple power of attorney, with registration inscription data, if applicable, and ii) representative data: first and last names; and, type and number of identity document. 4 e) If done through written channel: signature or digital fingerprint, or other mechanism established by the SBS, in case of not knowing how to sign or being impeded.
5.4 Inquiry attention through the in-person and telephone channels is carried out verbally. In the case of inquiries formulated through the virtual channel, the response is sent to the email address provided by the citizen, or through the virtual applications made available by the SBS. If required by the user at the time of making the request, the response can be provided telephonically to the number provided by the citizen.
5.5 In the case of inquiries presented through the written channel, notification of documents to the citizen is carried out as requested at the time of presenting the service attention request, by: i) physical means, to the address indicated for such effect or at the SBS citizen attention offices, or ii) electronic means, to their email. If no information is considered regarding this, notifications are made to the address indicated by the citizen.
5.6 In those cases where, due to the complexity or technical level of the inquiry, a more rigorous analysis is required, regardless of the entry channel of the inquiry, it is derived to the written channel for attention and is attended according to the deadlines established in the SBS TUPA.
Likewise, if given the complexity of the inquiry, information from supervised companies or a third party is required, the competent organic unit requests the necessary information granting a deadline of five (5) business days for its transmission. 5

Article 6.- Pension orientation service
6.1 The provision of the pension orientation service is carried out for citizens who fall into the following categories:
a) Potential affiliate: person who, without being included in the following literals, voluntarily requests information related to the SPP. b) Affiliate: worker who belongs to the SPP, who throughout their working life contributes to a pension fund, called Individual Capitalization Account (CIC). c) Beneficiary: person who, according to the regulatory framework of the SPP, receives survivor benefits upon the death of the affiliate. d) Potential pensioner: affiliate or beneficiary who is close to accessing withdrawal and/or pension options, in the modalities of retirement, disability or survival, as applicable, according to the criteria and conditions established in the regulatory framework of the SPP.
6.2 The service of orientation aims to provide specialized information, regarding their pension situation, as well as regarding the benefits offered in the SPP. The opinions issued as part of the pension orientation service are not binding regarding the decisions that citizens may freely take within the framework of the SPP regulations.
6.3 To access the pension orientation service, the citizen must request an appointment through the telephone, virtual or in-person channel. The orientation is provided in person at the SBS citizen attention offices; or, telephonically, if the citizen so requests at the time of making their request.
6.4 The requirements for granting appointments for pension orientation are the following:
a) Citizen data: i) first and last names and ii) type and number of identity document. b) Home address and email, if applicable. c) Contact phone. d) Topic on which orientation is required. e) Proof of representation, if applicable: simple power of attorney and representative data: i) first and last names; and, ii) type and number of identity document.

SUBCHAPTER III
SERVICE FOR ISSUANCE OF REPORTS FROM THE SBS RISK CENTRAL

Article 7.- Issuance of personal credit status reports
5 Numeral replaced by SBS Resolution No. 1309-2019 of 03/27/2019

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 6/14
7.1 Access to the personal credit status report service of the SBS Risk Central, which contains information on active operations and the rating that each reporting entity grants to its clients according to the criteria established by current regulations, is carried out through the in-person, written and virtual channels:
a) Access to the last monthly personal report published by the SBS is free through the in-person and written channels, once every semester of the calendar year. b) Access to the last monthly personal report published by the SBS is free through the virtual channel by accessing the institutional web portal: www.sbs.gob.pe or the SBS mobile application. c) In cases other than those indicated in the preceding literals a) and b), the citizen must make payment of the rate established in the TUPA.
7.2 The requirements for attending requests for issuance of personal credit status reports, through the in-person channel, are the following:
a) Citizen data:
− Natural person: i) first and last names and ii) type and number of identity document.
Legal person: i) trade name or corporate name and ii) RUC number. b) Proof of representation, if applicable:
− Natural person: i) simple power of attorney and ii) representative data: first and last names; and, type and number of identity document.
− Legal person: i) simple power of attorney, with registration inscription data, if applicable, and ii) representative data: first and last names; and, type and number of identity document. 6 c) Payment of the rate established in the TUPA, if applicable.
7.3 The requirements for attending requests for issuance of personal credit status reports, through the written channel, are the following:
a) Citizen data:
− Natural person: i) first and last names and ii) type and number of identity document.
− Legal person: i) trade name or corporate name and ii) RUC number. b) Home address and email, if applicable. c) Contact phone. d) Proof of representation, if applicable:
− Natural person: i) simple power of attorney and ii) representative data: first and last names; and, type and number of identity document.
− Legal person: i) simple power of attorney, with registration inscription data, if applicable, and ii) representative data: first and last names; and, type and number of identity document. 7 e) Payment of the rate established in the TUPA, if applicable. f) Signature or digital fingerprint, or other mechanism established by the SBS, in case of not knowing how to sign or being impeded.
7.4 In the case of report issuance requested through the written channel, notification of documents to the citizen is carried out as requested at the time of presenting the service attention request, by: i) physical means, to the address indicated for such effect or at the SBS citizen attention offices, or ii) electronic means to their email. If no information is considered regarding this, notifications are made to the address indicated by the citizen.
6 Literal replaced by SBS Resolution No. 1309-2019 of 03/27/2019 7 Literal replaced by SBS Resolution No. 1309-2019 of 03/27/2019

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 7/14
7.5 In the case of requests presented through the virtual channel, enabled only for natural persons, validation of the citizen's identity document data is required.

Article 8.- Issuance of third-party credit status reports
8.1 The attention of requests for access to credit status reports of the SBS Risk Central regarding third parties, which contain information on active operations and the rating that each reporting entity grants to its clients according to the criteria established by current regulations, is carried out through the written channel and is provided as long as the existence of legitimate and direct interest is accredited. The SBS determines if the grounds presented by citizens accredit such requirement, in which case payment of the rate established in the TUPA is required.
8.2 The requirements for attending requests for issuance of third-party credit status reports are the following:
a) Citizen data:
− Natural person: i) first and last names and ii) type and number of identity document.
− Legal person: i) trade name or corporate name and ii) RUC number. b) Home address and email, if applicable. c) Contact phone. d) Proof of representation, if applicable:
− Natural person: i) simple power of attorney and ii) representative data: first and last names; and, type and number of identity document.
− Legal person: i) simple power of attorney, with registration inscription data, if applicable, and ii) representative data: first and last names; and, type and number of identity document. 8 e) Payment of the rate established in the TUPA, if applicable. f) If done through written channel: signature or digital fingerprint, or other mechanism established by the SBS, in case of not knowing how to sign or being impeded. g) Grounds for the existence of legitimate and direct interest.
8.3 Notification of documents to the citizen is carried out as requested at the time of presenting the service attention request, by: i) physical means, to the address indicated for such effect or at the SBS citizen attention offices, or ii) electronic means. If no information is considered regarding this, notifications are made to the address indicated by the citizen.

Article 9.- Rectification of identity data before the SBS Risk Central
9.1 The attention of requests for rectification of citizen identity data before the SBS Risk Central is carried out through the written channel and aims to correct errors regarding the following:
a) The SBS code assigned to the citizen; b) Citizen data: their first and/or last names in the case of natural persons, or their trade name or corporate name, in the case of legal persons; or c) Identity document or RUC.
9.2 The requirements for attending rectification requests are the following:
a) Citizen data:
− Natural person: i) first and last names and ii) type and number of identity document.
− Legal person: i) trade name or corporate name; and ii) RUC number. b) Home address and email, if applicable.
8 Literal replaced by SBS Resolution No. 1309-2019 of 03/27/2019

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 8/14 c) Contact telephone. d) Proof of representation, if applicable:
− Natural person: i) simple power of attorney and ii) representative data: full name; and type and number of identity document.
− Legal entity: i) simple power of attorney, with registration data, if applicable, and ii) representative data: full name; and type and number of identity document. 9 e) Signature or digital fingerprint, or other mechanism established by the SBS, in case of inability to sign or being impeded.
9.3 If the rectification request is deemed appropriate, the last report issued including the correction of their data is sent free of charge to the citizen.
9.4 Notification of documents to the citizen is carried out as requested at the time of submitting the service attention request, by: i) physical means, to the address indicated for this purpose or at the SBS citizen attention offices, or ii) electronic means to their email address. If no information regarding this is provided, notifications are made to the address indicated by the citizen.
SUBCHAPTER IV
ISSUANCE OF CERTIFICATES RELATED TO THE PPS
Article 10.- Issuance of affiliation certificate
10.1 Attention to requests for the issuance of affiliation certificates, which aim to verify whether the citizen is affiliated with the PPS as provided in the Compendium of Regulatory Supervision Standards of the PPS, is carried out through written and virtual channels.
10.2 The requirements for attending to this service are as follows:
a) Citizen data: i) full name and ii) type and number of identity document. b) Home address and email address, if applicable. c) Contact telephone. d) Proof of representation, if applicable: i) simple power of attorney and ii) representative data: full name; and type and number of identity document. e) If submitted via written channel: signature or digital fingerprint, or other mechanism established by the SBS, in case of inability to sign or being impeded.
10.3 In the case of requests submitted through the virtual channel, validation of the citizen's identity document data is performed.
10.4 Notification of documents to the citizen is carried out as requested at the time of submitting the service attention request, by: i) physical means, to the address indicated for this purpose or at the SBS citizen attention offices, or ii) electronic means to their email address. If no information regarding this is provided, notifications are made to the address indicated by the citizen.
Article 11.- Issuance of pensioner status certificate
9 Literal replaced by SBS Resolution No. 1309-2019 of 03/27/2019

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 9/14
11.1 Attention to requests for the issuance of pensioner status certificates, which aim to verify whether the citizen is a pensioner in the PPS, under any of the pension modalities provided in the Compendium of Regulatory Supervision Standards of the PPS, is carried out through written and virtual channels.
11.2 The requirements for attending to this service are as follows:
a) Citizen data: i) full name and ii) type and number of identity document. b) Home address and email address, if applicable. c) Contact telephone. d) Proof of representation, if applicable: i) simple power of attorney and ii) representative data: full name; and type and number of identity document. e) If submitted via written channel: signature or digital fingerprint, or other mechanism established by the SBS, in case of inability to sign or being impeded.
11.3 In the case of requests submitted through the virtual channel, validation of the citizen's identity document data is performed.
11.4 Notification of documents to the citizen is carried out as requested at the time of submitting the service attention request, by: i) physical means, to the address indicated for this purpose or at the SBS citizen attention offices, or ii) electronic means to their email address. If no information regarding this is provided, notifications are made to the address indicated by the citizen.
SUBCHAPTER V
INFORMATION RELATED TO DECEASED PERSONS
Article 12.- Issuance of certificate of deposits or other liabilities of deceased persons
12.1 Attention to requests for the issuance of certificates of deposits or other liabilities made by citizens, whose object is to inform the heir about the existence or non-existence of deposits or other liabilities owned by the deceased person, according to information provided by financial system companies, as provided by Law No. 30152, Law on Informed Heirs in Passive Financial Services, and complementary norms, is carried out through the written channel.
12.2 The requirements for attending to this service are as follows:
a) Data of the citizen who has the condition of heir: i) full name and ii) type and number of identity document. b) Home address and email address, if applicable. c) Contact telephone. d) Data of the deceased person: i) full name and ii) type and number of identity document; and iii) date of death. e) Simple copy of the death certificate or birth record, or of the judicial resolution consented to or enforced due to presumed death. f) Number of Electronic Record or Sheet of the Inscription of Intestate Succession at SUNARP, specifying the Registry Office, or simple copy of the inscription of the Will at SUNARP; where the heir quality of the requesting citizen is accredited. 10 g) Proof of representation: i) simple power of attorney, and ii) representative data: full name; and type and number of identity document. 11 10 Numeral modified by SBS Resolution No. 1309-2019 of 03/27/2019 and replaced by Res. SBS No.1771-2020, published on 08.07.2020 and effective from 09.07.2020.

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 10/14 h) Signature or digital fingerprint, or other mechanism established by the SBS, in case of inability to sign or being impeded.
12.3 Notification of documents to the citizen is carried out as requested at the time of submitting the service attention request, by: i) physical means, to the address indicated for this purpose or at the SBS citizen attention offices, or ii) electronic means to their email address. If no information regarding this is provided, notifications are made to the address indicated by the citizen.
Article 13.- Issuance of certificates of life and personal accident insurance policies with coverage for death or accidental death
13.1 Attention to requests for the issuance of Certificates of Life and Personal Accident Insurance Policies with Coverage for Death or Accidental Death of citizens, which aim to inform, upon the death of a citizen, about the existence or non-existence of policies with death coverage contracted in their favor, according to information provided by insurance system companies, as provided by Law No. 29355, its regulations and complementary norms, is carried out through written and virtual channels.
13.2 The requirements for attending to this service are as follows:
a) Citizen data: i) full name; and ii) type and number of identity document. b) Home address and email address, if applicable. c) Contact telephone. d) Relationship with the deceased person. e) Data of the deceased person: i) full name, ii) type and number of identity document and iii) date of death. f) Simple copy of the death certificate or birth record, or of the judicial resolution consented to or enforced due to presumed death. g) Proof of representation: i) simple power of attorney and ii) representative data: full name; and type and number of identity document. h) If submitted via written channel: signature or digital fingerprint, or other mechanism established by the SBS, in case of inability to sign or being impeded.
13.3 In the case of requests submitted through the virtual channel, validation of the citizen's identity document data is performed.
13.4 Notification of documents to the citizen is carried out as requested at the time of submitting the service attention request, by: i) physical means, to the address indicated for this purpose or at the SBS citizen attention offices, or ii) electronic means to their email address. If no information regarding this is provided, notifications are made to the address indicated by the citizen.
Article 14.- Issuance of other reports and certificates related to deceased persons
14.1 Attention to requests for the issuance of credit situation reports and affiliation certificates related to deceased persons is carried out through the written channel, to which effect, in addition to presenting the requirements established in articles 7 and 10, respectively, citizens must present the following:
a) Relationship with the deceased person.
11 Numeral modified by SBS Resolution No. 5891-2016, published on 10.11.2016 and replaced by SBS Resolution No. 1309-2019 of 03/27/2019

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 11/14 b) Data of the deceased person: i) full name and ii) type and number of identity document; and iii) date of death. c) Simple copy of the death certificate or birth record, or of the judicial resolution consented to or enforced due to presumed death.
14.2 Notification of documents to the citizen is carried out as requested at the time of submitting the service attention request, by: i) physical means, to the address indicated for this purpose or at the SBS citizen attention offices, or ii) electronic means to their email address. If no information regarding this is provided, notifications are made to the address indicated by the citizen.
CHAPTER III
PROCESSING OF COMPLAINTS
Article 15.- Processing of complaints
15.1 Complaints within the competence of the SBS, presented by citizens against supervised companies, are understood as the notice or bringing to knowledge of a fact or facts that may imply the existence of indications of violation of the regulatory framework governing activities regulated and/or supervised by the Superintendency. 12
15.2 The processing of complaints is carried out in accordance with the TUO of the LPAG, so that the complainant is not a subject of the procedure; in this sense, the withdrawal of the complainant does not end the procedure. 13
15.3 The attention of complaints is not directed to resolve particular controversies or discussions on contractual aspects that may exist between a supervised company and citizens, which corresponds to be resolved by competent authorities; with the exception of the powers granted within the framework of what is provided by the Second Complementary Final Provision of the Consumer Protection and Defense Code for the case of the PPS, according to the complaint resolution procedure presented against entities participating in the PPS.
Article 16.- Requirements for the presentation of complaints
16.1 Complaints can be formulated through the channels established for this purpose by the SBS, including written and virtual channels. For this, the complaint must contain as a minimum the following:
a) Complainant data:
− Natural person: i) full name and ii) type and number of identity document.
− Legal entity: i) trade name or corporate name and ii) RUC number. b) Home address and email address, if applicable. c) Contact telephone. d) Proof of representation, if applicable:
− Natural person: i) simple power of attorney and ii) representative data: full name; and type and number of identity document.
− Legal entity: i) simple power of attorney, with registration data, if applicable, and ii) representative data: full name; and type and number of identity document. 14 12 Numeral replaced by SBS Resolution No. 1309-2019 of 03/27/2019 13 Numeral replaced by SBS Resolution No. 1309-2019 of 03/27/2019 14 Subsection replaced by SBS Resolution No. 1309-2019 of 03/27/2019

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 12/14 e) Identification of the accused supervised company. f) Concrete expression of the facts allegedly contrary to the regulations governing supervised companies; and, if possible, the legal grounds supporting the complaint. g) Copy of the corresponding supporting documents, when submitted via written channel. In the case of the virtual channel, the referred supporting documents must be attached in “Adobe Acrobat - pdf” format. h) List of documents and attachments included. i) If submitted via written channel: signature or digital fingerprint, or other mechanism established by the SBS, in case of inability to sign or being impeded. j) In case the alleged facts are linked to passive operations, express authorization must be granted so that this Superintendency may request information protected by bank secrecy. 15
16.2 In the case of complaints submitted by natural persons, through the virtual channel, validation of the citizen's identity document data is performed.
16.3 In case it is verified that there is a lack of compliance with any requirement that could not be noticed at the time of submitting the complaint at the reception desk, or if it was submitted through another channel, through communication to the address, email, or telephone number indicated by the citizen, they are informed only once that they have a term of five (5) working days to remedy the observations found; otherwise, the file will be archived, specifying that they have the right to submit a new complaint, for which they must attach all the information and documentation required by regulation.
Article 17.- Suspension of the processing of complaints
The suspension of the complaint processing is carried out in case it is known that, regarding the same facts, the citizen maintains a pending cause for solution before a competent entity, informing said suspension to the complainant and the accused company. The suspension of the complaint processing remains in effect as long as the cause processed before another entity does not have a final resolution. 16
Article 18.- Procedure
Complaints are subject to the following procedure:
18.1 The competent organizational unit carries out preliminary inquiries, for which it requires the supervised company to send information related to the reported case. The term for sending the information is ten (10) working days. The supervised company may request an extension within the aforementioned term, a request that must be substantiated to be evaluated by the competent organizational unit. To formulate the information request and obtain the response from the supervised company, the SBS Supervised Portal may be used, if established.
18.2 The competent organizational unit communicates to the complainant that, in accordance with the TUO of the LPAG, the complaint has the sole purpose of bringing to the knowledge of the SBS a fact or facts that may imply the existence of indications of violation of the regulatory framework governing activities regulated and/or supervised by the Superintendency. 17
15 Subsection included by SBS Resolution No. 1309-2019 of 03/27/2019 16 Article replaced by SBS Resolution No. 1309-2019 of 03/27/2019 17 Numeral replaced by SBS Resolution No. 1309-2019 of 03/27/2019

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 13/14
18.3 If from the actions taken, sufficient elements of judgment appear to suggest that the supervised company may have developed conduct contrary to current regulations, the competent organizational unit sends information about the detected alleged conduct to the instructing body so that relevant supervision actions take place; informing the complainant about this.
If, on the contrary, there are no elements of judgment evidencing alleged conduct violating current regulations by the accused company, this is informed to the complainant. The letter issued by the competent organizational unit cannot be challenged by the complainant since they do not have the status of a party in the complaint processing procedure, which is developed ex officio.
18.4 In case the alleged facts do not correspond to the competence of the SBS, the competent organizational unit informs the citizen about the archiving of the complaint and, in applicable cases, transfers the complaint to the competent public organism, considering what is provided by article 130° of the LPAG.
18.5 Notification of documents to the citizen is carried out as requested at the time of submitting the complaint, by: i) physical means, to the address indicated for this purpose or at the SBS citizen attention offices, or ii) electronic means to their email address. If no information regarding this is provided, notifications are made to the address indicated by the citizen.
CHAPTER IV
INFORMATION ON COMPLEMENTARY WORK RISK INSURANCE
Article 19.- Issuance of certificate of complementary work risk insurance 18
19.1 Attention to requests for the issuance of certificates of complementary work risk insurance aims to inform the citizen about the complementary work risk insurance contracted by the employer, in case the latter performs any of the risk labor described in Annex 5 of the Regulations of the Law on Modernization of Social Security in Health, approved by Supreme Decree No. 009-97-SA.
19.2 The requirements for attending to this service are as follows:
a) Data of the requesting citizen: i) full name and ii) type and number of identity document. b) Home address and email address, if applicable. c) Contact telephone. d) Proof of representation if applicable: i) simple power of attorney, and ii) representative data: full name; and type and number of identity document. e) Signature or digital fingerprint, or other mechanism established by the SBS, in case of inability to sign or being impeded.
19.3 Notification of documents to the citizen is carried out as requested at the time of submitting the service attention request, by: i) physical means, to the address indicated for this purpose or at the SBS citizen attention offices, or ii) electronic means to their email address. If no information regarding this is provided, notifications are made to the address indicated by the citizen.
18 Article included by SBS Resolution No. 1309-2019 of 03/27/2019

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 14/14 FINAL AND TRANSITIONAL PROVISIONS First.- Failure to comply with the obligation to inform Failure by supervised companies to remit the information requested by the competent organizational unit, within the terms indicated, constitutes a sanctionable offense as established by the Sanctions Regulation, approved by SBS Resolution No. 816-2005, the norms that modify or replace it. Second.- Complaints in progress Complaints that are in progress adapt to what is provided in this Resolution, insofar as applicable. Third.- Application of the Sanctions Regulation Sanctioning administrative procedures are governed by the provisions contained in the Sanctions Regulation, approved by SBS Resolution No. 816-2005, the norms that modify or replace it. Second Article.- Modify subsections 1 and 2 and incorporate subsection 5 into article 4 of the Standard regulating the Certificate of deposits or other passive products of deceased persons, approved by SBS Resolution No. 1188-2014, according to the following text:
“Article 4.- Procedure

1. Heirs must request the certificate of deposits in the financial system from the Superintendency, attaching the following documentation:
   a) Full name; and type and number of identity document. b) Home address and email address, if applicable. c) Contact telephone. d) Data of the deceased person: i) full name and ii) type and number of identity document; and iii) date of death. e) Simple copy of the death certificate or birth record, or of the judicial resolution consented to or enforced due to presumed death. f) Document accrediting the heir quality of the applicant, such as the certified copy of the declaration of heirs or will inscribed in the Public Registries. For this purpose, access to the institutional notary service may be utilized. g) Proof of representation: i) simple power of attorney and ii) representative data: full name; and type and number of identity document. h) Signature or digital fingerprint, or other mechanism established by the SBS, in case of inability to sign or being impeded.
2. Through the use of the application, the Superintendency sends the information request to companies so that they report the existence of deposits owned by the deceased. Companies, within a maximum term of five (5) working days, calculated from the date and time when said request entered the company's application inbox, must attend -through the application- the Superintendency's request. Companies must send information –only– on whether there are or are not deposits of sole or joint ownership of the deceased. In

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 15/14 case where deposits have the quality of joint ownership, they must be limited to the information requested in the name of the deceased.”
(…)
5. The application submitted by the user is subject to what is provided in the Standard that regulates the services provided by the SBS to citizens and the handling of complaints against supervised companies.
Article Third.- Modify the denomination of Chapter V, articles 22° and 23° and the last paragraph of article 27° of Chapter V of Title IV of the Compendium of Regulatory Supervision Norms of the Private System of Administration of Pension Funds approved by Resolution SBS N° 355-2005 and its modifying norms, according to the following text:
“CHAPTER V
PENSION ORIENTATION SERVICE
“Pension Orientation
Article 22º.- The pension orientation service is governed by what is provided in the Standard that regulates the services provided by the SBS to citizens and the handling of complaints against supervised companies.”
“Definitions
Article 23º.- For the purposes of what is provided in this chapter and related regulatory norms, consider the following definitions and references:
Potential pensioner: Affiliate or beneficiary who is close to accessing withdrawal options and/or pension, as appropriate with the provisions established at the level of the SPP Law and according to any of the following criteria and conditions:
Retirement:
a) Affiliates over sixty (60) years old who could have access to some type or regime of retirement in the SPP. b) Affiliates who, without being included for age reasons in the previous item, voluntarily request information and/or an evaluation of their pension situation from the AFP for the purpose of soon accessing a retirement pension. Disability: Affiliates who have signed the Request for Evaluation and Qualification of Disability. Survivorship: Beneficiaries who have signed Section I of the Survivorship Pension Request. Without prejudice to this, the condition of beneficiary close to retiring can also be configured previously to the presentation of the aforementioned request, provided that the AFP has formally taken knowledge of the death of the affiliate.” “Attention Certificate
Article 27.-
(…)
Without prejudice to this, the AFPs must conserve, in the Individual Folder of the Affiliate, a copy of the Attention Certificate duly signed by the potential pensioner, unless it is a virtual Attention Certificate in which case it must additionally conserve the receipt of reception of the potential pensioner as a consequence of the physical sending of said document referred to in this article”.

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 16/14
Article Fourth.- Repeal articles 24°, 25°, 26° and 28° of Chapter V of Title IV of the Compendium of Regulatory Supervision Norms of the Private System of Administration of Pension Funds approved by Resolution SBS N° 355-2005 and its modifying norms
Article Fifth.- This Resolution enters into force the day following its publication in the Official Gazette El Peruano, on which date Resolution SBS Nº 200-2003 and its modifying norms become void.

Register, communicate and publish.
JAVIER MARTIN POGGI CAMPODONICO
Superintendent of Banking, Insurance and Private Pension Fund Administrators (e)