2025-12-04 | Resolución SBS 4320-2025Added · Updated
The SBS amends the Complaints Management Regulation to require supervised entities to provide digital channels for receiving user complaints, aligning with Law No. 32495. It also updates the Commissions and Expenses Regulation by changing the definition of "days" from calendar days to business days. Additionally, it modifies the standard on SBS services and complaint handling to restrict informing complainants only in cases of rejection, in accordance with the General Administrative Procedure Law.
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Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Lima, December 04, 2025 SBS RESOLUTION No. 04320-2025 The Superintendent of Banks, Insurance, and Private Pension Fund Administrators
CONSIDERING:
That, by SBS Resolution No. 4036-2022, the Regulation on Complaints and Requests Management (hereinafter, the Complaints Regulation) was approved, which establishes the general provisions applicable to the handling of complaints and requests submitted by users to supervised companies, defining the response deadlines as well as the channels that companies must enable for receiving these and for communicating their response, considering the new forms of interaction between supervised companies and their users, as a result of technological innovation in an environment of greater digitalization;
That, Law No. 32495, published on November 11, 2025, modified what was established in articles 150 and 151 of Law No. 29571, the Consumer Protection and Defense Code, with the purpose that digital platforms of commercial establishments have a complaints book that is permanently available, visible, and easily accessible;
That, the Sole Complementary Final Provision of Law No. 32495 establishes that this Superintendency must adapt the Complaints Regulation to the modifications provided for in said law, within a maximum period of thirty (30) calendar days counted from its entry into force;
That, in accordance with the aforementioned, the Complaints Regulation is adapted to Law No. 32495, specifying that supervised companies must have digital channels for receiving user complaints, considering the virtual platforms available to each company for the marketing and contracting of their products and services;
That, likewise, it is necessary to adapt the reference to calendar days to business days in the Regulation on Commissions and Expenses of the Financial System, approved by SBS Resolution No. 3748-2021;
This is an electronic document, archived by the Superintendency of Banks, Insurance, and AFP. Its authenticity and integrity can be verified through the following web address: https://servicios.sbs.gob.pe/VerificaSBS/validacion, entering the following: Verification Code: NGCMH5-001. The integrity of the document and the authorship of the signature(s) can be verified at: https://apps.firmaperu.gob.pe/web/validador.xhtml
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000
That, on the other hand, in accordance with what is provided in the Consolidated Text of Law No. 27444, General Administrative Procedure Law, approved by Supreme Decree No. 004-2019-JUS, it only corresponds to inform the complainant in the case of rejection of their complaint, so it is necessary to align what is established in the Standard that regulates the services provided by the SBS to citizens and the handling of complaints against supervised companies, approved by SBS Resolution No. 3141-2024, with the aforementioned Law;
Having the approval of the Adjunct Superintendencies of Banking and Microfinance, Insurance, Pensions, Regulation and Legal Affairs, and of the Market Conduct and Financial Inclusion Management; and,
In exercise of the powers conferred in numerals 7 and 9 of article 349 and, in accordance with the Thirty-Second Final and Complementary Provision of Law No. 26702, General Law of the Financial System and of the Insurance System and Organic Law of the Superintendency of Banks and Insurance, and its amendments;
RESOLVES:
Article First.- Article 8, paragraph 8.1 of the Regulation on Complaints and Requests Management, approved by SBS Resolution No. 4036-2022 and its amendments, is modified, as indicated below:
“Article 8. Channels for attention and response
8.1 Companies must make available to users, at a minimum, the following channels for receiving complaints: a) the network of public service offices, if they have them; b) by telephone; and c) their digital channels, such as website, links in mobile device applications, messaging applications, among other similar ones, if they have them. In the case of requests, companies must make available to users, at a minimum, the network of public service offices, if they have them, and an additional channel from those listed for receiving complaints.
(…)”
Article Second.- Numeral 3 of article 2 of the Regulation on Commissions and Expenses of the Financial System, approved by SBS Resolution No. 3748-2021 and its amendments, is modified, as indicated below:
“Article 2. Definitions
For the purposes of the provisions of this Regulation, the following definitions and references must be considered:
(…)
This is an electronic document, archived by the Superintendency of Banks, Insurance, and AFP. Its authenticity and integrity can be verified through the following web address: https://servicios.sbs.gob.pe/VerificaSBS/validacion, entering the following: Verification Code: NGCMH5-001. The integrity of the document and the authorship of the signature(s) can be verified at: https://apps.firmaperu.gob.pe/web/validador.xhtml
Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000
Article Third.- Article 15 of the Standard that regulates the services provided by the SBS to citizens and the handling of complaints against supervised companies, approved by SBS Resolution No. 3141-2024, is modified, as indicated below:
“Article 15.- Regarding the handling of complaint procedures
15.1 Derivation of complaints that are not within the competence of the SBS
In the event that the reported facts do not correspond to the competence of the SBS, the competent organizational unit informs the citizen about their filing and, in the cases that correspond, transfers the complaint to the competent public body, considering what is provided by the Consolidated Text of the LPAG.
15.2 Complaints within the competence of the SBS without indications of non-compliance.
If there are no elements of judgment that evidence any non-compliance with any of the obligations provided for in the current regulatory framework by the reported company, the complaint is filed.
15.3 Complaints within the competence of the SBS with indications of non-compliance
If, in the opinion of the competent organizational unit, elements of judgment appear that suggest the non-compliance with any of the obligations provided for in the current regulatory framework by the reported company, said information is sent to the corresponding supervisory body for it to adopt the relevant supervisory actions.”
Article Fourth.- This resolution enters into force from the day following its publication in the Official Gazette El Peruano.
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SERGIO JAVIER ESPINOSA CHIROQUE
SUPERINTENDENT OF BANKS, INSURANCE, AND AFP
This is an electronic document, archived by the Superintendency of Banks, Insurance, and AFP. Its authenticity and integrity can be verified through the following web address: https://servicios.sbs.gob.pe/VerificaSBS/validacion, entering the following: Verification Code: NGCMH5-001. The integrity of the document and the authorship of the signature(s) can be verified at: https://apps.firmaperu.gob.pe/web/validador.xhtml
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This document amends: Resolution SBS No. 04036-2022: Approves the Claims and Requests Management Regulation
Source: Superintendencia de Banca Seguros y AFP — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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