SBS Resolution No. 1309-2019: Amending various articles of the regulation governing the services provided by the SBS to citizens and the handling of complaints against supervised companies, approved by SBS Resolution No. 4464-2016

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511)6309000 Fax: (511) 6309239

Lima, March 27, 2019

S.B.S. Resolution
No. 1309-2019

The Superintendent of Banking, Insurance and
Private Pension Fund Administrators

WHEREAS:

That, by SBS Resolution No. 4464-2016, provisions were established regulating the services provided to citizens and the processing of complaints against supervised companies;

That, by the Single Ordered Text of Law No. 27444, General Administrative Procedure Law, approved by Supreme Decree No. 004-2019-JUS, common rules were established for the administrative procedures developed by State entities;

That, consequently, it is necessary to adapt the rule regulating the attention to citizens by the SBS and the handling of complaints against supervised companies, in order to consider the aspects mentioned in the preceding recital;

With the approval of the Deputy Superintendencies of Legal Affairs and Market Conduct and Financial Inclusion; and,

In use of the powers conferred in numerals 7 and 9 of article 349 of the General Law of the Financial System and the Insurance System and Organic Law of the Superintendency of Banking and Insurance, Law No. 26702 and its amending norms and in use of the exception established in numeral 3.2 of article 14 of the Regulation approved by Supreme Decree No. 001-2009-JUS;

RESOLVES:

Article One.- To replace subsection e) of article 2; to replace subsection b) and include subsection c) in numeral 5.2, to replace subsection d) of numeral 5.3 and to replace numeral 5.6 of article 5; to replace subsection b) of numeral 7.2 and to replace subsection d) of numeral 7.3 of article 7; to replace subsection d) of numeral 8.2 of article 8; to replace subsection d) of numeral 9.2 of article 9; to replace subsections f) and g) of numeral 12.2 of article 12; to replace numerals 15.1 and 15.2 of article 15; to replace subsection d) and include subsection j) in numeral 16.1 of article 16; to replace article 17; to replace numeral 18.2 of article 18; and to include article 19 in the Norm regulating the services provided by the SBS to citizens and the handling of complaints against supervised companies, approved by SBS Resolution No. 4464-2016, according to the following texts:

"Article 2.- Definitions and abbreviations

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For the purposes of the provisions of this Regulation, the following definitions shall be considered:
(…) e) TUO of the LPAG: Single Ordered Text of Law No. 27444, General Administrative Procedure Law.
(…)

"Article 5.- Attention of consultations
5.2 The requirements for the attention of consultations through the in-person channel are the following:
(…) b) Accreditation of representation, if applicable:
(…)

• Legal person: i) simple power of attorney letter, with the registry registration data, if applicable, and ii) representative's data: names and surnames; and, type and number of identity document.
  c) Concrete expression of the subject matter of the consultation.
  5.3 The requirements for the attention of consultations through the telephone, virtual, and written channels are the following:
  (…) d) Accreditation of representation, if applicable:
  (…)
• Legal person: i) simple power of attorney letter, with the registry registration data, if applicable, and ii) representative's data: names and surnames; and, type and number of identity document.
  (…)
  5.6 In those cases in which, due to the complexity or technical level of the consultation, a more rigorous analysis is required, whatever the channel of entry of the consultation, it is referred to the written channel for its attention and is attended in accordance with the deadlines established in the SBS TUPA.
  Likewise, if given the complexity of the consultation information is required from the supervised companies or from a third party, the competent organic unit makes the request for the necessary information granting a period of five (5) business days for its remission."

"Article 7.- Issuance of personal credit situation reports
7.2 The requirements for the attention of requests for the issuance of personal credit situation reports, through the in-person channel, are the following:
(…) b) Accreditation of representation, if applicable:
(…)

• Legal person: i) simple power of attorney letter, with the registry registration data, if applicable, and ii) representative's data: names and surnames; and, type and number of identity document.
  (…)
  7.3 The requirements for the attention of requests for the issuance of personal credit situation reports, through the written channel, are the following:
  (…) d) Accreditation of representation, if applicable:

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511)6309000 Fax: (511) 6309239 3 / 5 (…)

• Legal person: i) simple power of attorney letter, with the registry registration data, if applicable, and ii) representative's data: names and surnames; and, type and number of identity document."
  (…)

"Article 8.- Issuance of third-party credit situation reports
8.2 The requirements for the attention of requests for the issuance of third-party credit situation reports are the following:
(…) d) Accreditation of representation, if applicable:
(…)

• Legal person: i) simple power of attorney letter, with the registry registration data, if applicable, and ii) representative's data: names and surnames; and, type and number of identity document."
  (…)

"Article 9.- Rectification of identity data before the SBS Credit Bureau
9.2 The requirements for the attention of rectification requests are the following:
(…) d) Accreditation of representation, if applicable:
(…)

• Legal person: i) simple power of attorney letter, with the registry registration data, if applicable, and ii) representative's data: names and surnames; and, type and number of identity document."
  (…)

"Article 12.- Issuance of proof of deposits or other liabilities of deceased persons
12.2 The requirements for the attention of this service are the following:
(…) f) Number of the File or Electronic Record where the status of heir of the requesting citizen is accredited. g) Accreditation of representation: i) simple power of attorney letter, and ii) representative's data: names and surnames; and, type and number of identity document." (…)

"Article 15.- Processing of complaints
15.1 Complaints within the competence of the SBS, which citizens present against supervised companies, are understood as the notice or bringing to knowledge of a fact or facts that may suppose the existence of indications of violation of the regulatory framework that governs the activities regulated and/or supervised by the Superintendency.
15.2 The processing of complaints is carried out in accordance with the TUO of the LPAG, therefore the complainant is not a subject of the procedure, in that sense the withdrawal of the complainant does not end the procedure".
(…)

"Article 16.- Requirements for the submission of complaints
16.1 Complaints may be made through the channels established for such purpose by the SBS, including the written and virtual channels. For this, the complaint must contain at minimum the following:

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511)6309000 Fax: (511) 6309239 4 / 5 (…) d) Accreditation of representation, if applicable:
(…)

• Legal person: i) simple power of attorney letter, with the registry registration data, if applicable, and ii) representative's data: names and surnames; and, type and number of identity document.
  (…) j) In case the denounced facts are linked to passive operations, express authorization must be granted so that this Superintendency may request information protected by banking secrecy". (…)

"Article 17.- Suspension of the processing of complaints The suspension of the processing of the complaint is carried out in case it is known that, with respect to the same facts, the citizen maintains a cause pending resolution before a competent entity, informing said suspension to the complainant and to the denounced company. The suspension of the processing of the complaint is maintained as long as the cause processed before another entity does not have a final resolution."

"Article 18.- Procedure
Complaints are subject to the following procedure:
(…)
18.2 The competent organic unit communicates to the complainant that, in accordance with the TUO of the LPAG, the complaint has as its sole purpose to bring to the knowledge of the SBS a fact or facts that may suppose the existence of indications of violation of the regulatory framework that governs the activities regulated and/or supervised by the Superintendency."
(…)

"CHAPTER IV
INFORMATION ON COMPLEMENTARY WORK-RISK INSURANCE
Article 19.- Issuance of complementary work-risk insurance certificate
19.1 The attention of requests for the issuance of complementary work-risk insurance certificates has the purpose of informing the citizen about the complementary work-risk insurance contracted by the employer, in the event that the latter performs any of the risk tasks described in Annex 5 of the Regulation of the Law on the Modernization of Social Security in Health, approved by Supreme Decree No. 009-97-SA.
19.2 The requirements for the attention of this service are the following:
a) Data of the requesting citizen: i) names and surnames and ii) type and number of identity document. b) Home address and email, if applicable. c) Contact telephone. d) Accreditation of representation if applicable: i) simple power of attorney letter, and ii) representative's data: names and surnames; and, type and number of identity document. e) Signature or fingerprint, or another mechanism established by the SBS, in case of not knowing how to sign or being impeded.

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19.3 The notification of documents to the citizen is carried out as required at the time of presenting the request for attention of the service, by: i) physical means, to the address that the citizen indicates for such purpose or at the SBS citizen service offices, or ii) electronic means to their email. If no information in this regard is considered, notifications are made to the address indicated by the citizen."

Article Two.- This resolution enters into force on the day following its publication in the Official Gazette El Peruano.

Register, communicate and publish.

SOCORRO HEYSEN ZEGARRA
Superintendent of Banking, Insurance and
Private Pension Fund Administrators