SBS Resolution No. 4345-2025: Amending the Rules for Coverage, Resources and Payment of Covered Deposits under the Deposit Insurance Fund, Approved by SBS Resolution No. 0657-99

Los Laureles No. 214 - Lima 27 - Peru Tel.: (511)6309000 Lima, December 10, 2025 SBS RESOLUTION NO. 04345-2025 The Superintendent of Banks, Insurance and Private Pension Fund Administrators CONSIDERING:
That, article 182 of the General Law of the Financial System and of Insurance Systems and Organization of the Superintendence of Banks and Securities - Law No. 26702 and its modifying regulations, hereinafter General Law, states that deposits, securities or other assets of clients remaining in a financial system company for ten years, without new deposits being made nor part thereof or their interest withdrawn and without a claim during that period, along with their respective yields, constitute resources of the Deposit Insurance Fund; That, through SBS Resolution No. 0657-99 and its amendments, the Rules for Coverage, Resources and Payment of Covered Deposits under the Deposit Insurance Fund were approved, which establish the regulation of the functioning and operations of said Fund; That, it is necessary to clarify the treatment applicable to immobilized deposits, securities or other assets, in order to guarantee an adequate interpretation of the inaction scenarios that enable their transfer to the Deposit Insurance Fund; That, in this sense, it is necessary to amend the Rules for Coverage, Resources and Payment of Covered Deposits under the Deposit Insurance Fund, to specify that, regarding immobilized deposits, securities or other assets, agreed automatic renewal clauses between the parties constitute new deposits, as they reflect the express will to continue the contractual relationship, and therefore should not be considered part of the immobilization period. Likewise, deposits, securities or assets with restrictions on free disposal cannot be classified as inactive while such limitation lasts, and the immobilization period shall only begin from the moment it is legally possible to dispose of them freely; That, for the transfer of assets to the Deposit Insurance Fund, certain criteria must be met in searching for the owner or beneficiary of said deposits, so that withdrawals or cancellations can be carried out within established deadlines; That, regarding this, it is necessary to amend the Rules for Coverage, Resources and Payment of Covered Deposits under the Deposit Insurance Fund, to establish an additional criterion for searching depositors who have assets whose value exceeds ten (10) UIT, so that companies make an additional effort to contact clients through active searches for contact data on social networks and other public information sources; That, article 182 of the General Law, when referring to assets immobilized for a period exceeding ten years states that these assets constitute resources of the Deposit Insurance Fund, without establishing provisions on their ownership, whereby the Fund does not acquire ownership of such assets, but administers them as part of its resources, without this implying a change in their ownership regime; Having obtained the approval of the Adjunct Superintendencies of Banking and Microfinance and of Regulation and Legal Affairs; and, In exercise of the powers conferred under paragraphs 7 and 9 of
article 349 of the General Law, and based on what is stated in the Thirty-Second Final and Complementary Provision of the General Law; RESOLVES:
Article One. - Amend the Rules for Coverage, Resources and Payment of Covered Deposits under the Deposit Insurance Fund, approved by SBS Resolution No. 657-99 and its amendments, as follows:

1. Substitute paragraph 1) of article 13 “Assets Subject to Transfer” and paragraph 4) of article 14 “Transfer Procedure”, as follows:
   “Article 13. - ASSETS SUBJECT TO TRANSFER
   1) The deposits, securities or other assets immobilized for ten years referred to in article 182 of the General Law. For their identification, the following criteria must be taken into account:
   a) Agreed automatic renewals regarding said assets are considered new deposits referred to in article 182 of the General Law, insofar as such renewals correspond to the will of the parties embodied in the corresponding clauses. The immobilization period shall be calculated from the moment renewals cease. b) Deposits, securities or assets that have restrictions on free disposal cannot be considered within the inaction scenarios for purposes of applying article 182 of the General Law while the measure or restriction lasts. The immobilization period is accounted for from the time it becomes legally feasible to freely dispose of them.” “Article 14. - TRANSFER PROCEDURE (…)
   4) In the case of assets referred to in the previous article other than cash, the Fund may agree to enter into a trust commission contract with the company responsible for making the transfer, in order to realize them at fair value and transfer to the Fund the proceeds from said realization net of incurred costs. Likewise, regarding assets that are not susceptible to realization nor useful for the Fund's purposes, the company proceeds as instructed by the Fund in each specific case, with no obligation to deliver them to the Fund. A multiple official notice will issue the necessary operational provisions for this purpose.
   For both scenarios contemplated in the preceding paragraph, it is required that the company has agreed to this possibility in the contracts it enters into with its clients.”
2. Incorporate as the last paragraph of paragraph 1) of article 14 “Transfer Procedure”, the following:
   “Article 14. - TRANSFER PROCEDURE
   1)
   (…)
   In the case of assets whose value exceeds ten (10) UIT or their equivalent in dollars, in addition to using the information companies have regarding their clients, they must perform a search for contact information contained in sources accessible to the public. Companies must provide supporting evidence demonstrating that the information search has been effectively carried out.”
   Article Two. - This Resolution enters into force the day following its publication in the Official Gazette El Peruano.
   Registered, communicated and published.
   SERGIO JAVIER ESPINOSA CHIROQUE
   SUPERINTENDENT OF BANKS, INSURANCE AND AFP