Resolution Ge 2404-2013 - Reform to the Standards for Financial Customer Service

Responsibilities of the Financial User Services Officer. The duties of the Financial User Services Officer are as follows: 1. Ensure the implementation and compliance with current regulations concerning financial user protection, financial transparency, corporate governance, financial user services, and other related provisions established by the Commission. 2. Ensure that the supervised institution has complaint service areas properly marked, equipped with informational materials and linked to the respective communication systems to process inquiries, complaints, or requests from financial users. 3. Ensure that the supervised institution has Financial Complaint Forms of Supervised Institutions readily available to the general public in manual or electronic form. 4. Receive and process complaints and/or claims presented by financial users. 5. Coordinate with other areas of the supervised institution the implementation of policies and procedures for the functioning of the Financial User Services System and its proper compliance. 6. Propose measures that allow the supervised institution to improve the functioning of the Financial User Services System and its minimum elements. 7. Verify that personnel responsible for providing advice to financial users regarding operations and services offered by the supervised institution, as well as matters contained in contracts, perform this function with due diligence. 8. Serve as a liaison between the supervised institution and the Commission, and must receive and respond to communications received from the Supervisory Authority within the required timeframe. 9. Report to the Commission an annual report, signed by the legal representative of the institution, concerning the functioning of the Financial User Services System in accordance with the provisions of these Regulations. The report shall include, but not be limited to, compliance with the work plan, aggregated information on claims processed, average response times and their resolutions, grouped by the categories established in the typology contained in Annex 2 of these Regulations, as well as training provided to its personnel. 10. Attend inspections and reviews conducted by the Commission and facilitate the documentation and information requested, providing the Commission with what is required for addressing claims presented to the Commission. 11. Provide the Commission with the monthly complaints management report, in the terms and timeframes established in Article 26 of these Regulations. 12. Develop a system that allows for adequate registration of complaints and their management until resolution. 13. Periodically review the information contained in the Complaints Book as a complementary tool to its work, in order to prepare reports where improvements are proposed to the Board of Directors or Administrative Council, regarding the quality of service provided by the supervised institution to financial users. 14. Receive the service notice and complaint documentation, if at the time of delivery thereof by the Commission's delegated official, the Legal Representative of the supervised institution is not available. 15. Such other functions as may be necessary to fulfill its duties. The Financial User Services Officer shall be identified as such so as to be easily recognized by financial users and shall be available at all times to users during business hours.

Procedure for Handling Claims Before the CNBS. In those cases where the response provided by the supervised institution is not satisfactory to the financial user, the latter may file a claim before the CNBS, and must present two copies of the Complaint Form that was presented to the supervised institution, accompanied by the corresponding response and any other documentation that supports or evidences the claim. On the day the CNBS legally admits the claim, it may send an electronic notice to the financial user services officer of the claimed supervised institution, so that the latter may proceed to gather sufficient and relevant information to expedite the presentation of the replies that will be requested. The foregoing is without prejudice to the authority of the Commission to conduct inspections and reviews at any time, related to the claims filed. In accordance with Article 150 of the Administrative Procedure Law, the service of the claim on the supervised institution shall be performed in a supplementary manner under the normative precepts of the Civil Procedure Code, and shall be carried out in one of the following forms: a) Personal: The Commission's delegated official shall present itself at the domicile of the supervised institution in order to serve the Legal Representative. If the Legal Representative is not found, service of the notice may be made to the Financial User Services Officer of the claimed Institution, and failing that, to any official of the Institution present at that location, informing them that they are obliged to deliver a copy of the service notice and complaint documentation to the addressee. b) Electronic: The copy of the service notice and complaint documentation shall be sent by electronic means in a manner that allows for a clear record in the file showing that the service notice and complaint documentation was sent to the Legal Representative of the Institution, the date of sending, and its contents. The Commission's delegated official shall record in the file the transmission and content of what was transmitted. The facts or events related to the delivery of the service notice or transmission by electronic means shall be recorded in the complaint file. Once the claim is served on the supervised institution through these procedures, the supervised institution must present its reply to the DPUF within a period not exceeding ten (10) business days. During the process of analysis and evaluation of the replies, the Commission's personnel may request, inspect, and review at the claimed institution any information, document, or data record related to the filed claim, as well as similar operations, if necessary. They may also request additional information from the financial user services officer of the claimed institution, in order to complete the technical opinion. This request must be answered within a maximum period of three (3) business days. Failing that, the technical opinion shall be prepared with the documentation that exists in the file. The CNBS shall resolve through a Resolution the claims filed by financial users within a period of forty (40) business days counted from the date the CNBS considers the information to be complete. The party that considers itself affected by the Resolution issued by the CNBS shall have a maximum period of ten (10) business days, counted from the business day following the date of notification of the Resolution, to file the Motion for Reconsideration that it deems appropriate. Once resolved by the CNBS, the administrative remedy shall be exhausted, without prejudice to the right to appeal to the respective judicial authority. If the claimed institution presents the requested information in the reply or in the additional requests, up to the moment it files the motion for reconsideration, this failure to comply with the obligation shall result in the imposition of a fine in accordance with the Sanctions Regulation, which shall be calculated from the business day following the expiration of the deadline for its presentation.