BCB RESOLUTION No. 155, OF OCTOBER 14, 2021
Provides for principles and procedures to be adopted in the relationship with customers and users of products and services by consortium administrators and payment institutions authorized to operate by the Central Bank of Brazil.
The Collegiate Board of Directors of the Central Bank of Brazil, in a session held on October 13 and 14, 2021, based on arts. 6 and 7, item III, of Law No. 11,795, of October 8, 2008, 9, items II, VII, IX and X, and 15 of Law No. 12,865, of October 9, 2013,
R E S O L V E :
CHAPTER I
PURPOSE AND SCOPE OF APPLICATION
Art. 1 This Resolution provides for principles and procedures to be adopted in the relationship with customers and users of products and services by consortium administrators and payment institutions authorized to operate by the Central Bank of Brazil.
§ 1 The relationship with customers and users covers the phases of pre-contracting, contracting and post-contracting of products and services.
§ 2 For the purposes of this Resolution, the consortium administrator consortium member is considered a customer.
CHAPTER II
OF THE PRINCIPLES
Art. 2 The consortium administrators and payment institutions referred to in art. 1, in the relationship with customers and users of products and services, they must conduct their activities in compliance with the principles of ethics, responsibility, transparency and diligence, providing the convergence of interests and the consolidation of an institutional image of credibility, security and competence.
Art. 3º Compliance with the provisions of art. 2 requires, among others, the following measures:
I – promote an organizational culture that encourages a cooperative and balanced relationship with customers and users; and
II – provide fair and equitable treatment to customers and users, considering their relationship profiles and associated vulnerabilities.
CHAPTER III
CONTRACTING AND PROVISION OF SERVICES
Art. 4 The consortium administrators and payment institutions referred to in art. 1, in contracting operations and providing services, they must ensure:
I – adequacy of the products and services offered or recommended to the needs, interests and objectives of customers and users;
II – integrity, compliance, reliability, security and secrecy of the transactions carried out, as well as the legitimacy of the contracted operations and the services provided;
IIII – provision, in a clear and precise way, of the information necessary for the free choice and decision-making by customers and users, also explaining rights and duties, responsibilities, costs or burdens, penalties and any risks existing in the execution of operations and in the provision of services;
IV – use of clear, objective and appropriate wording for the nature and complexity of the operation or service, in contracts, receipts, extracts, vouchers and documents intended for the public, in order to allow the understanding of the content and the identification of deadlines, amounts , charges, fines, dates, locations and other conditions;
V – identification of end-users who are beneficiaries of the payment or transfer in statements and statements of payment accounts, including in situations where the payment service involves institutions participating in different payment arrangements; and
VI – timeliness and lack of unreasonable barriers, criteria or procedures for:
a) meeting the demands of customers and users, including the provision of contracts, receipts, statements, vouchers and other documents and information relating to operations and services;
b) the termination of the contractual relationship relating to products and services, including the cancellation of contracts; and
c) transfer of relationship to another institution, if applicable.
Art. 5 For the purposes of the provisions of items III and IV of art. 4, upon joining a consortium group, the administrators must inform the client of the participation costs, which include, at least, the items listed below:
I – administration fee, including when anticipated;
II – reserve fund fee, if any; and
III – insurance, if any.
§ 1st The costs listed in the caput must be expressed as a percentage of the credit amount, considering the total of expected payments.
§ 2 For the purposes of item III of the caput, in the event that the insurance collection occurs only after the consortium member has been considered, it is mandatory to inform only its existence and the form of collection.
§ 3 In the event of any comparison of fees and amounts charged in consortium operations with those charged in credit or financial leasing operations, the administrators must provide the necessary information about the differences between the operations and the financial effects arising from each billing form.
CHAPTER IV
INSTITUTIONAL POLICY ON RELATIONSHIP WITH CLIENTS AND USERS
Section I
Preparation and Implementation of the Institutional Customer and User Relationship Policy
Art. 6 The consortium administrators and payment institutions referred to in art. 1 must prepare and implement an institutional policy for customer and user relations that consolidates guidelines, strategic objectives and organizational values, in order to guide the conduct of their activities in accordance with the provisions of art. 2nd.
§ 1 The policy referred to in the caput must:
I – be approved by the board of directors or, if inexistent, by the institution’s board of directors;
II – be subject to periodic evaluation;
III – define roles and responsibilities within the institution;
IV – ser compatível com a natureza da instituição e com o perfil de clientes e usuários, bem como com as demais políticas instituídas;IV – be compatible with the nature of the institution and with the profile of clients and users, as well as with the other instituted policies;
V – provide for a training program for employees and service providers who perform activities related to the relationship with customers and users;
VI – provide for the internal dissemination of its provisions; and
VII – be formalized in a specific document.
§ 2 It is accepted that the policy referred to in the caput is unified by conglomerate.
§ 3 The consortium administrators and payment institutions referred to in art. 1 that do not constitute their own policy as a result of the faculty provided for in § 2 must formalize the decision at a meeting of the board of directors or the executive board.
§ 4 The document referred to in item VII of § 1 must be kept at the disposal of the Central Bank of Brazil.
Section II
Management of the Institutional Customer and User Relationship Policy
Art. 7 The consortium administrators and payment institutions referred to in art. 1, they must ensure the consistency of routines and operational procedures related to the relationship with customers and users, as well as their adequacy to the institutional relationship policy referred to in art. 6, including the following aspects:
I – identification and qualification of customers and users for the purpose of initiating and maintaining a relationship;
II – design of products and services;
III – offering, recommending, contracting or distributing products or services;
IV – security requirements related to products and services;
V – collection of fees and tariffs as a result of the provision of services
VI – dissemination and publicity of products and services;
VII – collection, treatment and maintenance of customer and user information in databases;
VIII – management of the service provided to customers and users, including the registration and handling of demands;
IX – conflict mediation;
X – collection system in case of default of contracted obligations;
XI – termination of the contractual relationship relating to products and services;
XII – early settlement of debts or obligations; and
XIII – transfer of relationship to another institution..
§ 1 With regard to the provisions of items II and III of the caput, and in compliance with the provisions of art. 4, item I, consortium administrators and payment institutions referred to in art. 1st, they must establish the profile of the customers that make up the target audience for the products and services made available, considering their characteristics and complexity.
§ 2 The profile referred to in § 1 must include relevant information for each product or service.
§ 3 For the purposes of the caput, the consortium administrators and payment institutions referred to in art. 1 must additionally:
I – promote the balance of results and incentives targets associated with the performance of employees and representatives with the organizational guidelines and values ??provided for in the institutional policy referred to in art. 6th; and
II – properly handle any deviations related to what is contained in item I.
Art. 8 In relation to the institutional policy of relationship with customers and users, the consortium administrators and payment institutions referred to in art. 1 must establish mechanisms for monitoring, controlling and mitigating risks in order to ensure:
I – the implementation of its provisions;
II – monitoring compliance, including through appropriate metrics and indicators;
III – the evaluation of its effectiveness; and
IV – the identification and correction of eventual deficiencies.
§ 1 The mechanisms mentioned in the caput must be subjected to periodic tests by the internal audit, consistent with the institution’s internal controls.
2 Data, records and information related to control mechanisms, processes, tests and audit trails must be kept at the disposal of the Central Bank of Brazil for a minimum period of five years.
CHAPTER V
FINAL DISPOSITIONS
Art. 9 The consortium administrators and payment institutions referred to in art. 1 shall appoint the Central Bank of Brazil a director responsible for complying with the obligations set forth in this Resolution.
Art. 10. The following are hereby revoked:
I – the article 1 of Circular No. 3,558, of September 16, 2011; and
II – item I of art. 25 of BCB Resolution No. 80, of March 25, 2021.
Art. 11. This Resolution enters into force on October 1, 2022.
Art. 11. This Resolution enters into force on March 1, 2022. (Wording given, as of 2/1/2022, by BCB Resolution No. 182, of 1/25/2022.)
Single paragraph. The provisions of this Resolution will take effect: (Included, as of 2/1/2022, by BCB Resolution No. 182, of 1/25/2022.)
I – in relation to consortium administrators, on October 1, 2022; and (Included, as of 2/1/2022, by BCB Resolution No. 182, of 1/25/2022.)
II – in relation to payment institutions: (Included, as of 2/1/2022, by BCB Resolution No. 182, of 1/25/2022.)
a) on March 1, 2022, regarding art. 4th; and (Included, as of 2/1/2022, by BCB Resolution No. 182, of 1/25/2022.)
b) on October 1, 2022, regarding the other provisions. (Included, as of 2/1/2022, by BCB Resolution No. 182, of 1/25/2022.)
