Published and draft legislation - Peru

Amendment to the regulations governing the management of market behavior

SBS Resolution 3966-2018

In October the Banking, Insurance & Pension Fund Authority (SBS) published amendments to the Regulations governing how the financial system's market behavior is managed, to the internal auditing regulations, to the credit and debit card regulations, to the Accounting Manual for companies in the financial system, and to Circular G-184-2015 on Customer Services. The changes add provisions and detailed specifications so that the financial product and service offering can be developed for the digital environment and adapt the scope of the current regulatory framework to the landscape of the products and services on the market, their size and their transaction volumes.

Security mechanisms

The amendments introduced into the regulations over the management of the financial system's market behavior seek to make companies in the financial system increase their security mechanisms, so that they use some sort of authentication to validate the client's identity and record their onboarding. In addition, companies will have to demonstrate that they gave the client, whatever medium is used, the SBS resolution number approving the general clauses of the contract being held.

Communicating with the client

The regulation authorizes companies to use physical or digital means of communication with the client; easily accessible channels must be available for clients to terminate the contract, at the very least the same channels as those available when onboarding.

Other amendments

The resolution also amends the Investment Banking Regulation, releasing them from the Regulations over the management of market behavior, in view of the nature of their products and their client profile. Furthermore, the publication of Circular G-184-2015 includes the Regulatory Report containing complaints received through direct channels and through the professional association.