Bank Negara issues Policy Document on Complaints Handling
08 April 2025
Bank Negara Malaysia (“
BNM”) issued its
Policy Document on Complaints Handling (“
Policy Document”) on 28 March 2025. The Policy Document supersedes the Guidelines on Complaints Handling issued by BNM on 17 December 2009 (BNM/RH/GL 000-4) (“
Superseded Guidelines”).
The Policy Document will come into effect on 1 April 2026, except for provisions in Paragraph 12 (Decision and Referral) which came into effect on 28 March 2025. The Policy Document is to be read together with the other policy documents and legal instruments issued by BNM, including those set out in sub-paragraphs (a) to (j) of paragraph 6.1 of the Policy Document.
The Policy Document applies to two categories of entities regulated by BNM, namely:
- Financial service provider (“FSP”) comprising:
- a licensed bank (including a digital bank);
- a licensed Islamic bank (including an Islamic digital bank);
- a licensed insurer;
- a licensed takaful operator;
- a development financial institution prescribed under the Development Financial Institutions Act 2002;
- an eligible e-money issuer as defined in Appendix I of the Policy Document on Electronic Money; and
- an approved non-bank credit card issuer with an annual revenue above RM50 million; and
- Approved person (“AP”) comprising:
- an approved insurance broker;
- an approved takaful broker;
- an approved financial adviser;
- an approved Islamic financial adviser;
- an approved issuer of a designated payment instrument (other than an eligible e-money issuer as defined in Appendix I of the Policy Document on Electronic Money and an approved non-bank credit card issuer with an annual revenue above RM50 million);
- an approved issuer of a designated Islamic payment instrument; and
- an approved payment system operator.
Overview
The Policy Document seeks to:
- require FSPs to establish fair, effective and transparent complaints handling mechanisms that are responsive to the diverse needs of their financial consumers; and
- promote a culture of accountability by the FSP, its employees and representatives to ensure fair treatment of financial consumers through the provision of effective complaints handling services.
To address the evolving landscape of financial services, characterised by rapid digitalisation, increasingly complex products and heightened consumer expectations, FSPs are required to establish robust complaints handling procedures that align with their business strategies, organisational structure and consumer base.
Roles and responsibilities of board and senior management
The board of directors of an FSP is required to ensure that the governance arrangements with respect to the FSP’s complaints handling mechanisms are consistent with the requirements in the Policy Document and other relevant policy documents issued by BNM, including the Policy Documents on Corporate Governance, Fair Treatment of Financial Consumers and Responsibility Mapping.
The board of directors of an FSP is responsible for ensuring complaints are handled fairly, transparently and on a timely basis by:
- overseeing the formulation and effective implementation of the FSP’s internal governance and control framework for complaints handling;
- ensuring periodic review on the relevance and appropriateness of the FSP’s internal governance and control framework for complaints handling; and
- promoting a sound corporate culture that is responsive and accords due consideration to financial consumers’ best interest when handling complaints.
The senior management of an FSP is responsible for formulating and implementing an effective internal governance and control framework for the handling of financial consumer complaints, including in the following areas:
- development and implementation of robust policies, procedures and processes to ensure timely and fair responses are provided to complaints received from financial consumers;
- allocation of adequate and suitably qualified resources for effective complaints handling;
- provision of adequate channels and systems for submission and management of complaints to ensure accessibility and efficient handling of complaints received from diverse groups of financial consumers;
- effective oversight and monitoring mechanisms to detect any material deviations from the FSP’s established internal governance and control framework that warrant prompt resolution;
- clear policies and procedures in handling complaints under exceptional circumstances1 that exceeds the specified turnaround time and are required to be escalated to senior management for final decision; and
- timely escalation to the board on any recurring or material deviations from the established internal governance and control framework that have resulted in poor outcomes to financial consumers.
Complaints Handling Procedures
An FSP is required to formulate and implement effective and transparent complaints handling policies, procedures and processes for timely and fair handling of financial consumer complaints. At the minimum, an FSP’s complaints handling policies must include the following:
- all complaints received through whatsoever channels are to be channelled to its centralised complaints handling platform;
- all complaints are properly assessed to ensure accurate identification of root causes for issues raised by the complaint to ensure fair and timely resolution;
- clear criteria or parameters for identification of simple and complex cases;
- specific procedures, timelines and governance arrangements for handling of complaints with differing complexities;
- adequate and timely notification to financial consumers on the status of the complaints received;
- proper communication in writing of the FSP’s final decision, which must include the reasons for reaching such a decision; and
- clear and transparent communication on the availability of redress avenues for financial consumers that are dissatisfied with the FSP’s final decision.
An FSP must also ensure its complaints handling procedures are well documented and accessible to its relevant staff.
Complaints Handling Function
An FSP shall establish and use a centralised complaints platform for the purpose of centralising the relevant information to facilitate the FSP in handling complaints including:
- collating complaints received via any channel and maintaining such information; and
- lodging and maintaining the information on the measures taken by the FSP in assisting financial consumers seeking resolution or redress on their complaints.
An FSP shall also establish a dedicated complaints handling function to ensure an independent and impartial approach to resolve financial consumer complaints that includes:
- ensuring that a consumer’s complaint is attended to and resolved promptly and fairly, thereby minimising the need for referral to external redress avenues;
- monitoring the centralised complaints handling platform, tracking each complaint received to the relevant function within the FSP for input or resolution, or external parties for additional information or document; and
- regularly reviewing its complaints resolution processes to ensure fair outcomes, and informing senior management of outcome of such reviews and driving strategic improvements.
The FSP shall ensure that the staff manning the complaints handling function receive adequate and continuous training on its complaints handling function and are empowered to act decisively to resolve complaints in a timely and satisfactory manner.
Accessibility
An FSP is to ensure its complaints handling channels are easily accessible and available to all financial consumers. It must prominently publish key information on its complaints handling access points and procedures at its premises and website. At a minimum, this must include:
- information on specific contact points and channels for lodgement of complaints;
- description of the complaints handling process and turnaround time for complaints resolution; and
- summary of the next steps that a financial consumer may take if it is dissatisfied with the FSP’s final decision.
A sample flowchart of the complaints handling process is provided in Appendix I of the Policy Document.
Any changes to the details of its complaints handling function or channels are to be updated as soon as possible at the FSP’s premises and on its website and communicated to BNMLINK to update the information on BNM’s website.
Responsiveness
The turnaround times provided in the Policy Document for resolution of financial consumers’ complaints are summarised as follows in Appendix II of the Policy Document:
Requirement |
Turnaround Time |
- Acknowledgement to financial consumers
|
Within the next working day (“WD”) of receiving the complaint |
- Resolution of simple cases
|
Within 5 WDs of receiving the complaint |
- Resolution of complex cases
|
No later than 20 WDs of receiving the complaint |
- where a complaint initially identified as a simple case is subsequently determined to be complex
|
Notify the financial consumer of the change within 5 WDs of receiving the complaint |
- if the FSP requires relevant or material information or document from a third party
|
Additional 10 WDs, i.e. 30 WDs of receiving the complaint |
- FSP must follow-up with the relevant third party for information or document
|
At least once in every 5 WDs |
- Resolution of complex cases under exceptional circumstances
|
For complaints under exceptional circumstances where the FSP is still unable to obtain the required information or document from a third party within 30 WDs from the date of receiving the complaint, senior management shall make a final decision or decide on other measures to resolve the complaint in the absence of the relevant information or document no later than 60 WDs from the date of receiving the complaint |
- Upon receiving complete information or document from third party
|
FSP must finalise the investigation and inform consumer of its decision within 10 WDs |
- Progress update to financial consumers
|
At least once in every 10 WDs |
An FSP must also ensure its complaints handling function is subject to independent periodic reviews. Such review may be conducted by an independent function within the FSP such as a compliance function or internal audit function, as well as by the board and senior management of the FSP.
Decision and Referral
An FSP and an AP are required to communicate its decision immediately to a financial consumer upon completion of its investigation into a complaint. The final decision must be in writing and shall at minimum, include:
- clear and concise explanations, in plain language, on the basis for its final decision;
- appropriate prominence to material information that may impact the financial consumer’s interests;
- a translation of the final decision for consumers who face difficulty in understanding due to language barriers; and
- clear and accurate information on the availability of redress avenues in circumstances where the consumer is dissatisfied with its final decision.
An FSP and an AP shall refer financial consumers to the Financial Markets Ombudsman Service (“FMOS”) as an avenue to seek redress in the following circumstances:
- the consumer is an eligible complainant as defined under the Financial Services Act 2013, Islamic Financial Services Act 2013 or Development Financial Institutions Act 2002, as the case may be, and the complaint falls within the FMOS’s jurisdiction; and
- the complaint does not fall within the FMOS’s jurisdiction but the FSP or AP, as the case may be, and the consumer agree for the complaint to be referred to the FMOS.
Where a complaint does not fall within the FMOS’s jurisdiction and the FSP or AP, as the case may be, or the financial consumer do not agree to refer the complaint to the FMOS, the FSP or AP must refer the consumer to BNM’s Laman Informasi Nasihat dan Khidmat (BNMLINK).
Application to APs
It is to be noted that APs are required to comply only with the requirements in the Policy Document relating to the notification of decisions and the escalation process but not the other provisions in the Policy Document.
Comments
The provisions of the Policy Document significantly enhances the requirements under the Superseded Guidelines and sets clear (and shortened) timelines for FSPs to resolve complaints from financial consumers.
The Policy Document also marks a step forward from the Superseded Guidelines by imposing obligations on APs to comply with the requirements relating to the notification of decisions and the escalation process to the FMOS or BNMLINK. It may be a matter of time before APs will be required to establish formal structures, similar to those in the Policy Document, to deal with complaints by financial consumers.
Article by Lee Ai Hsian (Partner) and Javene Fan (Senior Associate) of the Banking and Finance Practice of Skrine.
1 Exceptional circumstances refer to instances where the FSP is unable to obtain the information or document from the third party despite taking appropriate measures, including regular follow-ups.
This alert contains general information only. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such. For further information, kindly contact skrine@skrine.com.