Approved
by Resolution No. 71/1
of the Association of Commercial Banks of Latvia
of 27.11.2002
- The Association of Commercial Banks of Latvia Ombudsman (hereinafter Ombudsman) shall handle the complaints of credit institution customers in accordance with the Procedure for Handling of the Complaints of Credit Institution Customers by the Association of Commercial Banks of Latvia Ombudsman (Rules).
- The Association of Commercial Banks of Latvia Ombudsman shall be appointed by the Association of Commercial Banks of Latvia President for the period of three years. The individual appointed to the office of Ombudsman may not be removed from the office depending on the result of dispute settlement. The Association of Commercial Banks of Latvia President may only remove Ombudsman from the office ahead of term either upon his/her own request or if he/she fails to perform, or duly perform, his/her duties.
- The Ombudsman shall be independent in his/her decision making.
- The Ombudsman shall handle complaints independent of the instructions of either the Association of Commercial Banks of Latvia President, the Association of Commercial Banks of Latvia Court of Arbitration Chairman, the Latvijas Komercbanku asociācijas šķīrējtiesas un ombuda attīstības biedrība Managing Director or any other officials.
- A party may reject the Ombudsman in case of objective circumstances raising mistrust in his/her impartiality or independence. Petition on rejection of the Ombudsman shall be executed in writing and submitted both to the Latvijas Komercbanku asociācijas šķīrējtiesas un ombuda attīstības biedrība, and the other party. The grounds for rejection shall be subject to substantiation. Should the other party disagree with the rejection, except in case of resignation by the rejected person from handling of the complaint in question, the rejection shall be decided upon by the Association of Commercial Banks of Latvia Court of Arbitration Chairman who shall be entitled to discharge the Ombudsman from reviewing a certain complaint if he/she finds the rejection substantiated.
- Should the Ombudsman decline the reviewing of a certain complaint, or should he/she be discharged from settlement thereof, or in case of his/her absence, or on other occasions where objective circumstances prevent him/her from fulfillment of his/her duties, the duties of Ombudsman shall be vested in the Association of Commercial Banks of Latvia Court of Arbitration or a person appointed by the latter.
- The Ombudsman shall keep in secrecy the customers identity, accounts, deposits and transactions.
- The Association of Commercial Banks of Latvia President shall fix remuneration of the Ombudsman. The Latvijas Komercbanku asociācijas šķīrējtiesas un ombuda attīstības biedrība Managing Director shall make employment contract with the Ombudsman on the grounds of a decree by the Association of Commercial Banks of Latvia President on appointment of the Ombudsman.
- Logistic support of complaint handling and remuneration of the Ombudsman shall be provided from the funds of the Latvijas Komercbanku asociācijas šķīrējtiesas un ombuda attīstības biedrība.
