INTRODUCTION
ATRIAFINANCIAL LTD (herein “the Company” or “we”) maintains effective and transparent procedures for the reasonable and prompt handling of concerns and/or queries and/or issues and/or complaints received from retail or professional clients and keeps a record of each complaint or concern and the measures taken for its resolution.
The Company’s aim is to always provide a high level of service to all of its clients and ensure that the Company handles complaints fairly, efficiently and effectively. The Company appreciates that from time-to-time things can go wrong or there can be misunderstandings, however the Company is committed to deal with concerns and complaints positively and supportively in line with complaints handling procedures and legislative requirements. The purpose of this of the Complaints Handling Policy (the “Policy”) is to set out the procedures to be followed and the appropriate actions to be taken by Atriafinancial Ltd (hereafter the “Company”) in the cases where a complaint or grievance is received from any of the Company’s Clients.
The complaints management procedures for the handling of complaints received by the Company, as described in this Policy, are established in compliance with the Vanuatu Financial Services Commission (VFSC) section 7A of the Financial Dealers (Licensing) Act [CAP 70] and VFSC Guidance Notes Addressing Complaints Against a Financial Dealers Licensee, with the aim to establish, implement and maintain effective and transparent procedures for the reasonable and prompt handling and resolution of complaints or grievances received by the Company in respect of its licenced activities
The aim of the procedures established in the current Policy is to deliver a consistent, high-quality and accountable response to each official complaint, regardless of the subject matter.
DEFINITIONS
Complaints Officer: The Company has appointed a Complaint Officer to efficiently ensure the proper handling of any complaints from the Clients. This is to allow the Company to resolve and apply mandatory measures to avoid any recurring issues.
Complainant: any person, natural or legal, which is eligible for lodging a compliant to the Company and who has already lodged a complaint.
Complaint: a statement of dissatisfaction addressed to the Company by a complainant relating to theprovision of investment services.
PROCEDURE
The Complaints Officer shall be responsible to ensure the proper handling of Client complaints, except whereby the complaint shall be handled by the Customer Support Team.
The Client may register a Complaint by completing the Complaint Form, using any of the following options:
When lodging a complaint, the Client shall include the following information:
- trading account number
- name and surname
- A description of the problem and affected transaction number (if applicable)
- The date and time the Client encounter the issues being the subject matter of the complaint
- primary contact information regarding this complaint
Upon receiving the complaint, the Company will immediately register the Complaint in the internal register of the Company giving it a unique reference number
A written acknowledgement together with the unique reference number of the Client’s complaint will be sent to the Client within 5 (five) business days. A unique reference number of the Client’s complaint shall be used for all future contact with the Company.
The Company shall make every effort to investigate Client’s complaint and provide the Client with the outcome of our investigation within two (2) months from the date the Client has submitted his complaint to the Company. During the investigation process will keep the Client updated of the handling process of your complaint. The Company shall have (3) attempts to resolve the complaint matter with the Client.
The final written response to the Client shall be send via an email which either:
- Accepts the complaint and, where appropriate, offers redress or remedial action; or
- Offers redress or remedial action without accepting the complaint; or
- Rejects the complaint and gives our reasons for doing so; or
- Explains why it is not possible to make a final response and indicates when we expect to be able to do so.
If the Client accept our decision he should inform us of this, but if the Client does not do so within eight weeks, the case will be considered closed.
Right to Refer to Vanuatu Financial Services Commission
Where we are not able to resolve your complaint to your satisfaction, you may be permitted to refer your complaint to the VFSC. Should this be necessary, Atriafinancial Ltd will provide you with full details of how to do this
RECORD KEEPING OF COMPLAINTS
The Company shall maintain all complaints for a minimum period of seven years after the execution of the complaint and/or termination of the business relationship with the Client. The responsible department shall be the Compliance Department.
We, ATRIAFINANCIAL SA (PTY) LTD (hereinafter, the “Company”), have adopted this Complaints Procedure in order to ensure a fair and quick process for handling complaints that may arise from our relationship.
Our complaints handling is provided to all our clients should they feel that any representations of the Company has contravened or failed to comply with either our Client Agreement, our customer services or any fair-trading guidelines which we operate under. Therefore, these complaint handling rules, the Company shall deal with any expression of dissatisfaction regarding any financial services activity provided or withheld by the Company in you suffering or likely to suffer:
(i) financial prejudice or damage;
(ii) or in any representative of the Company has willfully or negligently rendered a financial service to you which has, or is likely to cause prejudice or damage;
(iii) or where you believe you have been treated unfairly and/or badly.
The Company considers important and essential to pay the proper attention to each and every complaint made by a client, irrelevant of the subject matter of the complaint.
1. Submitting your Complaint
You may submit your complaint in writing and address it to the Complaints Officer of the Company who is authorized to handle and investigate complaints that may be submitted to them from our Clients.
You are encouraged to use the Complaints Form attached herein and submit it in the following way:
By submitting the Complaints Form electronically at the following email address: [email protected] , along with a copy of any additional documentation that would be relevant to the complaint.
Clients can submit complaints to the Company free of charge.
2. Acknowledging your Complaint
We will acknowledge receipt of your complaint within five (5) business days from the receipt of your complaint and provide you the unique reference number of your complaint. The unique reference number should be used in all your future contact with the Company and the Office of the Ombud for Financial Service Providers of South Africa regarding the specific complaint.
3. Handling of your Complaint
The Complaints Officer of the Company is responsible for the formulation, adoption and implementation of the internal complaints. All complaints will be handled by suitably qualified person.
3.1.Once we acknowledge receipt of your complaint in writing, we will review it carefully, investigate the circumstances surrounding your complaint and will try to resolve it without undue delay.
(i) We shall make every effort to investigate your complaint and provide you with the outcome of our investigation within two (2) months from the date you have submitted your complaint to us. During the investigation process will keep you updated of the handling process of your complaint. One of our officers may contact you directly (including communication by email or phone) in order to obtain further clarifications and information relating to your complaint. We will require your full cooperation in order to expedite the investigation and possible resolution of your complaint.
(ii) In the event that your complaint requires further investigation and we cannot resolve it within two (2) months, we will issue a holding response in writing or another durable medium. When a holding response is sent, it will indicate the causes of the delay and when the Company’s investigation is likely to be completed. In any event, we shall provide you with the outcome of our investigation no later than three (3) months from the period of submission of the complaint. Should you wish to take alternative actions then you may Proceed and contact our External Complaints Officer. (see clause 3.2 below)
All telephone conversations between the Client and the Company will be recorded and kept by the Company and the recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of the compliant.
Faxed, mailed or emailed documents received by the Company may be electronically scanned and reproduction of the scanned version shall constitute conclusive evidence of the compliant.
The Company will keep records, documents and Client personal data and account opening documents, communications and anything else which relates to the Client, for at least six years after the submission of a complaint.
3.2. Should you be dissatisfied with the outcome, you must lodge a compliant in writing with our External Compliance Practice Oracle Compliance, either Mr. Leonardo d’Onofrio or Ms. Thandiwe Maseko. They can be contacted at [email protected] / [email protected] or on 011 100 2551. The complaint must contain all relevant information relating to the case and all attachments thereto.
Should you still remain unsatisfied by the outcome of the External Compliance you may proceed with contacting the Ombud for financial service providers of South Africa or the relevant courts.
4. Final Decision
In case our final decision of our external Compliance Practice does not fully satisfy your demands, who shall explain to you the Company’s position on the complaint and set out your options, to maintain your complaint to the Office of the Ombud for Financial Service Providers of South Africa or the relevant Courts.
Contact Details of the Office of the Ombud for Financial Service Providers of South Africa:
PO Box 74571
Lynwood Ridge 0040
Phone: (012) 762 5000
Fax: (012) 348 3447
Email: [email protected]
Website: www.faisombud.co.za
If you are not satisfied with the Company’s final decision you may check with the office of the Office of the Ombud for Financial Service Providers of South Africa in case you are eligible to file a complaint with them and seek mediation for possible compensation. It is important that you contact the Office of the Ombud for Financial Service Providers of South Africa within six (6) months of receiving a final response from the Company, otherwise the Office of the Ombud for Financial Service Providers of South Africa may not be able to deal with your complaint
In the unlikely event that the Company was unable to provide you with a final response within the three (3) month time period specified above, you may again contact the office of the Financial Ombudsman of South Africa no later than six (6) months after the date when we ought to have provided you with our final decision.
