Client’s Complaints Handling
As part of commitment of FINTAILOR INVESTMENTS LIMITED (“FINTAILOR”) to provide the best possible services to its clients and in furtherance of applicable legislations, FINTAILOR has established procedures for prompt handling of complaints that may become filed by complainants. For these purposes:
«complainant» means any person, natural or legal, which is eligible for lodging a complaint to FINTAILOR and who has already lodged a complaint.
«complaint» means a statement of dissatisfaction addressed to FINTAILOR by a complainant relating to the provision of investment services.
«Client Complaint Form» means the form in the following template, which is also available upon request from representatives of FINTAILOR:
Please find below the information on how to file complaints, the information/documents requested to be provided in the course of filing of the complaints and the summary of complaints handling process of FINTAILOR.
A complainant may file a complaint by directing it to the Compliance Officer (or, if filing personally/verbally via telephone and Compliance Officer is not available, by communicating it to the Managing Director, or Head of Legal Department or other relevant employee as specified by FINTAILOR at the time of filing of the complaint) of FINTAILOR using the following communications channels:
- Personally at (or by sending a mail with registered delivery to) our office at the following address: 28 Oktovriou, 249, Lophitis Business Centre, Office 401, 3035, Limassol, Cyprus;
- By e-mail to: firstname.lastname@example.org (with copy to email@example.com);
- By telephone: (+357) 25 817 004;
- By fax: (+357) 25 344 377.
FINTAILOR doesn’t limit complainants with only abovementioned communication methods, but these are always preferred in order to ensure prompt end effective handling of the complaints. FINTAILOR strongly recommends that all complaints are filed in written form, using the template of Client Complaint Form for recording of all relevant information, and is filed together with all the relevant supporting documents. FINTAILOR reserves the right to reject the complaint where:
- it is filed otherwise than through specific communications methods approved by FINTAILOR for these purposes (as outlined above);
- irrespective of the communications methods used, FINTAILOR is not reasonably able to identify the complainant, the person submitting the complaint on behalf of the complainant and the authority of such person to submit such complaint on behalf of the complainant (to the extent relevant).
The following information should be provided to FINTAILOR in the course of filing of a complaint:
- Full legal name of the complainant.
- Identification number of the complainant (e.g. passport/registration number).
- Country of permanent residence of the complainant (for natural persons) or country of incorporation/organization/registration (for legal persons).
- Account number or financial services agreement number to which the complaint relates.
- Details of the employee and/or the department of FINTAILOR to which the complaint relates, if relevant.
- Description of the service/order/transaction to which the complaint relates.
- Description of the matters that gave rise to the complaint – full description is requested, including the relevant dates, amounts, persons involved etc.
- Description and extent of the actual losses suffered and/or losses reasonably expected to arise as result of matters that resulted in the complaint, if any.
- Description of the relevant supporting documents/previous communications concerning the matters raised in the complaint, if any.
- Description of the specific resolution of the complaint would provide the complainant with full satisfaction.
- Contact details that could be used for all communications to the complainant with respect to the complaint (provided that at least one e-mail address or fax number should be provided and, if not so provided, FINTAILOR reserves the right to send all communication to the last known e-mail address or fax number and/or to reject the complaint).
It should be noted that a complaint may be rejected if any essential elements of the information requested are missing or the following requirements are not met:
- The information requested should be provided in the English language (exceptionally, FINTAILOR may permit the information to be provided in any language other than English – please contact FINTAILOR to obtain further clarifications).
- Where the information requested is provided in written form, the information should be legible.
- Where the information requested is provided in verbal form, FINTAILOR may request the complainant to additionally provide such information in written form (without varying the original date of filing of the complaint).
In cases of rejection of the complaint, FINTAILOR will promptly notify the complainant and request for the relevant error or omission to be corrected and the complaint to be filed again.
In furtherance of filing of the complaint:
- The complaint shall be registered in the special register dedicated to complaints and a unique reference number shall be assigned to the complaint;
- Within 5 days of the date of filing of the complaint, the complainant shall be notified of the following:
- the acknowledgment of complaint by FINTAILOR; and
- the unique reference number assigned to the complaint, which should be used by the complainant in all future contact with FINTAILOR, the Financial Ombudsman and/or CySEC regarding the specific complaint; and
- the complaints handling process of FINTAILOR.
- The complaint shall be investigated and the complainant shall be provided with a final decision upon conclusion of the investigation.
- In the course of investigation of the complaint:
- FINTAILOR shall keep the complainant informed regarding further handling of the complaint to the extent relevant; and
- FINTAILOR may request the complainant to provide additional information/supporting documents, which the complainant is requested to provide without undue delay (it being noted that, unless otherwise exceptionally permitted by FINTAILOR, such information/documents should be provided in English or together with certified true translation into English).
- Generally, the investigation should be completed within 2 months of the date of filing of the complaint. Exceptionally, where FINTAILOR is unable to complete the investigation within the 2-month period, FINTAILOR shall notify the complainant accordingly and shall specify:
- the causes for the delay;
- the anticipated date when the investigation is likely to become completed (which shall be within 3 months of the date of filing of the complaint).
- Should the complaint be rejected by FINTAILOR for any reason whatsoever, or should FINTAILOR provide a final decision that does not fully satisfy the complainant demands, FINTAILOR shall notify the complainant in writing of:
- the reason, specifying thorough explanation of its position on the complaint; and
- the option to maintain the complaint (e.g through CySEC, the Financial Ombudsman, ADR mechanism or the relevant courts).
It is noted that FINTAILOR shall keep all the information regarding complaints received at least for the period of 5 years (or such longer period as may be required pursuant to applicable legislations) and may use such information for any legitimate purposes (including for the purposes expressly provided for by the applicable legislations and in the course of resolution of any disputes or disagreements between the complainant and FINTAILOR). It is further noted that the information regarding complaints received (and the complainant) shall become available to CySEC in accordance with and to the extent determined by the applicable legislations.