Nextury Asset Management

Complaint Handling Process

Nextury Asset Management Complaints Handling Process: how to submit a complaint, how it is examined and within what period a response is provided.

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Skundų nagrinėjimo politika – UAB „Nextury Asset Management“

Chapter I

General Provisions

This Complaints Handling Policy of UAB “Nextury Asset Management” hereinafter referred to as the “Company”, hereinafter referred to as the “Policy”, regulates the process for managing complaints received by the Company in relation to the activities carried out by the Company and/or agreements concluded with clients, including the receipt, registration and examination of complaints, the preparation of responses to complaints and the provision of information to the Applicant in accordance with the procedure established by the supervisory authority.

The Head of the Company hereinafter referred to as the “Responsible Person” shall be responsible for the management process of complaints received by the Company. This Policy must be followed by all Employees of the Company and other persons involved in the complaints handling process.

The Policy Ensures That the Company Will

organise the management process of Applicants’ Complaints quickly, fairly, effectively and properly;
comply with the deadlines for handling Complaints;
use the personal data and other information provided by the Applicant in accordance with the requirements established by applicable laws;

The Policy Ensures That the Company Will

avoid conflicts of interest and take all necessary measures to identify and eliminate conflicts of interest;
assign the handling of Applicants’ Complaints to persons who have sufficient skills, knowledge and experience to perform this function, and provide them with access to all information necessary for handling the Complaints;

The Policy Ensures That the Company Will

accept all Complaints submitted by Applicants and inform the Applicant, in accordance with the established procedure, about the free Complaints handling process;
properly and systematically register and store received Complaints and information about the measures taken to resolve the Complaint;
monitor the effectiveness of the Complaints management process and update it where necessary;
create, maintain and use an internal information system ensuring an effective Complaints management process.

When implementing the complaints handling procedure established in this Policy, the Company shall comply with the requirements of legal acts regulating the legal protection of personal data and shall follow the personal data processing rules approved by the Company.

Chapter II

Definitions

Response

The Company’s written response regarding the submitted Complaint.

Client

A natural or legal person to whom the Company provides or intends to provide financial services related to investment in financial instruments offered by collective investment undertakings managed by the Company.

Applicant

A person who has submitted a complaint regarding the services provided by the Company and/or agreements concluded with the Company, i.e. an existing or potential Client or their representative.

Complaint

A written request submitted by the Applicant to the Company, stating that the person’s rights or legitimate interests related to the services provided by the Company or agreements concluded with the Company have been violated, and requesting that the Applicant’s claims be satisfied.

Chapter III

Submission of Complaints

Complaints Management Process Policy

The Complaints Management Process Policy shall be provided to each Applicant as an annex to the investment agreement being concluded or intended to be concluded.

At the Applicant’s request, information about the Complaints management process and any other information required by the Applicant in relation to the handling of Complaints shall be provided in writing.

The Applicant’s Right to Submit a Complaint

If the Applicant believes that the Company has improperly provided financial services or has otherwise violated the Applicant’s rights or legitimate interests arising from contractual or related relationships, or where there are other justified reasons set out in this Policy, the Applicant has the right to submit a Complaint to the Company.

The Complaint Must Be Submitted in Writing

A Complaint may be submitted directly by visiting the Company’s registered office in person, by sending the Complaint by registered post, by email, by other means of telecommunication that allow the fact of submission of information to be proven, or through the Company’s employees or representatives during meetings with them.

The Complaint Must Include

Complaints must be written properly and legibly in Lithuanian.
The Complaint must include the Applicant’s name and surname, the date of submission of the Complaint, the Applicant’s exact address if the Applicant wishes to receive the Response at that address, contact telephone number, other relevant contact information, and the Applicant’s signature.
The Complaint must clearly indicate the actions of the Company, its employees and/or representatives being complained about, as well as the Applicant’s reasoned, precise and clear claims.

Representative and Deadline

Where a Complaint is submitted by the Client’s representative, a duly executed power of attorney or any other document confirming the representative’s authority must be provided.
The Applicant must contact the Company no later than within 3 three months from the day on which the Applicant became aware or should have become aware of the violation of their rights or legitimate interests.

Company Contact Details

Address

20–35 Gedimino Ave., LT-01102 Vilnius, Lithuania

Phone

+370 621 26443

info@nextury.am

For Applicants who have submitted Complaints that do not meet the requirements set out in Chapter III of this Policy, the Company shall, within 5 five calendar days, prepare a request to clarify and/or provide the missing information, indicating the deadlines for remedying such deficiencies.

Upon receipt of the Applicant’s Complaint, in all cases, the Company shall seek to resolve the conflict situation or issue amicably.

Chapters IV and V

Procedure for Registering Complaints and Providing a Response

Received Complaints Are Registered

the Applicant’s name and surname or company name;
the Applicant’s address indicated in the Complaint;
the date and method of receipt of the Complaint;
the substance of the Complaint, meaning a brief summary;
the Company’s services or products being complained about, including their types;
the date on which the response was provided to the Applicant;
the final outcome of the Complaint examination, meaning the decision.

The Company Must Ensure That

communication with the Applicant is clear and understandable;
the Applicant’s Complaint is examined and a response is provided as quickly as possible, in compliance with the deadlines set out in Chapter V of this Policy;
where the Complaint is rejected or partially upheld, the response provided to the Applicant includes the reasons for refusing to satisfy the Complaint and indicates other measures available for the protection of the Applicant’s interests;
the Applicant always receives a written response.

Examination of the Complaint

The registered Complaint shall be examined by the Responsible Person

The registered Complaint shall be examined by the Responsible Person, who has the right to involve the Company’s employees in the examination of Complaints.

Additional Information

The Responsible Person has the right to request additional information

If the Responsible Person considers that additional information and/or any other written evidence is necessary for the examination of the Complaint, the Responsible Person has the right to request such information from the Applicant and/or the Company.

Deadline

The Complaint must be examined no later than within 15 business days

The Complaint must be examined and a detailed, reasoned and document-based Response must be provided to the Applicant no later than within 15 business days from the date of receipt of the Complaint. In any case, the deadline for providing the final Response must not exceed 35 business days from the date of receipt of the Complaint. The Company examines Client Complaints free of charge.

Form of Response

Complaints are examined and the Response is provided to the Applicant in writing

Complaints shall be examined and the Response shall be provided to the Applicant in writing. Where the Complaint has been submitted by email, the Response shall be sent to the Applicant by email, unless the Applicant has requested in the Complaint that the Response be provided in another form.

Amicable Dispute Resolution

Meetings between the parties may be organised

In exceptional cases, in order to resolve the dispute with the Applicant effectively and amicably, meetings between the parties may be organised. Such meetings may be organised on the initiative of either party, both the Applicant and the Company.

Bank of Lithuania

The Applicant has the right to apply to the Bank of Lithuania

Where the Company does not satisfy the Applicant’s, consumer’s, claims or satisfies them only partially, the Company’s Response must include information that, within 1 one year from contacting the Company, the Applicant, consumer, has the right to apply to the Bank of Lithuania for the resolution of the dispute.

Chapter VI

Assessment of Complaint Handling Results

In order to identify shortcomings in its activities and potential legal or operational risks, the Company continuously assesses the results of Complaint handling.

collect information about similar Complaints related to a particular service and analyse this information in order to identify the root cause of such Complaints, as well as to determine priorities for eliminating the causes of Complaints;
assess whether the root causes of certain Complaints may result in Complaints relating to other services;
assess whether the root causes of Complaints can be eliminated and determine the methods for their elimination;

where necessary, eliminate the identified root causes of Complaints;
ensure that information about recurring or systemic causes of Complaints is regularly provided to the Company’s management so that they can perform their functions effectively.
The Company must retain information about management decisions concerning the elimination of operational shortcomings identified on the basis of Complaints and risk management for a period of at least 3 years.

Chapter VII

Final Provisions

Information Provided to the Bank of Lithuania

No later than within 2 months after the end of the calendar year, the Company shall submit the following information to the Bank of Lithuania by electronic means, in accordance with the requirements established in the Rules of the Bank of Lithuania:

Information about Complaints received regarding financial instruments;

Information about the assessment of the results of handling Complaints received by the Company.

Implementation of the Policy

This Policy, its amendments or supplements shall enter into force upon their approval by the Board of the Company.
All Employees of the Company and other persons to whom this Policy may be relevant must be introduced to the Policy.
The Company must ensure effective control of the complaints management process and regularly review and update the provisions of this Policy.
The Company must retain Applicants’ Complaints, materials related to their examination, the document specifying the particular outcome of the Complaint examination, and the Response provided to the Applicant for a period of at least 3 years from the date on which the final Response was provided to the Applicant.