As a responsible international financial services firm, Capiteus has put the following procedures in place in relation to the handling of complaints.
A complaint is considered to be any expression of dissatisfaction, whether expressed verbally or in writing (including email), and whether justified or unjustified.
Any officer of Capiteus, staff member, Appointed Representative, broker, subcontractor or any other person duly authorised to act on behalf of Capiteus or appointed to do so must adhere strictly to the following procedures on receipt of a complaint. All communications with the complainant should be clear, fair and not misleading and in plain English. No person is to communicate with the complainant once the compliant has been logged other than the Compliance Officer or other person expressly authorised to do so by Capiteus to whom all telephone calls, emails etc. from the complainant should be referred without undue delay:
1. The complaint must immediately be brought to the attention of the Compliance Officer.
2. The Compliance Officer will review the complaint and, if it can be resolved within five business days, will write to the complainant with a proposed resolution having first agreed said resolution with the Managing Director; the Compliance Officer’s letter shall address all elements set out in the company’s Complaints Policy.
3. Where the complaint cannot be resolved within five business days of receipt, the Compliance Officer will write to the complainant within seven business days of receipt to acknowledge receipt of the complaint; this letter will enclose details of options available to the complainant to escalate the complaint if applicable and shall address all elements set out in the company’s Complaints Policy.
4. The Compliance Officer will gather all documentation required in order to thoroughly and objectively conduct an independent investigation. All Capiteus staff, Appointed Representatives, brokers and others representing Capiteus are under an inalienable obligation to cooperate with the Compliance Officer in his/her investigation and will provide all requested documentation/records without undue delay; if the Compliance Officer needs access to data from third-party sources in order to carry out the investigation, he/she shall write to the complainant to request any necessary authority.
5. The Compliance Officer on behalf of Capiteus will provide a response to the complainant within 14 working days of receipt having first agreed such response with the Managing Director. In the event he/she is not able to respond to a degree considered comprehensive by the Managing Director to the complainant in this time frame, he/she will write to the complainant to explain why, and will provide a revised time frame in which the complainant should expect a response. The aim of Capiteus will be to always deal with a complaint as quickly as possible without compromising our responsibility to conduct a full and fair investigation.
6. If the Compliance Officer is not able to resolve the complaint within 56 working days of receipt, he/she will write to the complainant again with details of further steps the complainant may take if he/she is not happy with the progress, including, if applicable, the details of any regulator to whom he/she may have recourse. The Compliance Officer will confirm when we expect to make our final response.
7. The Compliance Officer will write to the complainant with a formal resolution letter/final response as soon as he/she is able to, taking the above into account and after first agreeing such response with the Managing Director. The formal resolution letter/final response will set out our understanding of the complaint, the issues raised in the course of the Compliance Officer’s investigation, and the outcome of that investigation. The formal resolution letter/final response will set out in detail any redress we believe appropriate or our reasons for declining redress. The formal resolution letter/final response shall additionally include all relevant disclaimers and appropriate wording to ensure the company, its officers, Appointed Representatives, brokers and others representing the company are appropriately protected from further action by the complainant in the event the proposed resolution is accepted by the complainant.
8. If the complainant remains unsatisfied with our proposed formal resolution, the Compliance Officer shall provide the complainant with the relevant details of any regulator to whom the complainant may have recourse (subject to the complaint being within scope of any regulatory protection afforded and subject to any waiving of rights in relation thereto which may prevail; for example in instances that Capiteus have been instructed by the complainant to transact an execution-only instruction to which the complaint related, or where the complaint is in relation to a transaction that the complainant has acknowledged is not afforded any regulatory protection prior to issuing instructions to enter thereinto), or alternative mechanisms which the complainant may pursue should he/she wish.
9. If the complainant accepts the proposed resolution, the Compliance Officer will oversee the process of fulfilment of the resolution to ensure the process is efficient and timely.
It is the objective of Capitues to adhere to the above at all times without exception. Complainants are hereby notified and respectfully reminded that the Terms of Business that govern the relationship between Capiteus and Clients, and any (other) written and acknowledged representations that may exist during the course of and as a result of conducting business between parties shall not be prejudiced by this procedure and certain waivers or confirmations made by clients during the course of transactions may supersede and/or influence the procedure outlined above and result in hindering the ability of Capiteus and its officers to conduct the procedure alongside limiting obligations in relation thereto.