FXBTG FINANCIAL LIMITED
INTERNAL COMPLAINTS POLICY (“ICP”)
Our Internal Complaints Process (“ICP”)
What customers can expect from FXBTG Financial Limited
FXBTG Financial Limited will:
· Treat you - the complainant - with respect and in a fair and courteous manner. This includes ensuring that you (the client) understands the language that is being used;
· Provide you, the complainant, with a clear understanding of the available options. This includes how to make a complaint, the steps involved in resolving the complaint, and the next level of recourse if the complaint cannot be resolved internally.
· Provide a fair hearing and a clear explanation of the outcome of the complaint even if it is not favourable to us. If your complaint is valid, a suitable resolution will aim to place you in the position you would have been in had things not gone wrong.
· Acknowledge any wrongdoing or error.
As a Financial Service Provider (FSP) we have an internal complaints process for handling complaints relating to the financial services we provide. We provide our ICP in recognition that FXBTG Financial Limited is a member of the Financial Disputes Resolution service (“FDR”) and as part of our obligations as set out by the Financial Service Providers (Registration and Dispute Resolution) Act 2008.
As a background overview of our obligations under the relevant legislation, FDR Scheme Members are required to do the following:
Duties on members to have own complaints resolution procedures
(1) A member must—
a) establish (either itself or through membership or arrangement with another body) proper procedures for dealing with complaints about the provision of financial services by the member; and
b) publicise to customers those procedures for making a complaint; and
c) receive and consider complaints under those procedures; and
d) use its best endeavours to resolve complaints under those procedures.
(2) At a minimum, as part of our procedures must ensure that—
a) the receipt and nature of a complaint is documented, the complainant receives an acknowledgement that the complaint has been received, and the steps taken to resolve the complaint are documented; and
b) the complainant is informed, at the time of acknowledging receipt of a complaint, that if a complaint is not resolved through these procedures that the complainant may take the complaint, free of charge, to the FDR; and
c) the complaint, and any information provided or created in relation to the complaint, is kept confidential to the parties except with the consent of the complainant; and
d) the member gives written notice (with reasons) to the complainant—
I. of any decision it reaches on the complaint under those procedures; and
II. that it has reached the view that the parties are unlikely to resolve the complaint under those procedures (issuing a deadlock notice); and
e) any decision or deadlock notice also states that the complainant may take the complaint, free of charge, to FDR and the time limits.
We strongly believe at FXBTG Financial Limited that as part of our policy of good governance and respect for our clients we see every complaint as an opportunity to assess our business processes and improve them wherever possible. We believe a good complaints process will provide a way for our clients to give us feedback on the services we provide and serves as a quick and efficient means of resolving any difficulties if they arise and to promote good relations and communication with our clients.
我们坚信FXBTG金融有限公司(FXBTG Financial Limited)，作为我们良好治理和尊重客户政策的一部分，我们认为每一次投诉都是评估我们业务流程和提高我们业务流程服务质量的一个机会。我们相信，良好的投诉程序可以为我们的客户提供对我们所提供的服务的反馈并作为一种快速和有效的解决客户产生的任何问题的途径，并且可以促进我们与客户之间良好的关系和沟通。
Because we believe the fundamental nature of a good ICP is to resolve complaints quickly once the facts, evidence and circumstances are established - we at FXBTG Financial Limited – aim to achieve this by having our ICP:
· open and visible to clients
· as a part of our disclosure documentation
· have a dedicated person responsible for ensuring that it remains up-to-date, and
· be responsive to clients.
How have we based the ICP for FXBTG FINANCIAL LIMITED
FXBTG Financial Limited has based its ICP on the following benchmarks which we regard as providing a successful dispute resolution scheme:
Accessibility: We have a complaints process that is easy to find use and understand.
Independence: Our designated person who will handle the complaints process will be independent from the area of business that is being complained about.
Fairness: Our process will ensure all the parties’ submissions are given equal weight and respect.
Accountability: Our ICP will identify and implement any improvements identified via a complaint.
Efficiency: Our ICP has set timeframes regarding response times, and resolution targets i.e. we undertake to respond to all complaints in writing within five working days and to attempt resolution of the complaint within 20 working days.
We believe that the steps we have taken to develop and implement a good internal complaints process will:
· Provide accountability and timeframes. Our policy includes:
- a step-by-step explanation of how complaints can be received (written or verbal, or both) and how they will be handled
- response timeframes
- any restitution measures that can be taken
- a definition of when a complaint is considered to be ‘deadlocked’ – i.e. it can’t progress any further. If it gets to this stage then the complaint will be referred to our external dispute resolution provider ie the Financial Dispute Resolution (FDR) scheme.
· Provide a robust system for recording complaints (see Appendix A) i.e. recording the name of the complainant, the date the complaint was received, the nature of the complaint and the date of the event that gave rise to the complaint, and a record of any actions taken to address the complaint.
· Define ‘deadlock’ and start a register for complaints that have reached deadlock.
· Improve staff training in communication skills. We also give staff the authority to resolve a dispute, where possible, or access to more senior management if required.
Our complaints handling Flow chart:
What happens if the decision notice is not accepted by the complainant?
If we cannot resolve the complaint internally, or a complainant is unhappy with the outcome, then the complainant can contact the FDR to resolve the dispute. This is subject to certain time limits – see below
如果我们不能在内部解决投诉，或投诉人对结果感到不满，投诉人便可以与FDR联络，解决纠纷。这是受一定时间限制的 - 见下文
Please be aware however that before the dispute resolution scheme (FDR) will accept a complaint:
· It will check that it is within their jurisdiction.
· Confirm that the complaint has been made to FXBTG Financial Limited and that FXBTG Financial Limited has been given an opportunity to respond.
· Check that FXBTG Financial Limited is a member of the FDR scheme,
· Check the timeframes of the date of the complaint, and the date of the event that gave rise to the complaint.
· Ensure that the complaint has reached ‘deadlock’.
Time Frame requirements established by FXBTG Financial Limited.
1) A complaint will not be covered by the FDR unless—
(a) the complaint has been lodged with us first and we have had an opportunity to respond (Appendix B); and
(b) 1 of the following things has occurred:
(i) FXBTG Financial Limited has given the complainant written notice of its decision (a decision notice – Appendix C) within 20 working days; or
(ii) FXBTG Financial Limited has given the complainant written notice that it has reached the view that the parties are unlikely to resolve the complaint under the complaints procedures (a deadlock notice – Appendix D); or
(ii) FXBTG金融有限公司已向投诉人发出书面通知，表示它已认为双方不太可能根据投诉程序解决投诉(僵局通知) -附录D)；
(iii) at least 3 months has passed after the complainant first made that complaint to Invest FXBTG Limited; and
(c) the complainant then refers the complaint to the FDR within the following applicable time limit: -
(i) within 3 months after receiving a decision notice or deadlock notice under paragraph (b) if that notice complies with subclause (2):
(ii) within 2 years after first making that complaint to the member in any other case.
(2) A decision notice or deadlock notice will advise the complainant of the right to refer the complaint to the reserve scheme, free of charge, and the time limit for doing so.
Once our complaints procedure has been completed and if a “Deadlock” notice has been issued by us - and you the complainant - decide to progress the dispute then the complaint will be assessed by the FDR and if they decide that is comes within there jurisdiction a 3 level dispute resolution process will commence.
At this stage FXBTG Financial Limited and you (the complainant) will both be given the opportunity to provide all the information and evidence supporting each others positions.
If the complaint can not be resolved at this stage then this three level process commences:
Level 1: At this level information is gathered by all the parties and exchanged. Quite often- even at this stage - a resolution can still be reached when all the information is seen by both parties. However, if a resolution is not possible then the dispute will move to Level 2 and in some cases it can go straight to Level 3 (if the scheme adjudicator decides that settlement is unlikely to be reached by conciliation at Level 2);
Level 2: FDR will gather more information if required from both parties and if a resolution can still not be agreed to then the FDR can recommend a settlement. If both parties do not agree to this recommended settlement the dispute will move to the final level – Level 3.
第2级：如果双方需要，FDR将收集更多的信息，如果双方仍不能达成协议，那么FDR可以建议解决办法。如果双方不同意FDR建议的解决办法，那么此项争议将移至最后一级 - 第3级.
Level 3: At this stage FDR will propose a final decision on the facts before it. Again if both partiers cannot agree to the proposed decision – then FDR will issue a final decision. If this final decision is accepted by the complainant then it becomes binding on us.
第3级：在现阶段，FDR将就之前的事实提出最后决定。同样，如果双方不能同意这个决定 - 那么FDR将作出最后决定。如果投诉人接受最后的决定，那么它就会对我们双方有约束力。
If you – the complainant – do not accept the Level 3 decision then it is possible for you to pursue the matter in the New Zealand District Court or Disputes Tribunal.
The FDR scheme was established by the New Zealand Government and requires any person or organisation providing a financial service (or advice to retail customers) to be registered with and on the Financial Service Providers Register (FSPR). One of the requirements of being registered is mandatory membership of an external dispute resolution scheme. In our case this is the Financial Disputes Resolution (FDR) service.
Clients can use the FDR to make a complaint about our services or advice they may have received. However, complaints will not be accepted unless the complaint has been lodged with us first and we have had an opportunity to respond as per our Internal Complaints Procedure (ICP) as described above.
Only when we have come to the end of our complaint process and the dispute is in “deadlock” will the FDR become involved and start there dispute resolution procedure.
It is our goal to achieve through our ICP fairness and accountability.
If you have any queries in respect of our policy please contact us on our site for further information.