Update date: June 1, 2023
Resolved by: The Management Board of FB Funds ApS
Responsible: Executive Board
Legal basis: REGULATION (EU) 2020/1503 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of October 7, 2020 on European crowdfunding service providers for business and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937 (Art. 7) and COMMISSION DELEGATED REGULATION (EU) 2022/2117 of 13. July 2022 supplementing Regulation (EU) 2020/1503 of the European Parliament and of the Council with regard to regulatory technical standards specifying the requirements, standard formats and procedures for handling complaints and Order No. 1219 of 20/11/2019 on the complaints officer and the handling of complaints by financial undertakings.
Version number: 1
Background and purpose
1.1 The Executive Board has adopted this Complaints Handling Procedure (the "Procedure") and has defined and outlined the guidelines for FB Funds ApS (the "Company") in relation to the Company's handling of complaints, including a description of roles and responsibilities, information and guidance to the customer and the appointment of a Complaints Officer.
1.2 The Business Procedure applies to private customer relationships and business customer relationships that do not differ from private customer relationships, e.g. private holding companies. private holding companies.
1.3 The Executive Management is responsible for ensuring that the business procedure is implemented and complied with and that employees are familiar with the content and can refer to relevant information and to the person responsible for complaints.
2.1 The following persons in the Company are responsible for the Business Procedure: Partner Thomas Sonne-Schmidt, who is also appointed as Complaints Officer and has overall responsibility for compliance with this Business Procedure.
3 Definition ofcomplaints
3.1 A complaint is defined as an inquiry to the Company's complaints officer, or an inquiry to the Company that is handled by the complaints officer, from a customer expressing dissatisfaction with the service or product provided.
3.2 Inquiries from a customer expressing dissatisfaction, but which are not specific and which can be remedied immediately, need not be registered as a complaint. If the dissatisfaction is persistent, the customer must be given guidance on how to complain in accordance with this procedure, including receiving the form attached as Appendix 1, which is also available in connection with the complaint guide on the website.
4 General complaint handling
4.1 Complaint handling procedure:
4.1.1 All complaints to be handled must be received in writing and must be forwarded to the person responsible for the complaint without delay. This applies regardless of the form or who receives the complaint.
4.1.2 The Complaints Officer will acknowledge receipt of the complaint within 10 working days of receipt of the complaint, including informing the complainant whether the complaint is admissible or not. This notification shall include contact details of the person whom the complainant can contact directly in the form of name, email address and telephone number
4.1.3 To ensure a prompt, timely and fair investigation of complaints, the Complaints Officer shall, upon receipt of a complaint, assess whether the complaint is clear and complete and contains all relevant documentation and information necessary to process it. Where appropriate, additional information should be requested without delay.
4.1.5 If a complaint is inadmissible, the Complaints Officer shall ensure that the complainant is informed of the decision and provide the complainant with the reasons why the complaint is inadmissible, in accordance with the time limit in 4.1.2.
4.1.6 The Complaints Officer shall initiate an investigation of the circumstances and background of the complaint, including involving relevant persons from the Company and obtaining relevant information.
4.2 After investigating the complaint, the Complaints Officer shall make a decision on whether to grant or reject the complaint. The Complaints Officer will inform the Executive Board of his/her recommendation for a decision before sending a response to the customer.
4.2.1 The company strives to respond to the complaint within 14 working days after sending an acknowledgement to the complainant, cf. section 4.1.2. Depending on the material that must be found to answer the inquiry, a longer period of time may be necessary. If a final response is delayed, the Complaints Officer must bring this to the attention of the complainant, with an explanation as to why.
4.2.2 The complainant must be kept duly informed of any further steps taken to deal with the complaint and the Complaints Officer must respond to reasonable requests for information made by the complainant.
4.2.3 The final response to the complaint shall address all the points raised in the complaint and state the reasons for the outcome of the investigation. In dealing with the complaint, the Complaints Officer shall, as far as possible, be consistent with previous assessments of other similar complaints, unless the Company can justify why a different conclusion is reached.
4.3 If the complaint is not upheld, the customer must be informed of the possibility of lodging a complaint with the Danish Consumer Complaints Board, Nævnenes Hus, Toldboden 2, 8800 Viborg, Tel.: 7240 5600, firstname.lastname@example.org.
4.3.1 Depending on the complexity of the inquiry, the Company's lawyer may be involved in the response.
4.4 Complaints may be submitted electronically via e-mail and in the same language as each of the languages in the key investor information document. Communication with complainants must be in clear and plain language and may be made electronically or, at the request of the complainant, in paper form..
5 Obligation toprovide a complaints guide
5.1 The website will provide a complaints guide containing information about:
- The conditions for a complaint to be admissible
- That complaints can be filed free of charge
- Where and how complaints should be filed with reference to the standard complaint form and to which e-mail address or via the crowdfunding platform
- The type of information and evidence that complainants should include
- The language(s) in which a complainant can file a complaint - Who the complaints officer is and how to contact the complaints officer in which a complainant can lodge a complaint
- Who the complaints officer is and where and how the complaints officer can be contacted
- The expected timeframe within which a decision on the complaint will be communicated to the complainant and general information on how the complaint will be handled, if applicable by publishing this procedure.
5.2 With regard to complaints in relation to a specific crowdfunding project, the central investor information document for the crowdfunding project in question contains a reference to the Company's website and complaints procedure..
6 Complaints register in Excel
6.1 The Complaints Officer shall maintain a complaints register in Excel of all complaints received about the Company, related businesses or Projects. The complaints register must ensure that all complaints are collected in one place so that an extract of the complaints received by the Company can easily be made and, in accordance with applicable rules, reporting can be made to the Danish FSA.
7Updating and following up on the BusinessProcedure
7.1 This Business Procedure shall be reviewed whenever deemed necessary by the Executive Board, but at least once a year.
Approved June 2023.