On February 7, 2007, the firm of Groupe Natale Inc. adopted a procedure to deal with verbal and written complaints fairly and promptly it may receive from its clients. This policy complies with the provisions set out in the Act Respecting the Distribution of Financial Products and Services pertaining to complaint examination and dispute resolution.
Purpose of the policy
The purpose of this policy is to set up a free and fair procedure for examining all complaints received by Groupe Natale Inc. (the “firm”).
It is intended, in particular, to provide oversight for the receipt of complaints, delivery of the acknowledgment of receipt and notice to the complainant, creation of the complaint file, transfer of the file to the Autorité des marchés financiers (the “AMF”) at the complainant’s request, and the compilation of complaints to prepare and file a semi-annual report with the AMF through the Complaint Reporting System (CRS).
Person in charge
The person in charge of the application of the policy within our firm is Gennaro Natale (“the person in charge”).
As the person in charge of the application of the policy, this person shall also act as the representative for the AMF. He shall train the personnel and provide the personnel with the necessary information for compliance with this policy.
As well, the person in charge shall have the following duties:
- Send an acknowledgment of receipt;
- Send the required documents to the complainant;
- Handle the request impartially;
- Send the file to the AMF, at the complainant’s request;
- Keep a complaint register up to date;
- Submit a complaint report twice a year through the Complaint Reporting System (CRS).
Complaint definition and admissibility
For the policy, a complaint is the expression of at least one of the following three elements:
- A reproach against the firm, one of its advisors or one of its employees;
- The identification of real or potential harm to a consumer;
- A request for remedial action.
Any first consumer communication or informal step aimed at correcting a particular problem is not a complaint, insofar as the problem is dealt with by one of the firm’s operational divisions. A complaint must be in writing so that it can be kept on file. If a consumer makes a verbal complaint, the person handling the complaint must document it so that it can be kept on file. It can take the form of a letter, a lawsuit, or an investigation regarding a disciplinary complaint.
Receipt of the complaint
A consumer who wishes to file a complaint must do so in writing to the following address:
Groupe Natale Inc.
A/S M Gennaro Natale
620-3055, Boul Le St-Martin O. Laval QC H7E 2N3
Tél. : 514 996-7227
Fax : 450 973-1716
Email : email@example.com
Any firm employee who receives a complaint must refer it, upon receipt, to the person responsible for the application of this policy. The person in charge shall acknowledge receipt of the complaint within 5 business days. The acknowledgment of receipt shall contain the following information:
- A copy of this policy;
- A description of the complaint received specifying the reproach against the firm and/or its employee and the request for remedial action;
- The name and contact information of the person in charge of examining the complaint;
- In the case of an incomplete complaint, a notice requesting additional information to which the complainant must respond within five business days, failing which the complaint will be considered to have been abandoned;
- A notice informing the complainant of his right to request, upon the expiry of the period of (1) one month set for obtaining all necessary information, but no later than one year following the answer to the complaint, the transfer of his file to the AMF if he is dissatisfied with the outcome of the examination of his complaint or the examination itself. The notice shall also indicate that the AMF may offer mediation if the parties agree;
- A notice reminding the complainant that mediation is an amicable settlement process in which a third party intercedes with the parties to assist them in reaching a satisfactory agreement;
- A reminder to the complainant that a complaint filed with the AMF does not interrupt the limitation period for lawsuits in civil courts against the firm.
Creation of the complaint file
Each complaint will be considered fairly taking into account all relevant documents and statements obtained from the client, our records, our advisers, our staff, and/or any relevant source. A separate file shall be created for each complaint. The file shall contain the following:
- The complainant’s written complaint, including one of three elements of a complaint (reproach against the firm, its broker or employee; real or potential harm; and remedial action request);
- A copy of the acknowledgment of receipt sent to the complainant or request for clarification;
- The outcome of the complaint examination process (analysis and supporting documents);
- A copy of the firm’s final written answer, containing reasons for the answer, as sent to the complainant;
- A copy of any document that the complainant sent the person in charge.
Upon receipt of a complaint, the person in charge shall conduct an investigation.
The complaint shall be examined within one month following receipt of all required information.
After the investigation, the person in charge shall send the complainant a final answer in writing, containing reasons for the decision.
Transfer of the file to the AMF
If the complainant is not satisfied with the result of the examination of his complaint or with the examination itself, he may ask the firm to transfer his file to the AMF. The complainant can use the Form to Request the Transfer of a File to the AMF or submit his request in any other form. The file transferred to the AMF shall include all the documents regarding the complaint. The complainant may exercise this right only upon the expiry of the maximum time limit of one month allowed for obtaining a final answer, but without exceeding a period of one year following this answer. Compliance with privacy regulations remains the firm’s responsibility.
Creating and updating a register
A complaint register shall be established by the firm for purposes of the application of the policy. The person in charge shall be responsible for keeping the register up to date. Any complaint that falls within the definition shall be recorded in the register.
According to the law, the firm must report complaints to the AMF twice a year through the Complaint Reporting System (CRS) regardless of whether the firm received a complaint during the period in question.
The reporting periods are:
- No later than July 30, for data collected between January 1 and June 30.
- No later than January 30, for data collected between July 1 and December 31.
Notice to advisors and other employees of the firm
The person in charge shall ensure that advisors and other employees of the firm are aware and have a copy of the Complaint Examination and Dispute Resolution Policy.
Effective as of
This complaint examination policy came into effect on February 7, 2007.