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In this act Article 1 of 9

Article 1 — Information, template and description of complaints-handling procedures

Financial servicesLevel 2RTSMiCAIn forceOfficial source

1(1)

1.For the purposes of this Regulation, ‘complaint’ means a statement of dissatisfaction addressed to a crypto-asset service provider by one of its clients relating to the provision of one or more crypto-asset services.

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1(2)

2.The complaints-handling procedures referred to in Article 71(1) of Regulation (EU) 2023/1114 shall include all the following:

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1(2)(a)
a)the conditions for the admissibility of complaints;
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1(2)(b)
b)information that complaints are filed and handled free of charge;
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1(2)(c)
c)a detailed description of how to file complaints, including:
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1(2)(c)(i)
i)information that complaints may be filed using the template set out in the Annex;
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1(2)(c)(ii)
ii)information to be provided by the complainant;
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1(2)(c)(iii)
iii)the identity and contact details of the person or department that complaints must be addressed to;
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1(2)(c)(iv)
iv)the electronic platform, system, email or postal address where complaints must be filed;
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1(2)(c)(v)
v)the language or languages in which a client is allowed to file a complaint pursuant to Article 3;
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1(2)(d)
d)description of the complaints-handling procedure, as specified in Articles 3 to 6;
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1(2)(e)
e)the timeframe applied by the crypto asset service provider to the complaint-handling procedure, including acknowledging receipt of the complaint in accordance with Article 4, requesting additional information, where appropriate, investigating a complaint and communicating the decision on the complaint;
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1(2)(f)
f)a short description of the arrangements for registering and keeping records of complaints and of measures taken in response thereto through a secure electronic system.
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1(3)

3.Crypto-asset service providers shall publish on their website an up-to-date description of the procedures for complaints-handling, as well as the standard template set out in the Annex, and ensure that both that description and that template are easily accessible on their website and on any other relevant digital device that may be used by clients to access the crypto-asset services. In addition, crypto asset service providers shall provide such description upon clients’ request and at the time of acknowledging receipt of complaints.

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1(4)

4.The description of the complaints handling procedure and the standard template set out in the Annex shall be published in all languages used by the crypto-assets service provider to market its services or communicate with clients.

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1(5)

5.The crypto-asset service provider shall adequately document the procedures for complaints handling and shall communicate such procedures to all its staff in relevant posts, through an adequate internal channel and provide appropriate training to that staff.

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1(6)

6.The crypto-asset service provider shall ensure that the procedures for complaints-handling are laid down and endorsed by its management body, which shall also be responsible for monitoring their proper implementation. The crypto-asset service provider shall ensure that the procedures for complaints handling are defined and endorsed by its management body, which shall also be responsible for monitoring their proper implementation.

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1(7)

7.The crypto-asset service provider shall ensure that the conditions a complaint shall meet to be considered admissible and complete are fair, reasonable and do not unduly restrict the rights of natural or legal persons to file a complaint. Such conditions shall not include the mandatory use of the template provided in the Annex to this Regulation.

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