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In this act Article 1 of 7

Article 1 — Handling of complaints and complaints management policy and function

Financial servicesLevel 2RTSMiCAIn forceOfficial source

1(1)

1.Issuers of asset-referenced tokens and, where applicable, third-party entities shall establish and maintain procedures for handling of complaints, where a complaint is:

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1(1)(a)
a)a statement of dissatisfaction addressed to them by a natural or legal person or any other interested party, including consumer associations that represent holders of asset-referenced tokens, relating to the issuance, the offer or seeking admission to trading of asset-referenced tokens under Regulation (EU) 2023/1114;
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1(1)(b)
b)submitted by a ‘complainant’, which is a natural or legal person or any other interested party, including consumer associations that represent holders of asset-referenced tokens and where that person, or any other interested party, purports to be eligible to submit a complaint to an issuer of asset-referenced tokens or a third-party entity that have been distributing, totally or partially, asset-referenced tokens.\
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1(2)

2.Issuers of asset-referenced tokens shall establish and maintain complaints-handling procedures that include all of the following:

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1(2)(a)
a)a ‘complaints management policy’, which shall be:
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1(2)(a)(i)
i)defined and endorsed by the issuer of asset-referenced tokens’ senior management, that shall also be responsible for the implementation of that policy and for monitoring compliance with it;
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1(2)(a)(ii)
ii)set out in a written document available in electronic or paper format;
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1(2)(a)(iii)
iii)made available to all relevant staff of the issuer of asset-referenced tokens through an adequate internal channel.
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1(2)(b)
b)a ‘complaints management function’, which shall:
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1(2)(b)(i)
i)enable complaints to be investigated fairly;
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1(2)(b)(ii)
ii)identify and mitigate possible conflicts of interest.\
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