In this act Article 5 of 7

Article 5 — Procedure to investigate complaints and communicate the outcome of the investigations to complainants

Financial servicesLevel 2RTSMiCAIn forceOfficial source

1.Issuers of asset-referenced tokens shall:

a)upon receipt of a complaint, without undue delay, assess whether the complaint is clear and complete and, in particular, assess whether the complaint contains all relevant information and evidence and inform the complainant about whether the complaint fulfils the conditions of admissibility, which shall be fair, reasonable and shall not unduly restrict the rights of natural or legal persons to file a complaint;

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5(1)(b)

b)where they conclude that a complaint is unclear or incomplete, promptly request from the complainant any additional information or evidence necessary for the proper handling of the complaint;

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5(1)(c)

c)where a complaint does not fulfil the conditions of admissibility, provide the complainant with a clear explanation of the reasons for rejecting the complaint as inadmissible;

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5(1)(d)

d)seek to gather and investigate all relevant information and evidence regarding a complaint;

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5(1)(e)

e)where they are not competent in relation to the subject matter contained in the complaint, inform the complainant thereof and give the contact details of the entity responsible for handling the complaint, where known;

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5(1)(f)

f)keep the complainant duly informed about any additional steps taken to handle the complaint and reply to information requests made by the complainant without undue delay.\

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5(2)

2.Issuers of asset-referenced tokens shall analyse, on an on-going basis, complaints handling data to identify and address any recurring or systemic problems, and potential legal and operational risks. In particular, issuers of asset-referenced tokens shall:

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5(2)(a)

a)analyse the causes of individual complaints so as to identify root causes common to different types of complaints;

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5(2)(b)

b)consider whether such root causes may also affect other processes or products, including those not directly complained about;

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5(2)(c)

c)address such root causes.\

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5(3)

3.Issuers of asset-referenced tokens shall communicate to the complainants the outcome of the investigations on filed complaints:

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5(3)(a)

a)in plain language that is easy to understand for complainants;

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5(3)(b)

b)by providing a response without undue delay and in any event within the time limits set at national level to address complaints filed by complainants, where applicable; and

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5(3)(c)

c)by including a thorough explanation of their position on the complaint where the final decision does not fully satisfy the complainant’s demand(or any final decision, where national law requires it), and by setting out the complainant’s option to maintain the complaint, including the availability of an ombudsman, alternative dispute resolution mechanisms, and national competent authorities.\

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For the purposes of point (b), where an answer cannot be provided within the expected time limits, issuers of asset referenced token shall inform the complainant about the causes of the delay indicating when their investigation is likely to be completed.

For the purposes of point (c), such decision shall be provided in writing.