Legal information
This English translation is provided for information only. In the event of any discrepancy, the Czech version prevails.
The following rules for submitting and handling a complaint or grievance are published by Nexus Investment Services s.r.o. in accordance with the law. The company is an investment intermediary registered with the Czech National Bank (ČNB) and an independent intermediary of supplementary pension savings, insurance and consumer credit.
Nexus Investment Services s.r.o., company ID (IČO) 237 15 588, with its registered office at Paprsková 1535/2, Krč, 140 00 Prague 4, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 443771 (the “Company”), is an investment intermediary registered with the Czech National Bank under Act No. 256/2004 Coll., on Capital Market Undertakings (the “Capital Market Undertakings Act”), an independent intermediary of supplementary pension savings under Act No. 427/2011 Coll. (the “Supplementary Pension Savings Act”), an independent insurance intermediary under Act No. 170/2018 Coll., on Insurance and Reinsurance Distribution (the “Insurance Distribution Act”), and an independent consumer credit intermediary under Act No. 257/2016 Coll., on Consumer Credit (the “Consumer Credit Act”).
The Company is obliged to provide financial services with professional care and on the terms laid down by generally binding legal regulations. Responsibility for handling grievances and complaints within the Company rests with the Compliance department (the person charged with the compliance function).
The purpose of this regulation is to set out the rules for handling grievances and complaints from customers, prospective customers and, where applicable, other eligible persons, for keeping records of grievances and complaints, and for related activities. A customer means a person who, on the basis of the Company’s intermediary activity, has concluded a written contract with a financial institution for a financial service (in particular an investment service, supplementary pension savings, insurance or consumer credit).
A complaint means a submission by a customer addressed to the Company stating that the Company provided them with a service contrary to generally binding legal regulations.
A grievance means a submission by a customer or a prospective customer objecting to improper conduct by employees or other staff of the Company.
4.1. Only a customer may submit a complaint.
4.2. A grievance may be submitted by a customer and also by a prospective customer of the Company.
4.3. A complaint or grievance may also be submitted by a person acting for a customer or a prospective customer under a power of attorney. In that case the submission must include a power of attorney bearing the officially certified signature of the principal and establishing the authority of the attorney.
4.4. In the case of insurance products, a grievance or complaint may also be submitted by the insured person or by another eligible person. These persons, customers and prospective customers are jointly referred to below as “Customers”.
5.1. A complaint or grievance must be made in writing (on paper or electronically). The email address reklamace@nexusventures.cz is designated primarily for electronic submissions.
5.2. The submission must be addressed to the Company and contain at least: (1) a statement that it is a complaint or a grievance; (2) the identification details of the Customer: name, surname, place of residence and contact address for natural persons; business name, registered office, contact address and the names of the persons authorised to act for legal persons; (3) the subject matter of the complaint or grievance: a description of the decisive facts; (4) what the Customer is seeking; (5) the date and the signature of the Customer or, where applicable, of the attorney.
5.3. The submission must be delivered without undue delay after the fact to which it relates has occurred.
5.4. A complaint or grievance may also be made in person at a meeting with a member of the Company’s staff, in which case a written record will be drawn up covering the details set out in Article 5.2.
5.5. Submitting a complaint or grievance is free of charge.
6.1. Complaints and grievances are received as standard by a member of the Compliance department.
6.2. The designated member of staff must review without undue delay whether the submission was made by an eligible person and whether it meets the requirements as to form and particulars.
6.3. If a discrepancy with Article 4 or Article 5 is found, or if the submission is not sufficiently clear, the Company will invite the Customer in writing to complete or correct it, advising them that if the completed submission is not delivered within the period set (at least 14 days from delivery of the invitation), the Company is entitled to reject it.
6.4. If the Customer does not comply with the invitation, or if the discrepancy cannot be remedied, the Company is entitled to reject the submission; the Customer will be notified of the rejection in writing.
6.5. If no discrepancy is found, or once it has been remedied, the member of staff will proceed to handle the submission.
6.6. If the submission relates to the activity of the financial institution providing the financial service to the Customer, the member of staff will arrange for it to be passed to that institution immediately and will inform the Customer that it is that institution which is competent to handle it.
6.7. If the submission relates to the activity of the manufacturer of a product with an investment component under EU Regulation No. 1286/2014, or to the “key information document”, the Company will pass it immediately either directly to the product manufacturer or to the cooperating financial institution.
7.1. The Sales Director is required to examine the facts asserted by the Customer in cooperation with a member of the Compliance department.
7.2. Where necessary, they may request statements from other staff of the Company or from other persons through whom the Company carries out its activities.
7.3. The submission is decided in one of the following ways: (1) if the regulations or contractual arrangements were indeed breached in the manner asserted, the submission is upheld in full; (2) if there was a breach only in part, the submission is partly upheld and partly dismissed; (3) if there was no breach at all, the submission is dismissed as unfounded.
7.4. The decision must be duly reasoned.
7.5. When handling the submission, the member of staff always communicates with the Customer clearly and comprehensibly.
7.6. The submission is handled without delay and at the latest within 30 days of the date on which it was received; a written response is sent to the Customer within that period. The time during which the Customer was invited to complete the submission is not counted towards that period.
7.7. The Company publishes this Complaints Procedure on its website.
8.1. The Compliance department records and archives: (1) the original submission together with any power of attorney; (2) a copy of the invitation under Article 6.3, if issued; (3) the response of the Customer to the invitation, if provided; (4) the notice given to the Customer under Article 7.6 of the decision taken.
8.2. The Compliance department keeps records of the complaints and grievances received and handled in electronic form.
8.3. The Company retains these documents for at least 5 years from the date on which the matter was handled.
A Customer may bring their grievance to the Czech National Bank, with its registered office at Na Příkopě 28, 115 03 Prague 1, www.cnb.cz, which supervises the activities of the Company, or bring an action before the competent court.
A Customer may also turn to the body for out-of-court dispute resolution, which is:
• for investment services, life insurance, consumer credit, supplementary pension savings and supplementary pension insurance with a state contribution, the Financial Arbitrator of the Czech Republic: www.finarbitr.cz;
• for other financial products, in particular non-life insurance, the Czech Trade Inspection Authority: www.coi.cz.
This regulation may be updated by the board of directors of the Company and is stored in the information system of the Company.
Nexus Investment Services s.r.o. · Prague · The full wording of the Complaints Procedure is also available in PDF format on request.