Two half days including a look at some real cases
Introduction
The EU Materials
MiFID Org Regulation Article 26
ESMA/EBA/EIOPA Guidelines on complaints-handling for the securities and banking sectors
Building the complaints procedure
Complaints management policy
Complaints management function
Relevant limits to the procedure
General content
Advance disclosure
How to complain and the ADR procedure
The ADR Directive
ESMA EBA Guidelines on providing information
Identification of complaints
Oral or written
Any requirement for complainants to be eligible
Third party complainants
Need for complaint to be “material”
Forwarding
Recording complaints
Acknowledgement
Investigation
Who investigates?
What do they investigate? Going beyond the complaint
How do they investigate?
Authorities to communicate with third parties
Managing internal discipline issues
Assessment
Standards to be observed – mirroring the Ombudsman or other ADR body
Issues that could lead to upheld complaints
Compensation issues – monetary and other
Timebars and other defenses
Final response
Content requirements
Demonstration of how to draft a response
Handling litigation threats
Post -response issues
Ombudsman and other ADR bodies
Reporting
Root cause analysis