Commission Delegated Regulation (EU) 2022/2117 of 13 July 2022 supplementing Regulation (EU) 2020/1503 of the European Parliament and of the Council with regard to regulatory technical standards specifying the requirements, standard formats and procedures for complaint handling (Text with EEA relevance)
Complaint handling procedures
1. For the purposes of this Regulation, ‘complaint’ means a statement of dissatisfaction addressed to a crowdfunding service provider by one of its clients relating to the provision of crowdfunding services.
2. The procedures for complaints handling as referred to in Article 7(1) of Regulation (EU) 2020/1503 shall provide the clients of crowdfunding service providers with clear and accurate information and shall contain at least all of the following:
(a)
the conditions for the admissibility of complaints;
(b)
information that complaints are filed and handled free of charge;
(c)
a detailed description of how to file complaints, including:
(1)
information that complaints must be filed using the standard template set out in the Annex;
(2)
the type of information and evidence to be provided by the complainant;
(3)
the identity and contact details of the person to whom or the department to which complaints must be addressed;
(4)
the electronic platform, system or address to which complaints must be submitted;
(5)
the language or languages in which a complainant is allowed to file a complaint pursuant to Article 2(2);
(d)
the process for complaints handling, as specified in Articles 3 to 5;
(e)
the timeframe within which a decision on the complaint is notified to the complainant.
3. Crowdfunding service providers shall be able to amend the procedures for complaints handling, where appropriate. They shall publish an up-to-date description of such procedures on their website, as well as the standard template set out in the Annex, and ensure that both the description and that template are easily accessible on their website.
4. The description of the complaint handling procedures and the standard template set out in the Annex shall be published in each of the languages of the key investment information sheet referred to in Articles 23 and 24 of Regulation (EU) 2020/1503 or the marketing communications referred to in Article 27(1) of that Regulation.
Standard format and language
1. Crowdfunding service providers shall ensure that clients are able to submit complaints by electronic means, using the standard template set out in the Annex.
2. Crowdfunding service providers shall ensure that clients are able to file complaints in any of the languages referred to in Article 1(4).
Acknowledgment of receipt and verification of admissibility
1. Crowdfunding service providers shall acknowledge receipt of a complaint and inform the complainant about whether the complaint is admissible within 10 working days of its receipt. Where a complaint does not fulfil the conditions of admissibility referred to in Article 1(2), point (a), crowdfunding service providers shall provide the complainant with a clear explanation of the reasons for rejecting the complaint as inadmissible.
2. The acknowledgment of receipt of a complaint shall contain the following:
(a)
the identity and contact details, including email address and telephone number, of the person to whom, or the department to which, complainants can address any query related to their complaint;
(b)
a reference to the timeframe referred to in Article 1(2), point (e).
Investigation of complaints
1. Upon receipt of an admissible complaint, crowdfunding service providers shall, without undue delay, assess whether the complaint is clear and complete. In particular, they shall assess whether the complaint contains all relevant information and evidence. Where a crowdfunding service provider concludes that a complaint is unclear or incomplete, it shall promptly request any additional information or evidence necessary for the proper handling of the complaint.
2. Crowdfunding service providers shall seek to gather and examine all relevant information and evidence regarding a complaint.
3. Crowdfunding service providers shall keep the complainant duly informed about any additional steps taken to handle the complaint and reply to reasonable information requests made by the complainant without any undue delay.
Decisions
1. In its decision on a complaint, the crowdfunding service provider shall address all points raised in the complaint and shall state the reasons for the outcome of the investigation. That decision shall be consistent with any previous decision taken by the crowdfunding service provider in respect of similar complaints, unless the crowdfunding service provider is able to justify why a different conclusion is drawn.
2. Crowdfunding service providers shall communicate their decision on a complaint to the complainant as soon as possible and within the timeframe referred to in Article 1(2), point (e).
3. Where, in exceptional situations, the decision on a complaint cannot be provided within the timeframe referred to in of Article 1(2), point (e), crowdfunding service providers shall inform the complainant about the reasons for that delay and specify the date of the decision.
4. Where the decision does not satisfy the complainant’s demand or only partially satisfies it, the decision shall thoroughly set out the reasoning and contain information on available remedies.
Communication with complainants
1. When handling complaints, crowdfunding service providers shall communicate with complainants in a clear and plain language that is easy to understand.
2. Any communication made by the crowdfunding service provider under Articles 3 to 5 that is addressed to a complainant shall be made in the language in which the complainant filed its complaint, provided that the language used by the complainant is one of the languages referred to in Article 1(4). The communication shall be made in writing by electronic means or, upon the complainant’s request, in paper form.
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
Supplementary provisions
Standard format for the submission of complaints
ANNEXSupplementary provisions
ANNEX
Standard format for the submission of complaints
SUBMISSION OF A COMPLAINT
(to be sent by the client to the crowdfunding service provider)
1.a Personal data of the complainant
LAST NAME/LEGAL ENTITY NAME
FIRST NAME
REGISTRATION NUMBER AND LEI (IF AVAILABLE)
ADDRESS:
STREET, NUMBER, FLOOR
(for firms registered office)
POSTCODE
CITY
COUNTRY
TELEPHONE
EMAIL
1.b Contact details (if different from 1.a)
LAST NAME/LEGAL ENTITY NAME
FIRST NAME
ADDRESS:
STREET, NUMBER, FLOOR
(for firms registered office)
POSTCODE
CITY
COUNTRY
TELEPHONE
EMAIL
2.a Personal data of the legal representative (if applicable) (a power of attorney or other official document as proof of the appointment of the representative)
LAST NAME
FIRST NAME/LEGAL ENTITY NAME
REGISTRATION NUMBER AND LEI (IF AVAILABLE)
ADDRESS:
STREET, NUMBER, FLOOR
(for firms registered office)
POSTCODE
CITY
COUNTRY
TELEPHONE
EMAIL
2.b Contact details (if different from 2.a)
LAST NAME/LEGAL ENTITY NAME
FIRST NAME
ADDRESS:
STREET, NUMBER, FLOOR
(for firms registered office)
POSTCODE
CITY
COUNTRY
TELEPHONE
EMAIL
3. Information about the complaint
3.a Full reference of the investment or agreement to which the complaint relates (i.e. investment reference number, name of the project owner/company or crowdfunding project, other references of the relevant transactions…)
3.b Description of the complaint’s subject-matter (please clearly specify the subject matter of the complaint)
Please provide documentation supporting the facts mentioned.
3.c Date(s) of the facts that have generated the complaint
3.d Description of damage, loss or detriment caused (where relevant)
3.e Other comments or relevant information (where relevant)
In
(place)
on
(date)
SIGNATURE
COMPLAINANT/LEGAL REPRESENTATIVE
Documentation provided (please check the appropriate box):
Power of attorney or other relevant document
…
Copy of the contractual documents of the investments to which the complaint relates
…
Other documents supporting the complaint:
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
