FAIS: COMPLAINTS MANAGEMENT POLICY
Approved by: Diwan Pienaar, Director and Key Individual
Approval date: 2025/11/04
1. Introduction
Section 17 of the General Code of Conduct for Authorised Financial Services Providers and Representatives requires that each Financial Services Provider establish, maintain and operate an adequate and effective complaints management framework. The aim of the complaints management framework is to effectively resolve complaints and ensure that complainants receive fair treatment in the process.
Treating Customers Fairly outcomes further require that customers do not face unreasonable post-sale barriers to change product, switch providers, submit a claim or make a complaint.
2. Policy statement
Designer Capital and its representatives are committed to treating customers fairly and rendering financial services with due care and diligence. Complaints will be addressed in a timely and fair manner and will be used to monitor and improve service delivery.
3. Objective
This policy establishes a formal framework for complaints management. Together with internal procedures, the complaints register and related measures, it forms the Complaints Management Framework.
Objectives include:
• guiding principles to effectively resolve complaints;
• how complaints will be submitted, acknowledged, categorised, investigated, escalated, resolved, recorded and monitored;
• allocation of responsibilities;
• review and documenting policy changes;
• managing complaints relating to representatives, service providers or outsourced functions;
• engagement with the Ombud;
• meeting reporting requirements to the Authority and the public, where applicable.
4. Scope of application
This policy applies to all staff members, employees and individuals working on behalf of Designer Capital, including service providers where relevant. Staff receive training and non-compliance may result in disciplinary action or termination of relationships.
5. Principles
Principles include:
• policy accessibility;
• transparent and free processes;
• plain language communication;
• fair handling;
• appropriate investigation and timely response;
• progress updates and delay communication;
• appropriate redress where complaints are upheld;
• informing clients of escalation rights to the FAIS Ombud;
• recordkeeping and continuous improvement;
• cooperation and honest communication with the Ombud.
6. Definitions
Key definitions include client query, complainant, complaint, compensation payment, goodwill payment, member, rejected, reportable complaint and upheld, as defined in the General Code of Conduct.
7. Allocation of responsibilities
The governing body, board or Key Individuals are responsible for effective complaints management, approval of the framework, approval of changes, and oversight of effectiveness.
The Key Individual or nominated person is responsible for decisions and recommendations, must be adequately trained and empowered, and not be subject to conflicts of interest. The Key Individual is responsible for receipt, categorisation, recording and administrative matters concerning complaints.
8. Complaints considered
Complaints relate to financial services rendered by Designer Capital or its representatives, including alleged non-compliance, maladministration, harm or unfair treatment.
8.2 Reportable complaints
A reportable complaint is any complaint other than those upheld immediately, or within ordinary query-handling processes within five business days, or those where the provider did not have reasonable opportunity to record details.
8.3 Categorisation
Reportable complaints are categorised, including complaints relating to product or service design, information provided, advice, performance, service to clients, accessibility, complaints handling, insurance risk claims, and other.
9. Complaints procedure
• Complaints should be submitted in writing with supporting documentation.
• Complaints may be submitted via email.
• Complaints are logged and categorised, with written acknowledgement within three working days and contact details of the responsible person.
• An investigation is conducted and preliminary findings are communicated.
• A proposed solution is communicated within 30 working days.
• If unresolved or the complainant is dissatisfied, the matter may be escalated.
• If not resolved within six weeks, the complaint may be referred to the FAIS Ombud.
• Complaints must be referred to the FAIS Ombud within six months after notification of non-resolution.
• The Ombud will not adjudicate matters exceeding R3 500 000.
FAIS Ombud contact details
Physical address: Menlyn Central Office Building, 125 Dallas Avenue, Waterkloof Glen, Pretoria 0010
Postal address: P O Box 41, Menlyn Park, 0063
Tel: 012 762 5000
Sharecall: 086 066 3274
Email: info@faisombud.co.za
Website: www.faisombud.co.za
10. Performance standards, remuneration and reward strategies
Remuneration practices promote alignment with clients and avoid unfair outcomes. Persons handling complaints are remunerated to support objectivity and impartiality.
11. Escalation, review and decisions
Escalation procedures are implemented. If upheld, undertakings are carried out without undue delay. If rejected, reasons are provided and referral options and time periods are explained.
12. Recordkeeping, monitoring, analysis and reporting
Records of reportable complaints and related information are maintained. Complaint data is analysed to manage conduct risks and improve outcomes. Reports are provided to governance structures as appropriate.
13. Complaints in relation to outsourced service providers
Outsourcing agreements address complaints handling. Outsourced providers maintain adequate frameworks and submit complaints data to the FSP. Referral procedures are implemented where required.
14. Engagement with the Ombud
Procedures support engagement with the Ombud within requested timelines. Ombud contact details are made available and Ombud publications are monitored to improve practices.
15. Policy changes
The policy is reviewed annually or when significant changes occur. Revision history is recorded.