Lets resolve the issues.
1. Purpose of this document
Cloud Atlas Proprietary Limited (the “Manager”) is an authorised Collective investments Scheme (“CIS”), licensed in terms of the Collective Investment Schemes Control Act No.45 of 2002 (“CISCA”). In terms of Schedule 9 of Board Notice 910 of 2010 (“the Notice”), CIS’s are required to maintain an internal Complaints resolution system procedure (“ICP”) which can be utilised by investors who wish to complain about any financial service rendered by the CIS in question. This document explains the procedure you must follow should you wish to complain about any of the financial services rendered to you by our business and it sets out the process that our business will follow in order to resolve your Complaint.
2. What Complaints are dealt with
2.1 A “Complaint” is defined in the Notice as a complaint submitted by an investor to a CIS manager for purposes of resolution by the CIS manager;
2.2 For purposes of this ICP, the following Complaints would be dealt with:
2.2.1 the CIS Manager contravened a provision of the CISCA Act and as a result the Complainant suffered or is likely to suffer financial prejudice or damage;
2.2.2 the CIS Manager wilfully or negligently rendered a financial service to the
Complainant which has caused or is likely to cause prejudice or damage to the
2.2.1 the CIS Manager treated the Complainant unfairly.
3. Procedure when submitting a Complaint to us
3.1 If Cloud Atlas or any of its representatives provided you with a financial service and you feel that we or our representative:
3.1.1 did not comply with the CISCA Act and that you suffered financial prejudice as a result; and/or
3.1.2 intentionally or negligently gave financial advice or rendered an intermediary service to you, which caused prejudice or damage or is likely to cause damage; and/or;
3.1.3 treated you unfairly; you are entitled to lodge a Complaint.
3.2 To lodge a Complaint, please write a letter to The Internal Compliance Officer, Cloud Atlas Proprietary Limited, Ground Floor Grosvenor Gate, Hyde Park Lane, Crn William Nicole and Jan Smuts, Hyde Park, Johannesburg, 2196 or send us an e-mail on our email address being firstname.lastname@example.org with the following information:
3.2.1 Complainant’s name, surname and contact details;
3.2.2 full description of the Complaint;
3.2.3 name of the person who provided you with financial advice or an intermediary service;
3.2.4 the date on which the event complained occurred;
3.2.5 all documentation relating to your Complaint; and
3.2.6 how you would prefer to receive communication from us regarding your
Complaint i.e. by e-mail, fax or post. Kindly provide us with the e-mail address,
fax number or address on which you would prefer to receive such
3.3 As soon as we receive your Complaint, we will send you an acknowledgement of receipt. Kindly take into consideration that the method of communication chosen by you will determine our turnaround time. We will investigate and attempt to resolve your Complaint to your satisfaction within 6 (six) weeks of receipt of your Complaint.
3.4 In the event that we are unable to resolve your Complaint within 6 (six) weeks, or we are unable to resolve the Complaint to your satisfaction, you have the right to refer your Complaint to the Ombud appointed specifically for this purpose.
The contact details of the Ombud is as follows: PO Box 74571; Lynnwood Ridge; 0040; Telephone number (012) 34833447; E-mail email@example.com.
3.5 Complaints to the Ombud must be made within 6 (six) months from the date of the notice given to you, informing you that we are unable to resolve your Complaint.
4. What will happen once a Complaint is made
4.1 We will acknowledge receipt of your Complaint.
4.2 The Complaint will be allocated to the appropriate staff member to investigate, namely the manager or authorised person at Cloud Atlas who is skilled and empowered to deal with Complaints.
4.3 We will attempt to resolve the Complaint within 6 (six) weeks.
4.4 In the event that the Complaint cannot be resolved, we will advise the Complainant in writing of the reasons why the Complaint could not be resolved and what further steps are available to the Complainant.
4.5 We will keep a record of the Complaint made and maintain such record for 5 year.
4.6 Where a Complaint is resolved in favour of the Complainant, we will ensure that a full and appropriate level of redress is offered to the Complainant without delay.
5. What kinds of Complaints are considered by the Ombud
5.1 The Ombud will consider any Complaint dealt with in the CISCA act as described in clause 2 of this ICP.
5.2 The Complaint must be received by the Ombud within 3 years of the act or omission that resulted in the Complaint and if the Complainant was not aware of the act or omission, the 3 years starts running from the date on which the reasonable person in his circumstances would have became aware, whichever date is the earliest.
5.3 If the Complainant already instituted action in a court of law relating to the matter forming the subject of the Complaint submitted to the Ombud, the Ombud will not consider the Complaint.
5.4 The CIS must have been given the opportunity to resolve the Complaint first. Only if the CIS failed to resolve the Complaint to the satisfaction of the Complainant within 6 weeks of receipt, may the Complainant take the matter to the Ombud.
5.5 The Complainant has 6 months after he/she received a final response from the person complained against, to go to the Ombud.
5.6 Complaints must be in writing and must be accompanied by relevant documentation.
5.7 The Ombud may refuse to consider a Complaint if he believes that the Complaint should be dealt with in court.
6. Procedure followed by Ombud
6.1 The Ombud officially receives the Complaint.
6.2 The running of prescription (under the Prescription Act) is suspended from the date on which the official receipt of Complaint is delivered by the Complainant until the Complaint is withdrawn; and a determination is made by the Ombud or by the Board of Appeal.
6.3 The person complained against may have to pay up to R1000 when the Ombud officially receives a Complaint.
C 6.4 The Ombud does not start the investigation of the Complaint before:
6.4.1 he has informed all interested parties of the Complaint, and of all particulars necessary to enable them to respond to the Complaint; and
6.4.2 gave all parties opportunity to respond.
6.5 The Ombud will first attempt to resolve the Complaint through conciliated settlement acceptable to all parties.
6.6 The Ombud may make a recommendation to the parties to resolve the Complaint.
7. Determinations by Ombud and its legal status
7.1 If the Complaint was not resolved through conciliated settlement, the Ombud will make a determination which has the legal status of a civil judgement of court.
7.2 The determination can be a monetary award (not exceeding R800 000, unless the person complained against agrees to it), or any order that can be made by a court.
7.3 An award of costs may be made against the person complained against.
7.4 An award of costs may be made against a Complainant if the conduct of the
Complainant was improper or unreasonable, or if the complainant caused an
unreasonable delay in the finalisation of the investigation.
8. Appeals to Board of appeal
8.1 It is possible to appeal to the Board of Appeal, only if the Ombud gives leave to appeal. And If the Ombud refuses, the chairperson of the Board of Appeal can be requested for permission to appeal.
8.2 Application for leave to appeal must be made to the Ombud within 1 (one) month of the Ombud’s determination.
8.3 If the Ombud refuses leave to appeal, application for leave to appeal may be made to ( the Chairperson of the Board of Appeal, within 1 month of the Ombud’s refusal – the applicant must inform the Ombud of this application.
8.4 A determination by the Board of Appeal has the same status as a judgement of a civil court.
9. Complaints Register
9.1 A Complaints register will be kept in respect of all Complaints received.
9.2 The Complaints register will include relevant fields, including:
9.2.1 date received;
9.2.2 date captured;
9.2.3 person capturing;
9.2.4 reference number;
9.2.5 investor details: full names and surname and contact details
9.2.6 short summary of Complaint
9.2.7 full names and surname and contact details of person allocated to deal with the Complaint
9.2.8 activity log to document any development in respect of the Complaint;
9.2.9 short summary of outcome of Complaint, including details of redress (if
9.2.10 date of final communication to client;
9.2.11 internal Compliance Officer sign-off.
10. Our Commitment
10.1 Our policy is to:
10.1.1 resolve Complaints by means of a fair and practical resolution process;
10.1.2 take steps to investigate and respond promptly to the Complaint;
10.1.3 ensure adequate training of relevant staff regarding the resolution of Complaints;
10.1.4 ensure that internal follow-up procedures are followed to avoid the recurrence of similar Complaints;
10.1.5 ensure that a full and appropriate level of redress is offered to the complainant, without delay, where the Complaint is resolved in favour of the complainant;
Cloud Atlas Investing (Cloud Atlas RF (Pty) Ltd) is a registered manager of the Cloud Atlas Scheme, a Collective Investment Scheme approved by the Financial Services board. Under the Scheme Cloud Atlas Investing is an authorised Exchange Trade Fund Issuer by the Johannesburg Stock Exchange.