Claims
1. APPLICABLE REGULATIONS
Based on the Regulations governing providers of co-investment services, Matis provides co-investment services through the offer of investment services without guaranteed commitment and the reception and transmission of orders to enable the financing of Project Holders, by investors, including non-sophisticated investors (the "Investors").
As such, Matis complies with various obligations, including the obligation to establish effective and transparent procedures for the prompt, fair and consistent handling of Investor complaints and to publish descriptions of these procedures in accordance with Article 7 of the ECSP Regulations.
The applicable regulations also include Commission Delegated Regulation (EU) 2022/2117 of July 13, 2022 supplementing the ECSP Regulation with technical regulatory standards specifying the requirements, standard formats and procedures for handling complaints (the "Delegated Regulation 2022/2117").
2. CLAIMS HANDLING PROCEDURES
2.1 Customers who can use the claims mechanism
Article 2 and paragraph g) of the ECSP Regulation defines a "client" as any potential or actual Investor or project holder to whom a co-investment service provider provides or intends to provide co-investment services.
Matis neither provides nor intends to provide co-investment services to a potential Investor or a potential project holder whose file has not been completed and validated by the payment service provider used by Matis. (The opening of an account with Lemonway and validation by Lemonway is a prerequisite for passing from the status of prospect to that of customer).
This definition applies to the following terms and conditions.
2.2 The claims handling mechanism
2.2.1 Conditions for admissibility of claims
A complaint is a statement of a customer’s dissastisfaction with a professional.
- A request for information, advice, clarification or service is not a claim.
- The complaint must be made by or on behalf of a Matis customer and relate to services provided by Matis.
A claim is only admissible if it is sublmitted in accordance with the conditions described in Section 2.2 and includes all the information required to process it.
Complaints are filed and processed free of charge.
2.2.2 Detailed description of how to submit claims:
Complaints must be filed electronically using the online form that complies with the standard model set out in the Annex to Delegated Regulation 2022/2117. All information must be filled in, and any documents may be attached to support this process. All information should be sent using the contact form on the website.
The claim may be filed in French or English, depending on the Member State in which the Investor is located.
2.2.3 Claims handling process:
- Receipt/Timestamp of claim
Matis records the date and time of the complaint when it is submitted by the customer using the online form provided, or when the complaint is received in the aforementioned case.
When submitting a claim, the customer is invited to specify whether he/she wishes to receive a reply by paper mail. By default, communications will be sent electronically or in the customer's personal area.
- Confirmation of receipt
Matis will acknowledge receipt of a complaint by e-mail or in the customer's personal area and will confirm whether it is admissible within 10 working days of receipt.
In the event that a claim does not meet the conditions of admissibility specified in Section 2.1, Matis will provide the customer with a clear explanation of the reasons for rejecting the claim as inadmissible.
The confirmation of receipt of a claim shall contain the following information: (a) the identity and contact details, including e-mail address and telephone number, of the person or department to whom claimants may address any questions relating to their claim; (b) an indication of the period within which a decision on the claim will be notified to the claimant.
- Claim assessment
Upon receipt of an admissible claim, Matis assesses, without undue delay, whether the claim is clear and complete.
In particular, Matis must assess whether the claim includes all relevant information and evidence.
If Matis concludes that a claim is unclear or incomplete, it will promptly request any additional information or evidence necessary to properly process the claim.
Matis will keep the claimant duly informed of any further steps taken to process the claim and will respond to reasonable requests for information without undue delay.
- Decisions
The Matis decision will address all the points raised in the claim and will state the reasons for the outcome of the investigation.
In principle, Matis will notify the Investor of its decision on the claim within thirty (30) working days of receipt, either electronically or in the Investor's personal area, or in hard copy at the explicit request of the claimant, except in duly justified special circumstances. However, in exceptional situations, a decision on a claim may not be provided within this period. In such cases, Matis will clearly inform the Investor of the reasons for the delay and specify the deadline for issuing the decision.
- Possible actions against Matis decision
If the claimant is not satisfied with the response provided by our department, or in the absence of a response within thirty (30) working days, he or she may refer the matter to the “Médiateur de l’Autorité des Marchés Financiers”:
https://www.amf-france.org/fr/le-mediateur/presentation.
The claimant may also contact the mediator by telephone:
(+33) 01 53 45 60 00
Or by post to the following address:
Autorité des marchés financiers
La médiation
17, place de la Bourse
75082 Paris Cedex 02
The solution proposed by the mediator is not binding on the parties, who remain free to leave the mediation process at any time.
Failing an amicable solution, the most diligent party shall refer the matter to the competent courts.
1.2 Updating the claims handling mechanism
Matis may modify the procedures referred to in section 2.2. as required.
1.3 Publication of the complaints handling mechanism
Matis publishes an updated description of the system referred to in section 2.2 on its website, together with the standard model presented in the Appendix.
The description of the claims handling procedure and the standard template in the Appendix to this document are published in English and French.
1.4 Retention of claims and decisions
Matis keeps a record of all complaints received, and all decisions taken in relation to them. This register is a dedicated computer file including, in particular, the customer's name, the date of receipt of the complaint, its subject, the version of the general terms and conditions of use of the Platform accepted by the customer and effective at the time of the facts giving rise to the complaint, the service and product targeted by the complaint, the date of acknowledgement of receipt by Matis, the date and content of the decision taken on the customer's complaint, and, where applicable, any malfunctions identified in the operation of the Platform during the processing of this complaint.