The procedures regarding the mechanisms for receiving and examining client complaints "Balkanika Finance" S.R.L. (hereinafter Balkanika) are established in accordance with the provisions of the Regulation on the Method of Examination of Complaints by Professional Participants in the Non-Bank Financial Market (approved by Government Decision No. 38/14 of 28 September 2012), the Regulation on the Method of Managing the Register of Complaints (Government Decision No. 1141/2006), as well as the Decision of the National Commission for Financial Markets No. 36/1 of 30 July 2024 on the Register of Complaints. 2012), the Regulation on the Method of Managing the Register of Complaints (Government Resolution No. 1141/2006), as well as the Resolution of the National Commission for Financial Markets No. 36/1 of 30.07.2024 on the Approval of the Regulation on the Framework for Managing the Activities of Providers of Participatory Financial Services, and establishes the mechanisms for receiving and considering complaints from Balkanika clients.

For the purposes of these Procedures, the terms of the Regulations of the Platform and the following terms shall be used

a) Client - a registered user according to the Rules of the Platform. After sending the complaint, the client becomes the complainant;

b) Responsible person - the employee of Balkanika who is designated to receive and consider the complaint and/or to forward it with its conclusion to the head of Balkanika for consideration;

c) Complaint - a statement of dissatisfaction addressed to Balkanika by one of its clients in connection with the provision of Participation Financing Services;

Any complaint to Balkanika shall be submitted and considered free of charge in the form of a message sent by electronic mail from the e-mail address registered on the Platform of the User (Customer) to the address: [email protected], containing the User's claim against or in relation to Balkanika. For this purpose, the complainant must include in the message all the information and data specified in the standard form of the complaint (Annex No. 1 to the Regulation on the framework for the management of the activity of providers of participatory financing services).

During the examination of the complaint by Balkanika, the complainant has the following rights

a) To present his/her arguments in person to the person in charge;

b) to use the services of a lawyer or a representative (specialist) appointed by him/her

c) to submit additional documents and information to the responsible person

d) to acquaint himself/herself with documents and information relevant to the case under consideration, provided that this does not prejudice the interests, rights and freedoms of other persons and does not constitute a commercial or other secret protected by law

e) receive a reasoned reply in electronic form, within 14 days from the date of submission of the complaint, on the results of the investigation carried out in response to his/her request

f) request the suspension or termination of the examination of the complaint

g) claim damages in the manner prescribed by law;

i) request an acknowledgement of receipt of the complaint

j) the possibility of requesting the resolution of the complaint from the supervisory authority (official website of the supervisory authority: cnpf.md). 

For the purpose of the most effective and efficient resolution of the claim contained in the complaint, the responsible person within Balkanika may invite the customer who has sent the complaint to its premises, requesting explanations, comments and additional materials, if necessary.

Balkanika guarantees the confidentiality of the data that are the subject of the complaint, as well as personal data regulated by Law no. 133 of 8 July 2011 "On the Protection of Personal Data", in accordance with the Privacy and Personal Data Protection Policy published on the Platform.

2. Submission of complaints

2.1 Complaints shall be sent to the e-mail address: [email protected], shall be registered in the Register of Complaints and shall be considered free of charge by the responsible persons in the departments specified in Annex No. 1 to these Procedures.

2.2 The complaint shall be submitted in electronic form in the state or Russian language.

2.3 Complaints shall contain the information and data specified in the standard form for the submission of complaints, including the signature of the complainant.

2.4 Complaints that do not meet the requirements of these Procedures will not be considered.

2.5 Repeatedly submitted complaints that do not contain new arguments, data or information will not be re-examined and the complainant will be informed in writing or electronically.

2.6 If the customer submits several complaints on the same subject during the same period, they will be combined and the complainant will receive a single response.

2.7 If, after the reply has been sent, a new complaint with the same content or relating to the same issue is received, it will be attached to the original complaint, with a reference to the fact that a reply has been sent, and the complainant will be informed.

2.8 In the case of complaints that do not contain sufficient information for consideration, including the information set out in the standard complaint form, the complainant will be informed within 3 working days and asked to specify the issues raised.

2.11 If a complaint is incorrectly addressed, it will be returned to the complainant within 3 working days.

3. Registration of complaints

 3.1 Complaints shall be registered and recorded by the employee designated by the head of Balkanika.

 3.2 The registration of complaints, as well as the replies to them, shall be made in the register of complaints kept by Balkanika.

3.3 The entry in the register shall be made in such a way as to exclude the possibility of being deleted in any way, without leaving any visible traces of the deletion.

3.4 After registering complaints in accordance with the established requirements, the designated employee shall forward them to the Balkanika administrator.

3.5 The Balkanika administrator will indicate the person responsible for examining the complaint.

3.6 If the Balkanika administrator is responsible for the examination and settlement of the complaint, he/she shall ensure that the complaint is examined and settled in accordance with these procedures.

4. Investigation of complaints

4.1 The person appointed by the administrator is responsible for examining and resolving the complaint.

4.2 If the complaint concerns certain aspects of the work of an employee of Balkanika, it cannot be examined by the person concerned. An exception to this rule will be made if the complaint is addressed directly to the administrator of Balkanika.

 4.3 In order to legally resolve complaints addressed to him/her, the Balkanika administrator will orally arrange for a detailed investigation and analysis of all aspects raised in the complaint, as required by the needs of each individual complaint.

4.4 Balkanika acknowledges the receipt of the complaint and informs the customer within 3 working days from the date of receipt whether the complaint is admissible. The complaint is considered admissible if it complies with the provisions of these Procedures, including being written in one of the languages of the Platform, signed by the complainant, and containing the information and data in the standard complaint template. If a Complaint does not comply with the aforementioned conditions of admissibility, Balkanika will provide the Customer with a clear explanation of the reasons for rejecting the Complaint as inadmissible.

4.5 The acknowledgement of receipt of the complaint will contain

1) the identity and contact details, including e-mail address and telephone number, of the person or department to whom the customer can address any questions relating to the complaint;

2) a reference to the time limit set out in article 16, paragraph (4) of law no. 181/2002, namely that Balkanika shall analyse/examine the complaints and inform the complainant of the result within 14 days from the date of the submission of the complaint.

4.6 Upon receipt of an admissible complaint, Balkanika will immediately assess whether the complaint is clear, complete and contains all relevant information and evidence.

If the complaint is unclear or incomplete, Balkanika will immediately request any additional information or evidence necessary for a proper examination of the complaint.

4.7 Balkanika shall collect and investigate all relevant information and evidence concerning the complaint received.

4.8 Balkanika shall inform the customer in an appropriate manner of any further steps taken to examine the complaint and shall respond without undue delay to reasonable requests for information made by the customer.

4.9 In its decision on the complaint, Balkanika will address all issues raised in the complaint and state the reasons for its decision. The decision will be consistent with any previous decision taken with regard to complaints with similar subject matter, unless Balkanika is able to justify the reasons for reaching a different conclusion.

4.10. Complaints shall be examined and the decision on the complaint shall be communicated to the customer within 14 days from the date of submission (art. 16 par. (4) of law 181/2023), with the corresponding entries in the complaints register.

4.11. If, in exceptional cases, a decision on a complaint cannot be made within 14 days from the date of its submission, Balkanika will inform the complainant of the reasons for the delay and indicate the deadline for the decision on the complaint, which may not exceed 15 days.

4.12. If Balkanika's decision on the complaint does not satisfy the customer's request or partially satisfies it, the decision will state the reasons in detail and contain information about the available remedies.

4.13. Balkanika will communicate with the customer in clear and simple language that is easy to understand in the complaint handling procedure.

4.14. Balkanika's communications to the customer will be written in the language in which the customer has submitted the complaint, provided that the language used by the complainant is one of the languages referred to in point 2.2 of these procedures. The communication shall be made in writing, by electronic means or, at the request of the Customer, on paper.

4.15 The reply to the complaint shall be finalised and submitted to the administrator of Balkanika for signature within a period of time that ensures the possibility of checking it and making any changes or additions.

 4.16 If the complainant does not agree with the received answer or considers that the examination of the complaint is being delayed, he/she has the right to apply to the supervisory authority and/or the court.

4.17 The absence of the responsible person (sick leave, social leave, annual leave, travel, etc.) does not constitute a reason for failing to examine complaints in a timely and proper manner.

4.18 Balkanika keeps complete and accurate records of all customer complaints and responses to complaints.

5. Supervision and accountability in the handling of complaints

5.1 Complaints and responses to them, as well as documents related to the examination of complaints, are kept in electronic files.

5.2 The administrator of Balkanika and its employees are obliged to ensure the integrity of the documents related to the examination of complaints.

5.3 Balkanika shall ensure that the files containing the documents related to the examination of the complaint are kept.

5.4 The administrator of Balkanika is directly responsible for the proper organisation and conduct of the activity of receiving and examining complaints, as well as for the legality of the solutions and their timely communication.

5.5 Situations arising in connection with the organisation and conduct of activities within the framework of the examination of complaints by Balkanika, which are not covered by these procedures, shall be resolved/regulated in accordance with the legislation in force.

6. Final and transitional provisions

6.1 These Procedures shall enter into force on the date of issuance of the authorisation decision and registration in the Register of Providers of Participatory Finance Services, established and maintained by the Supervisory Authority, and the provisions shall be binding on both Balkanika's employees and its clients.

6.2 The Administrator is authorised to make decisions that deviate from the provisions of these Procedures, if necessary to ensure the proper functioning of Balkanika, as well as at the request of clients, without deviating from the legislation in force.

6.3 Appendices to these procedures are:

a) The list of persons responsible and authorised in the activity of receiving and examining complaints (Appendix No. 1); the data of the responsible persons shall be filled in and provided after authorisation and commencement of the activity;

b) a standard form for the submission of complaints (Appendix 2).

6.4. The supervisory authority for compliance with the relevant legislation is the National Commission for Financial Markets:

Address: Mun. Chisinau, bd. Ștefan cel Mare și Sfânt, 77, MD 2012, Republic of Moldova;

Email: [email protected]

Web page: www.cnpf.md

Consumer phone: +37322-859-595