Complaints Policy

1. Purpose of this policy

Geren Corporate is committed to dealing with genuine complaints concerning services provided by Ali Geren in a fair, effective and transparent manner.

This policy explains how to make a complaint, what information should be provided, how a complaint will be considered, the applicable response timetable, how we may communicate with you during the process, and what options may remain available following our internal review.

This policy does not create any additional contractual right, warranty, compensation entitlement or standard of liability beyond that arising under applicable law, regulation or an expressly agreed professional engagement.

2. Who this policy applies to

Geren Corporate is the professional online presence and professional practice of Ali Geren.

This Complaints Policy applies principally to complaints concerning services provided or agreed to be provided by Ali Geren.

Where the relevant activity falls within Ali Geren's Limited Company Service Provider status, applicable MFSA requirements concerning complaints handling also apply.

The MFSA Limited Company Service Providers Rulebook requires a Registered Person to deal with complaints effectively and transparently, handle client complaints promptly, and retain a record of each complaint and measures taken for its resolution. It also requires the terms of engagement to describe the complaints procedure.

3. What is a complaint?

For the purposes of this policy, a complaint is an expression of dissatisfaction concerning a service, action, omission or conduct relating to a professional service provided or expected to be provided by Ali Geren where the complainant expects a response or remedial consideration.

A complaint is different from a general enquiry, request for information or documents, routine service instruction, straightforward fee query without an expression of dissatisfaction, data-protection rights request, or correspondence that does not identify any matter requiring complaint review.

We may nevertheless classify correspondence as a complaint where its substance reasonably indicates that it should be handled as one.

4. How to submit a complaint

Complaints should preferably be submitted in writing to:

Where practicable, please place “Complaint” in the email subject line or clearly state in the correspondence that you are submitting a formal complaint.

Written complaints provide a reliable record of the issues raised and allow the complaint to be investigated accurately.

An oral expression of dissatisfaction will not be disregarded merely because it was made orally. Where appropriate, we may record the substance of an oral complaint and ask the complainant to confirm it in writing.

For purposes of statutory or external dispute-resolution periods that run from registration of a complaint in writing, the applicable legal rules will determine when that period begins.

5. Information you should provide

To enable an effective review, your complaint should include, so far as reasonably available:

• your full name;
• your company or organisation, where relevant;
• your contact details;
• the service concerned;
• a clear description of the matter complained about;
• relevant dates;
• persons involved, where known;
• supporting correspondence or documents;
• any steps already taken to resolve the matter; and
• the outcome or remedy you are seeking.

You are responsible for ensuring that information supplied in connection with your complaint is, to the best of your knowledge, accurate, relevant, reasonably complete and not misleading.

You should avoid supplying unnecessary confidential, sensitive or third-party personal information.

6. Complaints made on behalf of another person

Where you submit a complaint on behalf of another individual, company or legal entity, we may require satisfactory evidence that you are authorised to act for that person or entity.

We may decline to disclose confidential information or discuss the substance of the complaint until appropriate authority has been established.

This requirement protects confidentiality, professional obligations and personal information.

7. Response timetable — 15 working days

A written complaint will be handled promptly.

A final written response will be provided no later than fifteen (15) working days from the date on which the complaint is received and registered in writing, where the 15-working-day requirement applies.

We will seek to resolve and respond to complaints sooner where reasonably practicable. The 15-working-day period is a maximum response period and does not mean that consideration of a complaint will deliberately be delayed.

Where exceptional circumstances beyond our reasonable control prevent a final response from being provided within 15 working days:

1. the complainant will be informed of the reason for the delay;
2. the complainant will be given an indication of when the final response is expected; and
3. the final written response will in all cases be provided no later than thirty-five (35) working days from receipt of the written complaint, where that statutory framework applies.

Article 21A of the Arbiter for Financial Services Act establishes this 15-working-day final-response period and permits extension to no more than 35 working days only where exceptional circumstances beyond the provider's control prevent a final reply within the initial period.

The OAFS likewise tells complainants to allow at least 15 working days for the provider's reply and states that an extended response period cannot exceed 35 working days from receipt of the complaint.

Where Article 21A, another statutory provision or an applicable regulatory requirement imposes a stricter obligation, that mandatory requirement will prevail.

8. Acknowledgement and initial review

Where practicable, receipt of a complaint will be acknowledged.

The complaint will then be reviewed to determine:

• the issues raised;
• whether additional information is required;
• whether the matter falls within this Complaints Policy;
• whether it concerns a regulated Company Service Provider activity;
• whether a mandatory complaints framework applies; and
• the appropriate steps required to investigate and respond.

An acknowledgement is not an acceptance of the allegations made and does not constitute an admission of liability.

9. Requests for further information

We may request additional documents, explanations, identification information or other material reasonably required to understand or investigate a complaint.

The complainant is responsible for cooperating reasonably with such requests.

Where relevant information is not supplied, the complaint may have to be determined on the material reasonably available.

Failure or delay by the complainant in supplying requested information may affect the practical investigation of the complaint, but it does not extend a mandatory statutory response deadline unless applicable law permits that result.

10. How complaints are reviewed

A complaint may be reviewed by considering, where relevant:

• the complaint itself;
• engagement documentation;
• correspondence;
• instructions received;
• professional records;
• records of services performed;
• applicable legislation;
• regulatory rules and guidance;
• contractual obligations; and
• other information reasonably relevant to the matter.

Ali Geren may obtain legal, regulatory, professional, technical, insurance or other advice where reasonably necessary to assess or respond to a complaint.

Obtaining such advice does not give the complainant a right to receive legally privileged, confidential, internally generated or otherwise protected material.

11. Fair consideration does not constitute an admission

Acknowledging, investigating, discussing, negotiating or attempting to resolve a complaint does not by itself constitute:

• an admission of liability;
• an admission of wrongdoing;
• acceptance of the complainant's allegations;
• waiver of a contractual or legal right;
• waiver of privilege;
• acceptance of a proposed remedy;
• acceptance of a compensation amount; or
• acceptance that any alleged loss was caused by Ali Geren or Geren Corporate.

All lawful rights, remedies, protections and defences remain reserved.

12. Final response

Following appropriate investigation, the final response will state the outcome of the review and may, depending on the circumstances:

• explain our position;
• provide relevant information;
• identify corrective action where appropriate;
• accept part or all of the complaint;
• reject part or all of the complaint;
• propose an appropriate remedy or practical resolution; or
• explain why no further internal action is considered appropriate.

Where Article 21A of the Arbiter for Financial Services Act applies, the final written reply must also contain clear information about the complainant's right to refer an eligible complaint to the Arbiter, the complete contact details of the Office of the Arbiter for Financial Services, and a warning that time limits may apply.

Accordingly, where applicable, our final response will include that information.

Any remedy offered will depend upon the specific facts and does not establish a precedent or obligation in relation to another complaint.

13. Remedies and compensation

Submitting a complaint does not automatically create an entitlement to:

• reimbursement;
• refund;
• compensation;
• damages;
• fee reduction;
• cancellation of charges; or
• any other financial or non-financial remedy.

Any remedy will depend on applicable law, regulatory obligations, contractual arrangements and the circumstances established following investigation.

A goodwill gesture, compromise or commercial settlement, if offered, does not constitute an admission of liability unless expressly stated otherwise in writing.

14. Fees and payment obligations

Unless otherwise agreed in writing or required by applicable law, submission of a complaint does not automatically suspend:

• an existing professional engagement;
• contractual obligations;
• undisputed payment obligations;
• regulatory obligations; or
• deadlines applicable to the complainant.

Where an invoice or part of an invoice is specifically disputed, the disputed matter may be considered through the complaints process without affecting any undisputed amount that remains properly payable.

15. Abusive, repetitive or improper communications

A complainant is entitled to express dissatisfaction firmly.

However, this does not require acceptance of communications that are threatening, abusive, discriminatory, deliberately misleading, persistently repetitive without material new information, malicious or otherwise unlawful.

Where necessary and lawful, reasonable limits may be placed on the method or frequency of communications while ensuring that the substantive complaint continues to be handled in accordance with applicable requirements.

Threatening or unlawful conduct may be referred to the appropriate authorities where justified.

16. Confidentiality and personal data

Complaint information will be handled with appropriate confidentiality, subject to applicable legal, regulatory and professional requirements.

Information may be disclosed where reasonably necessary to:

• investigate or respond to the complaint;
• obtain professional advice;
• comply with legal or regulatory requirements;
• communicate with relevant insurers or advisers, where applicable;
• establish, exercise or defend legal claims; or
• respond to a competent authority, court or dispute-resolution body.

Personal data connected with complaints will be processed in accordance with our Privacy Notice and GDPR Rights & Data Protection Notice.

17. Complaint records

Appropriate records will be maintained of complaints received and the measures taken in connection with their resolution.

The Limited Company Service Providers Rulebook expressly requires Registered Persons to retain a record of each complaint and measures taken for its resolution.

Records may be retained for the period required or justified by applicable regulatory, legal, professional, contractual and legitimate record-keeping requirements.

18. Malta Financial Services Authority

The Malta Financial Services Authority supervises regulated persons and may consider regulatory matters arising from complaints, but the MFSA states that it does not investigate individual complaints for the purpose of granting individual redress. Its current consumer guidance directs complainants first to the provider and, where applicable, subsequently to the Office of the Arbiter for Financial Services.

Nothing in this policy prevents any person from communicating lawfully with the MFSA or another competent authority.

19. Office of the Arbiter for Financial Services

Depending on the nature of the service, the status of the complainant and the jurisdictional requirements contained in the Arbiter for Financial Services Act, an eligible complainant may have the right to refer a complaint to the Office of the Arbiter for Financial Services (OAFS).

Before accepting a complaint, the OAFS ordinarily requires the complainant to have first given the provider an opportunity to consider the complaint. Its current guidance states that a complainant may proceed where the provider's reply is unsatisfactory or after the relevant response period has expired.

Whether a particular complaint concerning services provided by Ali Geren falls within the jurisdiction of the Arbiter is determined by the applicable legislation and ultimately by the competent dispute-resolution body. Nothing in this policy represents or guarantees that the OAFS will accept jurisdiction over a particular complaint.

Current information is available directly from the Office of the Arbiter for Financial Services.

20. External time limits

Complainants remain responsible for protecting their legal rights and complying with applicable limitation, prescription, regulatory, court and external dispute-resolution deadlines.

An internal complaint should not be assumed automatically to suspend, interrupt or extend an external deadline, except where applicable law expressly provides otherwise.

For OAFS jurisdiction, the current Arbiter framework includes specific timing requirements concerning when a written complaint must first be registered with the financial services provider. The OAFS currently states that the written complaint to the provider must generally be registered no later than two years from when the complainant first had knowledge of the matters complained of.

A complainant should obtain independent advice where a limitation or prescription period may be material.

21. Legal proceedings and other formal processes

A complainant remains responsible for deciding whether independent legal, regulatory or professional advice is required.

Where legal proceedings, regulatory proceedings, alternative dispute resolution or another formal process has commenced or is reasonably anticipated, the internal complaint may be managed in a manner appropriate to those circumstances and applicable law.

Nothing in this policy requires disclosure of legally privileged, confidential or otherwise protected material.

22. No restriction of mandatory rights

Nothing in this Complaints Policy:

• prevents the exercise of a right that cannot lawfully be restricted;
• removes a mandatory consumer right;
• prevents lawful communication with a regulator or public authority;
• excludes liability that cannot lawfully be excluded; or
• reduces a mandatory complaints-handling obligation applicable to Ali Geren.

Subject to such mandatory requirements, this policy does not create additional contractual duties, causes of action, warranties or compensation rights beyond those otherwise arising under law or an expressly agreed professional engagement.

23. Changes to this policy

This policy may be amended where necessary to reflect changes to applicable law, MFSA requirements, the Arbiter framework, professional services, complaints-handling arrangements or other legitimate operational requirements.

The current version will be published on this website together with its last-updated date.

Any amended procedure remains subject to mandatory legal or regulatory requirements applicable to an existing complaint.

24. Contact

Complaints and questions concerning this policy may be sent to:

support@gerencorporate.mt

Where your communication is intended to constitute a formal complaint, please place “Complaint” in the subject line where practicable.