What is a complaint?

The definition of a complaint adopted by Fiduchi Limited is drawn from the JFSC Trust Company Business Code of Practice and is as follows:

“Any oral or written expression of dissatisfaction, whether justified or not, from, or on behalf of, a person about the provision of, or failure to provide, a service that relates to trust company business carried on by the registered person, which alleges that the complainant has suffered (or may suffer) financial loss, material distress or material inconvenience.”

In respect of complaints relating to Funds, the definition of a complaint adopted by Fiduchi Limited is drawn from the JFSC Certified Funds Code of Practice, and is as follows:

“Any oral or written expression of dissatisfaction, whether justified or not, from, or on behalf of, a person about the provision of, or failure to provide, a service that relates to the business of the Fund, which alleges that the complainant has suffered (or may suffer) financial loss, material distress or material inconvenience.”

Complaints process

Where you have any queries regarding these Terms (including but not limited to any doubt as to any aspect of the services that we are providing or the basis on which they are being delivered) you should address such queries in the first instance to the relevant director that is responsible for your business.

In the event of a compliant or an expression of your dissatisfaction concerning (a) the Services or (b) our fees and/or disbursements, you should write via email to Feedback@fiduchi.com setting out your concerns or feedback on how the service could be improved. We reserve the right to determine whether a question or comment raised by you amounts to a complaint unless you specifically notify us that the item raised is a complaint.

All comments and feedback will be reviewed, and all complaints will be investigated carefully and promptly. Where there is a dispute or complaint (whether concerning (a) the Services or (b) our fees and/or disbursements) we shall try to resolve such dispute or complaint with you to the satisfaction of both parties.

All Complaints will be investigated according to the company’s policies and procedures, as guided by the JFSC Code of Practice, and will be undertaken in both a timely and impartial manner. You can also expect the following:

• Unless expressly agreed with you to the contrary, a written acknowledgement of your complaint will be sent to you within 5 working days of receipt of the complaint to confirm that the matter is being investigated; and,

• A formal response will be sent to you within 25 working days of the complaint being registered. The response will contain:

  • When the complaint is considered closed and any actions taken to resolve your complaint; or,

  • Where your complaint is not upheld, the reasons for this; or,

  • You will be advised whether the complaint will take longer to resolve and the likely date of resolution.

All complaints will be overseen by the Chief Risk Officer and investigated by a party independent to the complaint who will endeavour to keep you informed on progress and any actions being taken to resolve the matter. If the compliant is not upheld following the investigation, then we shall clearly state the reason for rejecting the complaint. Where a complaint is not satisfactorily resolved within three months of it being lodged, Fiduchi Limited must inform the Jersey Financial Services Commission.

Where you consider that your complaint or dissatisfaction has not been satisfactorily resolved, you may forward your complaint to the Jersey Financial Services Commission, PO Box 267, St Helier, Jersey, JE4 8TP (www.jerseyfsc.org) or to the office of the Channel Islands Financial Ombudsman, at PO Box 114, Jersey, JE4 9QG (www.ci-fo.org).

The provisions of this clause are without prejudice to the jurisdiction of the courts as to any dispute between a Client or former Client and us as to fees and/or disbursements or any complaint.