Complaints Handling Procedure

General information

TOPBRIDGE LTD is a company registered in Republic of Mauritius, company registration number C225447, is authorised and regulated by the Financial Services Commission of Mauritius under Investment Dealer Licence No. GB20025378, Full-Service Dealer, excluding Underwriting.

These arrangements must include procedures for a Complaint to be fairly and impartially investigated by a person of sufficient competence who, where appropriate, was not directly involved in the matter which is the subject of the Complaint.

TOPBRIDGE has adopted the following Complaints Handling Procedures.

A Complaint which runs its full course will consist of the following key stages:

1. All Complaints must be submitted in writing;
2. In the first instance, TOPBRIDGE will investigate the Complaint and attempt to resolve it. If the Complainant is dissatisfied with TOPBRIDGE’s response or proposals to redress the Complaint, the Complainant may refer to the Office of Ombudsperson for Financial Services;
3. The Office of Ombudsperson for Financial Services will investigate the case in accordance with its rules;
4. The Ombudsperson for Financial Services Act 2018, effective from 1 March 2019, established the Office of the Ombudsperson for Financial Services to enhance consumer protection in financial services. The Ombudsperson addresses complaints from consumers against financial institutions and has the authority to award compensation and issue directives to these institutions. Additionally, the office is responsible for informing and educating the public about financial services investments.
5. For complaints outside the jurisdiction of the Office of Ombudsperson for Financial Services (as specified in Part X of the Financial Services Act 2007), particularly those involving licensees of the FSC, complaints may be filed directly with the FSC.
6. There is no restriction on who can bring a Complaint, although a Complaint must be an Eligible Complaint in order to be capable of being handled in accordance with these Procedures.

Eligible Complaints

Eligible Complaints are Complaints against TOPBRIDGE arising in connection with the performance of, or its failure to perform, any of its regulatory functions.

A Complaint will not be an Eligible Complaint if it:

1. Relates to TOPBRIDGE’s relationship with its employees;
2. Relates to the content of TOPBRIDGE’s Rules;
3. Is connected with a contractual or commercial dispute involving TOPBRIDGE and is not connected in any way with TOPBRIDGE’s regulatory functions;
4. Is made outside the period of 12 months from the date on which the Complainant becomes aware of the circumstances giving rise to the Complaint unless the Complainant can show reasonable grounds for delay;
5. Is of a frivolous or vexatious nature or amounts to an abuse of process.

Making a Complaint

A Complaint should be made in writing and sent by e-mail to complaints@topbridgeltd.com

and/or by registered mail to:

The Complaint should be signed on behalf of the Complainant, and in any case where it is made by a company, partnership or other body corporate, should be signed by a director or equivalent officer with appropriate authority.

If a Complaint is made orally, the Complainant will be asked to confirm its Complaint in writing. TOPBRIDGE shall not be obliged to investigate any Complaint unless and until the Complainant has submitted a written Complaint in accordance with these Procedures.

The written Complaint should include sufficient information to allow TOPBRIDGE to properly identify the matters to which the Complaint relates, the activities complained of, and the basis for any alleged loss or other detriment of the Complainant.

Investigation of Complaints

In the first instance, an investigation into the Complaint will be conducted by a suitably senior member of staff or external Compliance Officer who has not previously been involved in the matter and who is not the subject of the Complaint.

TOPBRIDGE will acknowledge the Complaint within five Business Days of receipt, giving the unique reference number of the registered Complaint, name and job title of the individual handling the Complaint and including a copy of these Complaints Handling Procedures.

TOPBRIDGE will seek to resolve any Eligible Complaint as quickly as possible. In normal circumstances, TOPBRIDGE should be in a position to respond within two months after receipt of the Complaint. However, where the scope of the Complaint reasonably demands further investigation, within two months TOPBRIDGE will write to the Complainant explaining why the matter has not been resolved, indicating when a final response is likely to be made with a maximum extension of up to three months from the date of receipt of the Complaint.

The Complainant has the right to refer the Complaint to the Office of Ombudsperson for Financial Services at any time.

Where, in the opinion of TOPBRIDGE, any Eligible Complaint is connected with or arises out of the same or similar facts or circumstances in respect of which an outstanding or otherwise unresolved Complaint has been made under these Procedures, TOPBRIDGE may, in its absolute discretion and upon giving notice in writing to any Complainant or Complainants so concerned, join such Eligible Complaints so that they may be addressed in the same investigation and/or any final response.

TOPBRIDGE shall not in such circumstances be obliged to disclose the identity of a Complainant or facts that in its opinion would be likely to reveal such identity when notifying any individual Complainant of such a joinder or in its drafting of a final response.

TOPBRIDGE may obtain professional advice as appropriate.

In case where the complainants are not individuals TOPBRIDGE offers alternative means of settling a dispute, such as arbitration or a tribunal where appropriate; the options are stated in the Terms of Business.

Result of the Investigation

TOPBRIDGE will inform the Complainant of the outcome of the investigation, together with any proposed remedial action. The remedial action taken may include, but will not be limited to, offering an apology, taking steps to rectify the error, the offer of a compensatory payment on an ex gratia basis, or a combination of the above. If a Complaint is rejected, TOPBRIDGE will give its reason for doing so.

TOPBRIDGE may, where it deems it necessary, itself refer the office to the Ombudsperson for Financial Services for investigation.

Referral to the Office of Office of Ombudsperson for Financial Services

Finally, the company will inform the complainant that if they are not satisfied with the company’s final response, they may refer the complaint to the Office of Ombudsperson for Financial Services for further investigation.

The complaint can be submitted to the Office of Ombudsperson in one of the following ways:

• By email: ombudspersonfs@ofsmauritius.org
• Online via website: https://eservice.govmu.org
• By facsimile (fax): (230) 468 6473
• By hand or post to the address: 8th Floor, SICOM Tower, Wall Street, Ebene Cybercity 72201

In the event that the complainant is not satisfied with the decision of the Office of Ombudsperson for Financial Services, they may take the case to court as an option of last resort.

Important Notes:

The Company shall cooperate with the Office of Ombudsperson for Financial Services in case they carry out their own investigation in relation to a client’s complaint.

The Commission has no restitution powers, therefore any complaints submitted are taken into consideration in the performance of its supervisory role.

Record-Keeping

A copy of all documents and materials relating to Complaints should be sent to TOPBRIDGE.

TOPBRIDGE will retain such documents and materials for a minimum of five years from the date the complaint was received.

All Complaints that have been received must be registered on TOPBRIDGE’s Complaints Register maintained in a hard copy and as Google document.

Confidentiality

TOPBRIDGE and any Complainant must each observe the strict confidentiality of the investigation of any Complaint, all information provided and all communications made for the purpose of the investigation.