REGULATIONS FOR THE DEFENCE OF CUSTOMERS OF MONEYCORP FINANCIAL RISK MANAGEMENT LIMITED, SUCURSAL EN ESPAÑA 1 APPLICABLE LAW 11 Article 29 of Law 44/2002 of 22 November 2002 on measures for the reform of the financial system (Ley de medidas de reforma del Sistema financiero) establishes the obligation for credit institutions, insurance companies and investment services companies, among others, to address and resolve complaints and grievances raised by users of their services in relation to their statutory rights and interests 12 Order ECO 734/2004 of 11 March 2004 on financial institutions' customer care services and departments and customer Ombudsman (Orden sobre los departamentos y servicios de atención al cliente y el defensor del cliente de las entidades financieras) (the Order ) establishes: a) on the one hand, that it applies to investment services companies, including those foreign companies operating in the national territory by means of a branch; and b) on the other hand, the requirements and procedures to be followed by customer care services and departments, including the obligation to approve a set of customer protection rules to govern the activities of the customer care service or department; c) and also that entities belonging to the same group of companies are allowed to share the same customer care services 13 This document sets down the policy and procedures governing and regulating the activity of the Customer Care Service of Moneycorp Financial Risk Management Limited, Sucursal en España (the Customer Care Service and the Branch ) in accordance with the provisions of the Order, for attending to and solving complaints and claims presented by its customers (the Regulations ) 2 AIM OF THE REGULATIONS 21 The aim of the Regulations is to regulate the right of the Branch customers to have their complaints addressed and resolved, provided that they relate to their statutory rights and interests, as well as the means, bodies (the Customer Care Service) and procedures established by the Branch and its parent company, Moneycorp Financial Risk Management Limited (the Company ) to ensure the effective exercise of that right, in compliance with the applicable laws 3 CUSTOMERS AND CUSTOMERS' RIGHTS 31 A Customer shall be deemed to be any individual or legal entity, both Spanish and foreign, who has received financial services from the Branch in accordance with its activity programme and the applicable law from time to time This requirement will be deemed to be met by any person or entity maintaining a contractual relationship with the Branch by virtue of which the Branch provides such person or entity any of its before mentioned services and those persons or entities that may have maintained pre-contractual relations with the Branch with the purpose of requiring such services, even though in this latter case, only in connection with those complaints that may be made in relation with the Branch s activities in such negotiation in accordance with applicable law 32 Any Customers who believe that they have been treated negligently, wrongfully or unlawfully, or not in accordance with the applicable regulations, shall be entitled to have their complaints addressed and resolved within 8 weeks since their receipt by the Customer Care Service, free of charge and in accordance with the provisions of the Regulations, and shall be entitled to obtain a response to such complaints in accordance with the rules and principles set forth in the legislation relating to customer 1/9
protection and transparency, good financial practice and customs, and the principles of diligence, good faith, fairness and mutual trust 4 CUSTOMER CARE SERVICE 41 Responsible of Customer Care Service 411 The Responsible of the Customer Care Service shall carry out the following functions: a) address and resolve any complaints that may be duly filed by Customers in accordance with this Regulations; b) draft reports on Customer complaints and recommendations on ways to promote the good relations between the Branch and its Customers and, in particular, the annual reports set out in article 17 of the Order, as specified in article 7 hereto; c) ensure compliance with the reporting requirements imposed by the Order and by regulations on customer protection and transparency in financial services; d) receive, in the name of the Branch, the communications effected by the National Securities Markets Commission s ( CNMV ) Complaints Service, and address to the CNMV any such communications 42 Structure and Composition 421 The Customer Care Service shall be comprised of one Responsible of Customer Care Service and the auxiliary staff that the Branch deem convenient at any time given moment, in light of the Customer Care Service s needs and workload 422 The Customer Care Service shall be separate from the Branch s other commercial and operational units and divisions, and in the carrying out of its duties, will make its decisions completely autonomously 423 The Branch shall ensure that the Responsible of Customer Care Service has adequate human, material, technical and organisational resources for the performance of its duties 424 In order to enable the Customer Care Service to properly carry out its duties, all of the Branch s employees shall be trained to provide it with any information that it may require from them in connection with the exercise of its duties 43 Appointment 431 The Responsible of Customer Care Service shall be appointed by the Company s Board of Directors and will have appropriate training and understanding of the role it is undertaking 432 The following requirements must be met in order to be appointed Responsible of Customer Care Service: a) good professional and commercial standing; for such purpose, this requirement shall be deemed to be met by those who have observed a personal track record of respect to corporate and other laws regulating economic activity and everyday business life, as well as good commercial and financial practices; b) adequate knowledge and experience to perform its duties in accordance with this Regulations; for that purpose, those who have previously performed financial activities related to activities that the Branch may carry out in accordance with the applicable law and its activities programs shall be deemed to have the adequate knowledge and experience to perform the duties of the Responsible of the Customer Care Service; and c) no incompatibility causes as set forth in section 441 below 2/9
433 The CNMV must be notified of the appointment of the Responsible of Customer Care Service 44 Incompatibility Causes and Conflicts of Interest 441 The following shall be deemed as grounds for incompatibility: a) to currently perform, or having done so in the last year, commercial or operational duties in any of the entities pertaining to the group to which the Branch and the Company belong (the Group ); b) to render professional services to competing companies of the Branch, as well as to take on jobs as an employee, executive or as a manager of those companies; c) to perform the duties of a member of the Board of Directors, chief executive, general manager or the like, or to carry out any executive duties in any credit institution, investment firm, a collective investment institution management company, pension funds management company or an insurance brokerage company not belonging to the Group; d) to be a part of the Board of Directors or managing body, or to take on jobs as an employee, executive or manager in more than four Spanish entities not belonging to the Group, except when the Responsible of Customer Care Service, his/her spouse, ascendants or descendants, or relatives by blood or affinity up to the second degree, either directly or collaterally related, altogether or separately, own a stake equal or superior to the resulting ratio of dividing the share capital of such company by the number of members of its management body; or, in the event of holding legal representation of minor, absent or disable persons; e) to fill political positions, or to perform any other activities that may entail a relevant public impact or that may in any way affect the image of the Customer Care Service; and f) those specifically established at any time in the applicable law 442 When the Responsible of Customer Care Service encounters a conflict of interest in relation to a complaint or grievance, either because it affects it directly or because it affects its relatives by blood or affinity up to the third degree, other persons with which he/she maintains or may have maintained a close relationship, it must inform the relevant Company s Board of Directors immediately The Company s Board of Directors will then exceptionally appoint another person meeting the conditions required to occupy the office of the Responsible of Customer Care Service and not being affected by such circumstance to address and resolve the complaint or grievance in question 443 In the following instances, the Responsible of Customer Care Service appointment shall cease and the Company s Board of Directors shall appoint a replacement as soon as is reasonably practicable: a) loss of the requirements regarding his eligibility; b) death or incapacity; c) having been found guilty of a criminal offence by final judgment; d) resignation; or e) dismissal due to negligence in the performance of his duties 444 If the position of Responsible of Customer Care Service becomes vacant, the Company Board shall immediately appoint a new Responsible of Customer Care Service In the event that the Responsible of Customer Care Service appointment ceases, the actions taken by the former Responsible of Customer Care Service shall remain valid up to the date of termination 445 The dismissal and subsequent appointment of a new Responsible of Customer Care Service shall not affect the time period in relation to the deadline for resolving a complaint 3/9
45 Duration of the Position 451 The office of Responsible of Customer Care Service shall remain in appointment until the occurrence of one of the scenarios in 443 mentioned above or as determined by the Company Board at its absolute discretion 46 Supervision 461 The Company Board and the Responsible of Customer Care Service shall hold regular meetings, as frequently as they deem appropriate but not less than once a year, to analyse the operation of the Customer Care Service and take any measures that, where applicable, may be deemed necessary to ensure the proper performance of his/her duties and to promote and ensure the Branch's compliance with the legislation on the protection of customers and good financial practice and customs 5 PROCEDURE FOR THE SUBMISSION, PROCESSING AND RESOLUTION OF COMPLAINTS 51 Submission of complaints 511 The Branch define a complaint as being an expression of dissatisfaction by a Customer with regards to any of its products, services or behaviours and its legally recognized interests and rights Where there is any uncertainty whether a particular expression of dissatisfaction should be deemed as a complaint or not, it should be discussed with the Responsible of Customer Care Service 512 Complaints must be submitted by Customers or their representatives within a maximum of two years from the date on which they became aware of the events giving rise to the complaint 513 Customers have the right to complain via any method they choose, for example in writing by email or letter, face to face, via telephone or by any other reasonable means Although all complaints must be taken into consideration and resolved if possible, in order to initiate the procedure under this Section of the Regulations, all complaints must be submitted in written form 1 either personally or through the Customer s representative (in which case, it will be necessary to evidence such representation) in the Branch address (and, if any, in any of the offices that the Branch may eventually open), in paper or electronic format, provided that the format is readable, printable and the documents can be stored and the signature fulfils the requirements established in Law 59/2003, of December 19, on digital signatures, as amended or, if any, in the eventual law that may replace it 514 The processing shall commence by means of document submitted, by any of the means set forth in section 513 above, containing the following information: a) Name, last name (or registered office) and address of the Customer and, if applicable, of their representative, duly certified; and the National Identity Card number, passport or Spanish Foreigners Identification Number or the data from the corresponding public registry; b) Reason for the complaint, clearly specifying the issues on which a decision is requested; c) Office, department or service where the events subject of the complaint took place; d) That to the Customer s knowledge, the matter which is the subject of the complaint is not subject to administrative or legal proceedings or arbitration; e) Place, date and signature The Customer shall provide the documentary evidence available to him/her in which the complaint is based along with the complaint document For the clients convenience, Moneycorp provides a claims and complaints form 4/9
515 If the complaint is not directly received by the Customer Care Service, it must be reported via the appropriate form by that department to the Responsible of Customer Care Service The complaints shall be submitted only once by the interested party, and the latter shall not be required to submit it again before different bodies within the Branch or the Group 516 Immediately after receiving the complaint, the Customer Care Service shall acknowledge the receipt of the complaint to the Customer or his/her representative, expressly recording the complaint submission date for the purpose of determining the starting date for counting the period for issuing a decision 517 Email address to submit complaints sac@moneycorpcom 52 Acceptance for consideration 521 In the event that the identity of the Customer is not sufficiently established, or the adequacy of the legal representation (in case the complaint is submitted through a representative), or the facts subject of the complaint cannot be established with sufficient clarity, the Customer (or its representative) will be requested by the Customer Care Service to complete the documents submitted within ten calendar days, and shall be warned that if they fail to do so, the complaint shall be filed with no further action The period for the Customer (or his/her representative) to correct any errors referred to in the above paragraph will not be included within the term of eight weeks established in paragraph 32 above 522 Acceptance of consideration of complaints may only be denied in the following cases: a) when information that is essential for processing the complaint is omitted and cannot be supplied, including cases in which the reason for the complaint is not properly specified; b) when the claimant attempts to submit as complaints requests or acts that fall within the jurisdiction of administrative or legal bodies or arbitrators, or are pending resolution or litigation, or the matter has already been dealt with by any of those bodies; c) when the facts, reasons and requests made regarding the issues which are the subject of the complaint do not refer to specific operations or do not meet the requirements established in article 3 above; d) in the case of complaints that have already been resolved in prior claims, submitted by the same Customer with regard to the same facts; e) when the term for submission of complaints established by section 512 above has elapsed; and f) when a complaint is deemed to be unacceptable for consideration for any of the reasons indicated above, the Customer (or his/her representative) shall be sent a reasoned explanation of the decision, and given ten calendar days to submit any allegations In the event that the Customer (or his/her representative) replies and the causes for non-acceptance are upheld, they shall be notified by the Customer Care Service of the final decision made Nonetheless, if after the reception of the reply by the Customer, the reason by which the opening of the case file was denied is not applicable, the proceeding will resume, and the time used by the Customer Care Service and the time used by the Customer to send his/her reply will not suspend or interrumpt the eight weeks time limit countdown The Customer Care Service shall inform the Customer accordingly 53 Investigating complaints 531 It is important to apply the following rules when investigating the complaint: 5/9
a) all complainants must be treated fairly, with all complaints investigated competently, diligently and impartially; b) investigations into the following should be carried out in a timely manner: the subject matter, whether the complaint should be upheld and whether redress or remedial action is appropriate; and c) all complaints must be treated fairly and consistently (eg we must be able to demonstrate that for two similar situations we took similar action) 54 Processing 541 When processing the complaint, the Customer Care Service may seek from the Customer or his/her representative and/or the Branch employees any details, clarification, information or evidence that it may reasonably require for the resolution of the case Anyhow, once the complaint has been accepted for consideration, the Customer Care Service shall contact the affected departments or services of the Branch immediately and request all necessary documents, data and clarifications All services and departments of the Branch are obliged to submit to the Customer Care Service all documents, information and clarifications that the Customer Care Service may require them in the performing of their duties 542 The Customer Care Service shall maintain a separate record for each Customer complaint with all the documents that have been added to the proceedings Such records shall be kept in accordance with the applicable record keeping regulations in force in Spain at any the time and in any event for not less than six years 543 Whenever a connection exists between the complaints submitted by the same Customer/s, the Customer Care Service may choose to accumulate them in one only case file for coherence purposes 544 The Customer Care Service shall take all necessary steps to ensure compliance with the Spanish data protection regulations in force at any given time 55 Acceptance and withdrawal 551 If the Branch services remedies the situation to the satisfaction of the Customer, must notify such remedy to the Customer Care Service by providing the relevant documentation Such notification will not be required when the Customer explicitly withdraws its complaint 552 The Customer (or his/her representative) may withdraw its complaint at any time Withdrawal shall lead to the immediate conclusion of the procedure regarding the relations with the Customer Nevertheless, if the Customer Care Service deems it convenient, within the framework of its promotional role of transparency and customer protection regulations and best banking and financial practices compliance, it may agree to continue with the proceedings 56 Responding to Complaints 561 Complaints must be resolved as soon as possible, preferably within 5 working days and in no case later than 8 weeks from the date on which the complaint was received Without prejudice to this term, failure to issue a ruling in time shall in no way imply the Company s compromise or acceptance of the complaint If the 8 week period comes to an end without the Customer Care Service issuing a decision, the Customer may submit their complaint to the CNMV s Complaints Service 562 If the final decision cannot be provided within 5 working days, the Customer must be contacted to provide an update and reassure them that the matter is being investigated 563 The decision must: 6/9
a) be in writing; b) be reasoned and contain clear conclusions regarding the request set out in the complaint, and based on the contract terms, the applicable rules on transparency and customer protection, and good financial practice and customs If the decision is not in accordance with the criteria applied by the Customer Care Service in similar previous cases, it must give its reasons for the change of criteria; c) explain what investigations the Branch undertook and the conclusions reached the response must either accept the complaint or reject the complaint, clearly explaining the reasons for doing so (the complaint is or is not upheld); d) contain an offer of redress or remedial action where appropriate, regardless of whether the complaint is upheld; and e) contain an express reference to the Customer's right to resort to the CNMV s Complaints Service if it disagrees with the decision To that end, the decision shall also include the CNMV s Complaints Service s postal and e-mail address 564 When the Customer Care Service considers that the complaint is not referred to the activities of the Branch, but to that of any other Group entity, the Customer Care Service shall expressly include in the decision the contact details of such entity and, if any, those of its Customer Care Service 565 The requirement to send only one final decision does not prevent the full investigation of the complaint, including discussion with the Customer where necessary However, amounts of Compensation and Goodwill must not be negotiated further once the final response has been sent Compensation is defined as any amount paid to restore the Customer to their original financial position Goodwill is defined as any additional amount paid as a gesture of apology, not linked to any financial loss 566 The decision shall be notified to the Customer (or his/her representative) within ten calendar days from the date it is made, in writing The decision shall be notified by the same means by which the complaint was lodged, except if the Customer (or his/her representative) has expressly designated a specific means 567 The Customer will not be obliged to accept the decisions made by the Customer Care Service and may exercise all administrative and judicial actions that he/she deems appropriate regarding the facts that caused the complaint 568 The Branch must adopt those decisions in favour of the Customer within the time limit set out for such purposes in the Customer Care Service s decision The service or department responsible for the adoption of the necessary measures for the execution of such decisions shall inform the Customer Care Service of all of the steps taken to enable compliance with the decision This, however, will not prevent the Branch from initiating judicial, administrative, arbitral or of any other nature proceedings as it deems convenient in order to safeguard its rights and legitimate interests 57 Closing Complaints 571 The Branch will consider a complaint to be closed in any of the following circumstances: a) the Customer has accepted an offer of compensation or goodwill; b) the Customer has confirmed that he/she is satisfied with the Branch s response to the complaint; c) the Customer confirms in writing that he/she wishes to withdraw the complaint; or 7/9
d) the Customer has not replied to the Branch final response within 8 weeks 572 To formally close a complaint the Branch and the Company s internal records must be updated by the designated complaints handler for the division concerned Notes must contain details of the outcome and actions taken to resolve the complaint 6 MONITORING COMPLAINTS The Group Risk and Compliance department is responsible for performing complaints analysis The monthly reports to the Board and Executive Committee contain complaints statistics and analysis 7 RELATIONSHIP WITH THE NATIONAL SECURITIES MARKET COMMISSION COMPLAINTS SERVICE 71 The Customer Care Service shall be responsible for complying with the requests made by the CNMV s Complaints Service in the performance of its duties, within the times specified by the latter in accordance with its own rules 72 The Branch shall pass the necessary resolutions and take all appropriate action to facilitate the transmission of data and documents that may be necessary in its relations with the CNMV s Complaints Service by telematic means through the use of an electronic signature in accordance with Article 4 of Law 59/2003 of 19 December 2003 on electronic signatures and its implementing regulations 8 PUBLIC INFORMATION 81 The Customer Care Service shall be also responsible for its compliance with its reporting obligations, as determined by the Order and, in general, by the transparency and financial customer protection regulations 82 In particular, it shall ensure that the following information is available at the Branch s address (and, if any, in any of the offices that the Branch may eventually open) and web page: a) the existence of the Customer Care Service, with its postal and electronic address; b) the Branch obligation to deal with and settle those complaints submitted by Customers within a eight weeks period since their submission to the Customer Care Service in any form as described in the article 102 of these Regulations; c) a reference to the CNMV s Complaints Service, its postal and electronic address, as well as to the need to exhaust all proceedings established by the Customer Care Service and to address complaints to the CNMV s Complaints Service; d) an updated and consolidated version of this Regulations; and e) references to the transparency and customer of financial services protection regulations 9 ANNUAL REPORTS 91 The Customer Care Service shall submit to the general manager of the Branch a report on the performing of its duties during the previous financial year regarding its activity The report shall include at least the following information: a) a statistical summary of the complaints dealt with, with information regarding their number, their acceptance for consideration and reasons for non-acceptance, causes and matters raised in the complaints, as well as the relevant amounts; b) a summary of the decisions made, indicating their favorable or unfavorable nature for the Customer; c) general criteria set out in the Customer Care Service s decisions; and 8/9
d) recommendations or suggestions derived from its experience, with a view to it providing a better achievement 10 AMENDMENTS 1011 These Regulations may only be amended by the General Manager of the Branch in accordance with the transparency and customer protection regulations applicable from time to time 1012 The before mentioned amendments, once approved by the General Manager of the Branch, shall be referred by the Customer Care Service to the CNMV for its verification following the same procedure as the one required for the approval by the CNMV of these Regulations 1013 All Complaints submitted by Customers before the date on which the before mentioned amendments are approved shall be processed in accordance with the customer care service proceedings and applicable regulations before the mentioned date 9/9