SCP Managing Director
DECISION
on Handling Claims and Complaints at Securities Centre (SCP)


Rules of Claims and Complaints Procedure

This decision regulates the conditions and procedures in handling claims and complaints at the Securities Centre (hereinafter as the “SCP”).

Article I.
Persons Entitled

1. Account owners and applicants for services provided by the SCP under § 56 Paragraph 4 of Act No. 591/1992 Coll., on Securities (the Securities Act) as amended (hereinafter as the “Act”), and the Parties to the contracts concluded with the SCP, are entitled to file claims and complaints against:

   a) the way of processing the services requested, b) the reasons of refusal to accept the above services for processing, c) the processing thereof in a time-limit other than arranged.

2. Each of the persons entitled has the right to file a complaint against the conduct by the SCP workers and against the proceedings thereof in providing the SCP services.

Article II.
Place and Particulars of Filing Claims and/or Complaints

1. Any person entitled (hereinafter the “complainant”) may file in person a claim or a complaint at any basic SCP Office. In the interest of the effectiveness and dispatch of the proceedings it is advisable that a place of filing such claim or complaint should be the SCP Office whose agenda is related to, or connected with, the said claim or complaint.
   
   
2. A claim or complaint may also be filed in writing by registered mail to the address of the Securities Centre (SCP), P.O. Box 50, Rybná 14, Prague 1, 110 05. The claim and/or the complaint shall contain the following particulars: name and surname (family name), address of permanent residence, account identification number (birth identification number, or NID), account registration number (if the claim or complaint is relating to the services provided to an owner of dematerialized, i.e., booked, securities). A claim or complaint shall be accompanied with documents proving the stated facts, reasons of filing the claim or complaint. Without the particulars as above, the proceedings concerning the claim or complaint shall not be opened. In case of a claim or a complaint, the signature of the applicant must be officially authenticated, and, at the same time, a document proving the coverage of the down payment under Art. IV. Paragraph 1 (a copy of a money order slip, or a payment certificate) including the postage must also be sent to the SCP. If such documents are not attached to the claim or complaint, the respective procedure shall not be opened.
   
   
3. A claim or a complaint concerning the SCP activities ensuing from specific contractual relationships shall be handled at a place appointed by contract.
   
   
4. A claim or a complaint concerning the SCP activities mediated or brokered by the Prague Stock Exchange, a.s., an organizer of extra-stock-exchange market, or by a securities dealer, or by an issuer, shall be handled with the above brokers or mediators.

Article III.
Proceedings in Claims and/or Complaints Procedure, Time Limits, and Appeal of Procedure

1. A claim and/or a complaint shall be handled where it was filed. The accepting office may cede the claim and/or complaint for direct handling to another SCP office according to the subject relevance.
   
   
2. The SCP shall decide on the merits of the claim and/or complaint within a 30-day time-limit following the receipt thereof. In claims and/or complaints complicated in merits and contents the handling time may be extended up to 60 days. The complainant shall be informed about the extension of the basic handling time-limit.
   
   
3. The way of handling a claim and/or complaint shall be appealable.
   
   
4. An appeal may be filed in writing within the time-limit of 15 days following the receipt of the advice on the attendance to the claim or complaint. A part of the appeal shall be a copy of the appealed advice on the attendance to the respective claim or complaint, and the documents proving the facts relating to the claim or complaint.
   
   
5. The appeal shall be filed to the authority that decided on the claim or complaint. If the authority that decided on the claim or complaint does not comply with the appeal, the matter shall be ceded to the decision of the SCP Department of Customer Services. In case the claim or complaint was decided by the SCP Department of Customer Services, the appeal shall be decided upon by the SCP Managing Director. The time-limit for the decision on the appeal shall be 30 days following the servicing thereof to the authority that shall decide on the appeal.
   
   
6. The decision by the SCP Managing Director on the relevant matter shall be final. In case the complainant does not agree to the decision of the SCP Managing Director in the relevant matter, the complainant shall proceed in accordance with the generally applicable legal regulations.

Article IV.
General and Final Provisions

1. The complainant shall be obligated to cover the down payment of the expenses relating to the proceedings, corresponding to the price of finding the necessary information items in the SCP register at the amount set down by the current “Price List of SCP Services”.
   
   
2. If the down payment under Paragraph 1 is not covered, the claim and/or complaint procedure shall not be opened.
   
   
3. If the finished claim and/or complaint procedure proves that the claim and/or complaint was legitimate and justified, the down payment shall be returned to the complainant within the time-limit of ten working days following the sending of the result of the proceedings to the complainant.
   
   
4. The present Decision cancels the SCP Managing Director’s Decision dated 7 November 2001, Ref. No. SCP–33575/K7278–2001.
   
   
5. The present Decision shall enter into force as of 1 October 2006.