Empire FX Trade Limited is authorized and regulated by the Capital Markets Authority (“CMA”) under License Number 203. The Company is a private limited company, registered in Kenya, with Company Number PVT-27U5EA9J. The Company’s registered office address is 5th Floor, Empress Office Suites, along Jalaram Road, Westlands, and of P.O Box 2883-00606 Nairobi Kenya.

The Company maintains effective and transparent procedures for the reasonable and prompt handling of complaints received from complainants and keeps records of each complaint as well as the actions taken to remedy the situation. The Procedures are designed to ensure that complaints are handled fairly, promptly and within reasonable timescales.

A complaint is a statement of dissatisfaction addressed to the Company by a natural or legal person relating to an investment service provided by the company to the complainant.

A complainant is any person, natural or legal person who is presumed to be eligible to have a complaint considered by the Company and who has already lodged a complaint.

The complaints must be directed by the complainant to the Company’s Compliance Function by providing details as to their name, email, account number and a brief description of the complaint for Trading Operations complaints, as well as for non-trading Operations complaints and submit to the Company via the following methods:

By email to [email protected]

By post or in person at the Company’s Offices.

In case the Company receives a notice through the line of communication established by the Company to receive complaints, but which does not fall within the definition of ‘complaint’ above and can be characterized as an enquiry; this shall be categorized as an enquiry rather than a complaint and will be forwarded to the relevant department to be handled accordingly.

The complainant maintains the right to request for the re-classification of his/her enquiry as a complaint. A complaint shall be lodged via [email protected]

The Compliance Officer of the Company is designated as responsible for complaints management function, namely the application of this policy, and to review this policy on a regular basis to ensure that it continues to comply with applicable industry laws, regulations, guidelines and best practices and investigation. Therefore, all complaints will be forwarded to the Compliance Officer. The Compliance Officer is also responsible to communicate this policy to all employees, officers, directors, representatives and all relevant and related persons.

The Customer Support (CS) Team is responsible for monitoring and reporting minor complaints to the Compliance Officer. The team shall maintain a record of all complaints that may be required to be produced at any time without notice. The complaints log system shall include a unique reference number, information identifying the complainant, the reason for the complaint and the progress of the matter.

The company through its Compliance Department shall efficiently handle any complaint received by the complainants and aims to resolve any complaint within 30 days from the date on which we received your complaint. This may not always be possible, as sometimes the complexity of the complaint may require more time to investigate fully. If we are unable to resolve your complaint within 30 days of receipt, we will contact you to explain why we are not in a position to resolve your complaint. In case the complaint involves the Compliance Function, the complaint shall be handled by a member of the Senior Management of the Company. Further to the above, the Compliance Department shall follow the procedure depicted below when handling complaints:

The Company shall document and keep in its records the following information:

• Once the complainant files a complaint, an electronic acknowledgement of receipt will be sent to the email address of the complainant to ensure that the Company has received the complaint and is currently working on a resolution. The Company should also provide to the complainant via this email, a unique reference number of the complaint for future reference.
• The Company shall designate an officer to review and investigate all complaints lodged by complainants and recommend appropriate remedial action to the complainant.
• The Company shall handle complaints in a fair, appropriate and timely manner, and upon examining the complaint and upon reaching a decision in this respect, it shall reply to the complainant with the remedial actions to be taken or provide further clarifications, and the reasoning behind the Company’s decision, as applicable.
• The Company shall document and keep in its records the following information:
  • the identity of the complainant who filed the complaint.
  • the name of the employee who undertook to provide the service to the complainant or was responsible for the action that led to the complaint.
  • the name of the employee who undertook to handle the complaint. iv. the date of receipt of complaint/enquiry
  • the subject, nature and full description of the complaint/enquiry
  • the progress in handling the complaint.
  • the remedial action taken and/ or further clarifications provided to the complainant.
  • a summary register of complaints
  • the time it took to resolve the complaint.
• The Company shall, depending on the nature of the complaint, provide where a complaint is justified, appropriate restitution and address the weakness in its internal systems that led to the action causing the complaint. The company shall document all actions it has taken under the complaints’ procedure.

  When deemed necessary, the Compliance Department shall submit to the Senior Management the aforementioned details, for further investigation. In this case, the Company might take additional time to finalize the reply and therefore it shall duly notify the complainant about the causes of the delay and indicate when the Company’s investigation is likely to be completed.

  The Senior Management shall investigate further and coordinate with relevant heads of departments to attend to the subject of the complaint. A final response or a holding response will be sent to the complainant explaining the findings of the investigation. Where a holding response is warranted, the Company shall state the reasons why it has not been able to resolve the complaint and provide an indication of the time needed to resolve the issue.

  The complainant has the right to appeal to the Chief Executive Officer (CEO) of the Company or another appropriately Senior Officer nominated by the CEO, where the complaint cannot otherwise be resolved.

  In the unlikely event that the Company will not be able to resolve the complaint within three (3) months of receipt or in case the final decision does not satisfy the complainant’s demands, you are free to contact the Capital Markets Authority.

  The contact details of Capital Markets Authority (CMA) are:

  The Chief Executive

  Capital Markets Authority

  Embankment Plaza, 3rd Floor.

  Longonot Road, off Kilimanjaro Avenue, Upper hill

  P.O Box 74800 – 00200 Nairobi, Kenya.

  Telephone number: 00254 20 2264400/2264900/2221910/2221869/2226225

  Backup Wireless Lines: 0722 2207767/020 2611464

  Email Address: [email protected]

  Website: www.cma.or.ke

   

In case the Company receives complaints, which are not related to the Company, its products and services, the Company will inform the complainant in order to perform the necessary actions (i.e. contact the correct entity).

All decisions related to complaints shall be communicated to complainants in writing and copies shall be retained by the Compliance Department. All the documentation related to complaints shall be maintained for a period of at least seven (7) years calculated after the execution of the complaint and/or termination of the business relationship with the Client.

The Complaints Handling Policy will be reviewed at regular intervals to ensure it meets the needs of the Company and all its stakeholders by the Compliance Officer and will be approved by the Board of Directors of the Company.