Ever Financial AD (the Company) is established in the Republic of Bulgaria (UIC 831649724) and is licensed by the Financial Supervision Commission (license RG-03-0008).

This Complaints handling policy /The Policy/ establishes the rules for managing complaints and introduces effective and open complaints management procedures and procedures for timely handling of complaints submitted by clients (non-professional clients, professional clients or eligible counterparties) or potential clients of the investment intermediary.

(amended with decision of the BD from 09.10.2020, 18.02.2022 and from 15.02.2024) The policy in its current version is updated and freely available on the website of the Company: www.ever.bg, www.rs-prime.com and in the office of the investment intermediary.

The filing of a complaint, its consideration, the measures taken for its resolution and subsequent response to the client shall be carried out in accordance with the procedure provided for in this policy.

Information related to the complaint handling  process, including information on this policy and contact details of the complaint handling unit, shall be provided to clients and potential clients upon request or acceptance of a complaint.

Filing a complaint

1. Filing of complaints in connection with the disputes between the parties, arising in connection with the provision of investment and additional services within the meaning of MFIA, shall be carried out in accordance with the procedure provided for in this Policy.
2. The filing of complaints concerning disputes between the parties arising from the application of Regulation (EU) № 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (EMIR), their processing and receipt of the respective answers, shall be carried out in accordance with the procedure provided for in this Regulation.

For the purposes of this Policy, a complaint is any written statement of dissatisfaction addressed to the investment intermediary by a client (non-professional client, professional client or eligible counterparty) or potential client of the investment intermediary in connection with the intermediary’s provision of investment and / or additional services within the meaning of MFIA.

The clients and potential clients of the investment intermediary submit their complaints to the investment intermediary completely free of charge.

Pursuant to Art. 26, paragraph 3 of Delegated Regulation 2017/565, the Company establishes that the unit responsible for reviewing complaints in the Company, received from clients or potential clients of the company is the Internal Control Department, which is also the unit for regulatory compliance in the company.

Accepting complaints

Any client or potential client who is dissatisfied with the services provided by the Company has the right to file a complaint to the latter.

Complainants may submit written complaints in free text to the Company in one of the following ways:

a) in writing at the office of Ever Financial AD, located at: 1303, Alexander Stamboliyski Blvd., Sofia, Bulgaria;

b) in writing on paper by post, addressed to: 1303, Alexander Stamboliyski Blvd., Sofia, Bulgaria;

c) by e-mail to the following e-mail: compliance@ever.bg;

Irrespective of the manner of filing the complaint, the complainant should include in it at least the following: name and surname, client number /if any/, detailed description of the circumstances of which he is dissatisfied, resp. number of the disputed positions. In addition, the complainant must indicate how and where he wishes to receive a reply to his complaint.

In his complaint, the complainant sets out in detail the circumstances that provoked him to file a complaint and are the reason for the lack of satisfaction with the Company’s services. When complainants submit their complaints in writing directly at the office of the Company, they have the opportunity to talk to the investment intermediary’s staff and discuss the issue.

When the complainants submit their complaints in writing on paper by mail, they should send their letters to the office of Ever Financial AD and address them to the attention of the Internal Control Department of the investment intermediary.

If the complainant has not addressed his letter explicitly to the Internal Control Department of the investment intermediary and it has entered with the general incoming correspondence, the employee responsible for registration of the correspondence shall forward the complaint to an employee of the Internal Control Department for entry in the register of the complaints and subsequent proceedings.

When the complainants submit their complaints by email, they should send it to the email address of the Internal Control Department of the Project at e-mail: compliance@ever.bg

If the complainant has not addressed his letter explicitly to the e-mail address of the Investment Intermediary’s Internal Control Department, but has sent it to the official e-mail address of the Investment Intermediary or to the e-mail addresses of one of the investment intermediary’s employees or departments, the employee that received the letter, forwards it to compliance@ever.bg for entry in the register of complaints and subsequent proceedings.

Registration of complaints

The submitted complaints shall be registered in the order of their receipt in the register of complaints.

If during the communication with the complainant the Company sends a response to the complaint, but he responds with a subsequent complaint or comment to the response and the communication continues in this cycle one or several times, the Company considers and responds to repeated complaints in the order in which he considers and responds the complaint itself, but repeated complaints are not entered in the register of complaints as separate complaints, and since they are logically and procedurally related to the original complaint, they are entered under its unique number.

The register of complaints is kept by an employee of the Internal Control Department of the Company.

The new circumstances in the register of complaints shall be entered in such a way that the information contained in the previous entries is not affected, and the deletion of an entered circumstance and the correction of errors shall be made in a way that does not lead to destruction or damage of the information.

The correctness of the entries in the register of complaints is checked by the head of the Internal Control Department.

The following shall be entered in the register of complaints:

a) the date of receipt and the unique number of the complaint in the Company;

(b) the applicant’s unique number;

c) the corresponding number of the primary documents stored in the archives of the Company, as well as other additional information;

d) the name and signature of the person who made the entry under letters “a”, “b” and “c”;

e) the date of consideration of the complaint by the Company;

(f) the measures taken in connection with the complaint (outgoing number of the response to the complaint from the Company);

(g) the name of the person who made the entry under letters “e” and “f”.

Procedure for reviewing complaints from the Internal Control Department:

When reviewing and responding to complaints, the Company:

(a) follow specific procedures established by the Policy;

(b) seek to gather and examine all relevant evidence and information in the case;

(c) liaise with the complainant (client or potential client) clearly, in plain language which is easy to understand;

(d) provide a response without undue delay within the time limits under this Policy;

(e) provide an opportunity for the applicant’s interests to be subsequently protected if he is not satisfied with the response to his complaint.

The head of the Internal Control Department assigns to an employee of the Department and / or he / she gets acquainted with the submitted complaint and performs the necessary investigations or inspections in a timely manner.

The head of the Internal Control Department or an employee designated by him held a meeting or telephone conversation with the complainant to clarify the case. At the discretion of the Head of the Internal Control Department, the employee of the Project, against whom the complaint was filed, was also present at the meeting.

At this stage of the examination the complaint is checked for its validity, checking the facts objectively and comprehensively and, if necessary, takes written explanations from employees of the Company, relevant persons and persons working under contract, as entitled to request additional information and clarifications by the applicant. If possible:

-> actions are taken to eliminate the non-compliance or the technical error;

-> is proposed the imposition of labor sanctions under the Labor Code or in accordance with the applicable law in the relationship.

When the complaint is partially or fully justified, the Head of the Internal Control Department makes every effort to satisfy the client’s claims and prevent potential litigation or arbitration disputes, as well as controls the preparation of a response to the complaint and controls its sending to the complainant.

If necessary, at each stage of the investigation and consideration of the complaint, the Chairman of the Board of Directors may take part, and if necessary, the issue is raised at a meeting of the Board of Directors.

The Internal Control Department prepares a final written response / opinion to the complainant, which shall be sent within 10 (ten) working days from the date of receipt of the complaint, and when the complaint is considered at a meeting of the Board of Directors – within 3 (three) working days from the meeting of the Board of Directors.

In case the complaint is characterized by factual and legal complexity, the term may be extended, but up to no more than 20 (twenty) working days. If in the course of reviewing the complaint correspondence is maintained with the client and additional information / documents are required from him or he himself submits such without being requested, then the term for ruling on the complaint may be extended accordingly. The total time limit for reply / opinion is determined by every complaint, and the deadlines are not accumulated.

As a result of the complaint and clarification of all facts and circumstances, the Company takes specific actions with respect to the client, which may be expressed by full recognition of the merits of the complaint, partial recognition or complete rejection of the complaint as unfounded and unfounded.

Depending on the above, the client may be offered full compensation for losses / lost profits, partial satisfaction of his claims or complete refusal to satisfy his claim.

Filing a complaint is not the only way to protect the customer. If the complainant is not satisfied with the response of Ever Financial AD to his complaint, he has the right to continue the protection of his interests through:

a) the competent authorities – the Financial Supervision Commission of the Republic of Bulgaria and the competent court in the Republic of Bulgaria;

b) The Sectoral Conciliation Commission for consideration of disputes in the field of activities and services under Art. 6, para. 2 and 3 of the Markets in Financial Instruments Act and of the activities and services under Art. 86, para. 1 and 2 of the Law on the activity of collective investment schemes and other collective investment enterprises, including in the provision of financial services at a distance, in these sectors (administrative body for alternative resolution of consumer disputes), with address: Sofia 1000, Slaveykov Square № 4A; phone +35929330590; website http://www.kzp.bg; e-mail: adr.finmarkets@kzp.bg.

If the complainant resides and is established in the European Union, he or she may also use the services of the European Commission’s Electronic Online Dispute Resolution Platform, available at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show

If the complainant decides to use the services of the Electronic Platform for Online Dispute Resolution of the European Commission, Ever Financial AD notifies him that it accepts as the only dispute resolution body to consider a dispute between the parties the Bulgarian Sectoral Conciliation Commission for consideration of disputes in the field of activities and services under Art. 6, para. 2 and 3 of the Markets in Financial Instruments Act and of the activities and services under Art. 86, para. 1 and 2 of the Law on the Activity of Collective Investment Schemes and Other Collective Investment Undertakings, including in the Provision of Distance Financial Services, in these sectors.

The Internal Control Department of Ever Financial AD analyzes on an ongoing basis the information from the review of complaints in order to ensure that recurring or systemic problems, as well as potential legal and operational risks are identified and overcome. The analysis covers:

(a) analyzing the reasons for individual complaints so as to identify the reasons for complaints that are common to the different types of complaints;

(b) an assessment of whether these reasons may affect other processes or products, including those in respect of which no direct complaints have been lodged; and

(c) correcting these reasons, where appropriate.

The investment firm shall publish details of the complaint handling process. These details include information on the complaints management policy and contact details of the Internal Control Department. The information is provided to customers and potential customers upon request or upon receipt of a complaint.

The filing of a complaint by clients and / or potential clients of the investment intermediary is free of charge.

The Head of the Internal Control Department has the right to make proposals to the Board of Directors of the Company, if the analysis reveals the need to change the internal acts of the investment intermediary or the existing contracts, and also has the right to take other actions. compatible with and / or derived from internal control functions.

The Company stores all documentation and information on customer complaints, measures taken to resolve them and internal investigations on magnetic (electronic) and / or paper media.

Providing information

The Internal Control Department prepares and submits to the FSC by the 15th day of the month from which a new quarter begins, a notification on the number and summary content of:

-> the written complaints received during the past quarter from clients of the Investment Intermediary, if any, as well as for the results of the review of the received complaints;

-> the lawsuits related to its subject of activity as an investment intermediary, filed during the past quarter by it and against it, respectively against members of its management body and against the persons working under a contract for it, as well as for the decisions rendered on pending cases, if any are available.

Ever Financial AD provides publicly clear, accurate and up-to-date information on the grievance process, which includes details on how to file grievances and the process to be followed in grievance redress, as well as the options available for subsequent protection of customers’ interests, including the fact that they can refer the complaint to an alternative consumer dispute resolution body. Ever Financial AD provides the information through its contractual documents and in order to ensure greater publicity of the complaints process it publishes it on its website.

This Policy is available in Bulgarian and English. In case of discrepancies in the texts of the provisions of the two languages, the text of the respective provision in Bulgarian shall prevail. By signing the contract, the customer declares that he agrees to use the Policy in one of the two available languages ​​and will not require a translation into a language other than those specified in this provision.

This Complaints Handling Policy is a separate document, which is adopted and developed on the basis and in accordance with the provisions of Art. 26 of Commission Delegated Regulation (EU) 2017/565 of 25 April 2016 supplementing Directive 2014/65 / EU of the European Parliament and of the Council as regards the organizational and operating conditions of investment firms and the granting of definitions for the purposes of that Directive (Delegated Regulation 2017/565), in connection with Art. 68 and Art. 69, para. 1 of the Markets in Financial Instruments Act (MFIA) and comply with the requirements of Directive 2014/65 / EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92 / EC and of Directive 2011/61 / EU (MiFID II) and in particular with Art. 16 (2).

The Complaints Handling Policy was adopted at a meeting of the Board of Directors of Ever Financial AD on January 31st, 2020. and cancels the previous Policy from 10.05.2018. The policy was amended by a decision of the Board of Directors from 09.10.2020 and further amended by a decision of the Board of Directors from 18.02.2022, 24.08.2022 and from 15.02.2024.