ACF

Information Document and Securities and Financial Ombudsman (ACF)

Complaints

Any complaints must be sent by the investor (hereinafter the Investor/s), to the Communication and Press Department of DeA Capital Real Estate SGR S.p.A., Via Mercadante 18, 00198 – Rome (hereinafter the AMC), in writing and by means of one of the methods indicated below: 

  • Return registered letter;
  • deacapital-re@pec.deacapital.com
  • Fax +39 0668192090
  • E-mail: fondiquotati-re@deacapital.com

Complaints are considered validly received by the AMC if they contain at least the following information:

  1. identification details of the party submitting the complaint;
  2. reasons for the complaint relating to a complaint and/or statement relating to the provision of the collective management service by the AMC and that quantify economic damage;
  3. subscription or other element allowing identification of the Investor.

The AMC has adopted suitable procedures to ensure the prompt handling of complaints submitted by retail Investors.

The complaints handling process is concluded within a maximum of 60 days from receipt thereof by the AMC. The AMC will handle the complaints received with the utmost diligence and will communicate – in writing and within the aforementioned term – its decisions to the address indicated by the Investor.

The data and information relating to retail Investor complaints are kept in the Complaints Register established by the Company.

Securities and Financial Ombudsman (ACF)

The AMC refers to the Securities and Financial Ombudsman (hereinafter the ACF), provided for by Legislative Decree 6 August 2015, no. 130 in implementation of Directive 2013/11/EU on the alternative resolution of consumer disputes, established by CONSOB with resolution of 04 May 2016 no. 19602 and operational since 9 January 2017.

The ACF may be referred to by retail Investors – other than qualified counterparties pursuant to article 6, paragraph 2-quater, letter d) of Legislative Decree 58/98 (Consolidated Finance Law – TUF) and by professional customers referred to in article 6, paragraphs 2-quinquies and 2-sexies of the TUF – for the resolution of disputes arising with the AMC regarding obligations of diligence, correctness, information and transparency provided for with respect to Investors (in the exercise of the activities regulated in part II of the TUF, including cross-border disputes and disputes covered by EU Regulation no. 524/2013), before referring to the Judicial Authority.

ACF operations do not include damages that are not an immediate and direct consequence of the non-fulfilment or violation by the AMC of the aforementioned obligations, those that are not of a financial nature and disputes involving the request for sums of money for an amount exceeding Euro 500,000.

If the AMC fails to respond within 60 days from the date the complaint is submitted, or if dissatisfied with the outcome of the complaint, the retail Investor can appeal to the ACF. The right to appeal to the ACF:

  • must be exercised by the Investor within one year from the date the complaint is submitted to the AMC or, if the complaint was presented before the start date of the operations of the ACF, within one year from that date;
  • may not be waived by the Investor and is always exercisable, even in the presence of clauses for reference of disputes to other out-of-court resolution bodies contained in the contracts.

Appeal to the ACF may be submitted – exclusively by the Investor, personally or through an association representing the interests of consumers or a proxy – when, regarding the same facts that are the subject of the appeal, other out-of-court dispute resolution procedures are not pending, even at the initiative of the AMC that the Investor has adhered to.

In any case, the foregoing is without prejudice to the right of the Investor to refer to the Judicial Authority whatever the outcome of the out-of-court settlement procedure.

The AMC guarantees that any complaints received from Investors will always be evaluated in light of the guidelines inferable from the decisions taken by the ACF. In the event of non-acceptance or partial acceptance of such complaints, the AMC will provide the Investor with adequate information on the methods and times for submitting an appeal to the ACF at Consob.

Appeal to the ACF is free and there are reduced resolution deadlines (within 90 days from the closure of the file).

The appeal may be submitted by the Investor online and in the manner provided on the ACF website.

For further information on the ACF and on how to submit an appeal, reference may be made to the website https://www.acf.consob.it/