Complaints Handling Policy
1. Responsibility for this Policy
This Complaints Handling Policy has been approved by the Board of BMYG Capital Pty Ltd (BMYG) and sets out the framework for receiving, assessing, investigating and resolving complaints relating to the financial services provided by BMYG and its authorised representatives.
BMYG primarily provides financial services to wholesale clients. This Policy applies to complaints received from clients in connection with those services.Where additional statutory dispute resolution obligations apply to a particular complaint, including under ASIC Regulatory Guide 271 (RG 271), BMYG will comply with those requirements. Nothing in this Policy limits a complainant’s rights under applicable law.
2. What is a complaint?
A complaint is an expression of dissatisfaction made to or about BMYG, its services, products, representatives, staff or the handling of a complaint, where a response or resolution is explicitly or implicitly expected or legally required.
A complaint may be made verbally, in writing, by telephone, email, letter, in person, online or through a social media channel controlled by BMYG, where the author is identifiable and contactable. Complaints concerning an existing remediation process, including delays or communications about that process, are also included.
General feedback or comments for which no response is expected will not ordinarily be treated as complaints. Employment-related grievances raised by employees are addressed under the relevant employment procedures.
No financial loss needs to be alleged or established for a concern to be considered a complaint.
3. How to lodge a complaint
Complaints can be made through any of the channels described above. Complainants are not required to use a particular form or provide a written complaint. Lodging a complaint is free of charge.
Complaints should be directed to:
Complaints Officer
BMYG Capital Pty Ltd
Level 28, 55 Collins Street
Melbourne VIC 3000
Email: info@bmygcapital.com
Telephone: 1300226666
When lodging a complaint, complainants are encouraged to provide their name and contact details, a description of the concern, relevant dates or documents (if available), and the outcome sought. BMYG may request additional information where reasonably necessary, but will not refuse to register a complaint merely because information is incomplete.
4. Receiving and acknowledging complaints
All complaints received by BMYG employees or representatives will be referred to the Complaints Officer, including complaints resolved during the initial interaction. The Complaints Officer will ensure that complaints are appropriately recorded in the Complaints Register.
BMYG will acknowledge receipt of a complaint within one business day, or as soon as practicable, by telephone or in writing. BMYG will take into account the urgency and circumstances of the complaint when determining the appropriate response.
For a verbal complaint, BMYG will make a written record of the substance of the complaint and the outcome sought, and may confirm key details with the complainant.
5. Assessment and investigation
The Complaints Officer is responsible for coordinating the handling of complaints and may seek assistance from relevant personnel, authorised representatives or external professional advisers. The Complaints Officer remains responsible for monitoring progress, communication and applicable timeframes.
BMYG will assess the issues raised, review relevant records and information, and consider an appropriate outcome. Complaints involving potentially significant legal, regulatory, financial or reputational risk may be escalated to senior management and/or the Board, as appropriate.
BMYG may contact the complainant to clarify the issues, any alleged loss (where applicable), or the resolution sought. BMYG will deal with complaints fairly, objectively and without unnecessary delay.
6. Resolution and response timeframes
BMYG aims to resolve complaints as promptly as practicable and will endeavour to resolve straightforward complaints within five business days after receipt.
For complaints requiring further investigation, BMYG aims to provide a substantive written response within 30 calendar days of receiving the complaint. Where a statutory maximum IDR response timeframe applies, BMYG will comply with that timeframe and any rules applicable to the particular complaint type.
For complaints subject to RG 271, a final IDR response will be provided within the applicable regulatory timeframe unless an exception or permitted extension applies. Where an IDR delay notification is required, BMYG will provide it before the applicable deadline and include the information prescribed by RG 271, including the reasons for the delay.
Where a response is required, BMYG will explain the outcome, any action taken or proposed, and, where a complaint is rejected or partially rejected, the reasons for the decision. Any additional information about external dispute resolution rights required by law will also be provided.
If the complaint cannot be resolved within BMYG’s target timeframe, BMYG will provide an appropriate progress update and continue to work towards resolution. A progress update does not replace a final IDR response or statutory delay notification where one is required.7. Further review and external dispute resolution.
If a complainant is dissatisfied with the outcome, they may request a further internal review by the Complaints Officer or, where appropriate, senior management or the Board. This optional internal review does not restrict or postpone any external dispute resolution rights.
This Policy applies to complaints received from wholesale clients only.
BMYG does not provide financial services to retail clients under this complaints handling framework. Accordingly, external dispute resolution arrangements such as AFCA are not applicable to this Policy.
Complainants may also contact ASIC at any time in relation to concerns about financial services conduct.
7. Records, confidentiality and privacy
The Complaints Officer will maintain a Complaints Register with sufficient information to identify the issues raised, the steps taken to investigate and address the complaint, communications, and the final outcome. Records will be maintained in accordance with applicable legal and regulatory recordkeeping obligations.
BMYG will handle personal information received in connection with complaints in accordance with its Privacy Policy and applicable privacy laws. Complaint information will be shared internally or externally only where reasonably necessary or legally required.
8. Oversight and continuous improvement
The Board has appointed a Complaints Officer responsible for implementing this Policy, providing appropriate employee training, monitoring the Complaints Register and reporting complaints and outcomes to the Board on a regular basis.
BMYG will consider whether individual complaints reveal broader or systemic issues, and will take appropriate remedial action where necessary. Potential regulatory reporting obligations will be assessed separately from the resolution of individual complaints.
9. Policy review
BMYG will review this Policy periodically and when material changes to its operations or applicable laws and regulatory requirements warrant an update.