Updated 04/02/2025
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Article 9 - Regulation 2016/1011 (BMR)

Article 9

Complaints-handling mechanism

1.   An administrator shall have in place and publish procedures for receiving, investigating and retaining records concerning complaints made, including about the administrator's benchmark determination process.

2.   Such a complaints-handling mechanism shall ensure that:

(a)

the administrator makes available the complaints-handling policy through which complaints may be submitted on whether a specific benchmark determination is representative of market value, on a proposed change to the benchmark determination process, on an application of the methodology in relation to a specific benchmark determination, and on other decisions in relation to the benchmark determination process;

(b)

complaints are investigated in a timely and fair manner and the outcome of the investigation is communicated to the complainant within a reasonable period of time, unless such communication would be contrary to objectives of public policy or to Regulation (EU) No 596/2014; and

(c)

the inquiry is conducted independently of any personnel who may be or may have been involved in the subject-matter of the complaint.