Legal

Complaints Handling Procedures

Pemberton Capital Advisors LLP always aims to provide the highest standard of service to its clients but on occasion we may fall short of this goal and a client may express dissatisfaction.

When we receive any letter, fax, email, telephone call or personal communication which expresses dissatisfaction about services which we have provided or failed to provide, we will attempt to resolve the matter promptly and fairly.

Acknowledgement of Complaints

Whether you complain during a telephone conversation or meeting, or in a letter, email or other communication, we will record your concerns and pass the details to our Compliance Officer for investigation. You will receive an acknowledgement from the Compliance Officer within five business days, giving you the name of the person who will handle your complaint.

Investigation and Resolution

The Compliance Officer will investigate your complaint and attempt to resolve it as quickly as possible. You may be asked to provide additional information to assist in this process.

Within four weeks of making the complaint you will receive either a final response or a holding response indicating when you may expect a final response from us.

Within eight weeks of making the complaint you will receive either a final response or a letter explaining why we are still not in a position to make a final response and when this can be expected. We only have dealings with Professional Clients and Eligible Market Counterparties so we are exempt from the right to use the Financial Ombudsman Service which applies only to “eligible complainants”. We aim always to resolve complaints within eight weeks; it should only take longer than this if we have to request further information from you or from a third party to establish all the facts.

The final response will set out the facts that have been established during the investigation.

Anti-bribery and corruption policy

Pemberton Capital Advisors LLP (“PCA”) values its reputation for ethical behaviour and for financial probity and reliability. It recognises that over and above the commission of any crime, any involvement in bribery will also reflect adversely on its image and reputation. Its aim therefore is to limit its exposure to bribery by:

  • Setting out a clear anti-bribery policy;
  • Training all partners, employees, consultants and clients, so that they can recognise and avoid the use of bribery by themselves and others;
  • Encouraging its partners, employees, consultants and clients to be vigilant and to report any suspicion of bribery, providing them with suitable channels of communication and ensuring sensitive information is treated appropriately;
  • Notifying all third parties that PCA engages with of its policy and zero tolerance of bribery and/or corruption.
  • Rigorously investigating instances of alleged bribery and assisting the police and other appropriate authorities in any resultant prosecution;
  • Taking firm and vigorous action against any individual(s) involved in bribery.

The Policy

PCA prohibits the offering, the giving, the solicitation or the acceptance of any bribe, whether cash or other inducement:

  • to or from any person or company, wherever they are situated and whether they are a public official or body or private person or company
  • by any individual partner, employee, consultant, agent or other person or body acting on PCA’s behalf
  • in order to gain any commercial, contractual or regulatory advantage for PCA in a way which is unethical
  • or in order to gain any personal advantage, pecuniary or otherwise, for the individual or anyone connected with the individual.

Further Clarification

PCA recognises that market practice varies across the territories in which it does business and what is normal and acceptable in one place may not be in another.

This policy prohibits any inducement which results in a personal gain or advantage to the recipient or any person or body associated with the recipient, and which is intended to influence them to take action which may not be solely in the interests of the Partnership or of the person or body employing or contracting with the recipient or represented by the recipient.

This policy is not meant to prohibit the following practices providing they are customary in a particular market, are proportionate and are properly recorded:

  • normal and appropriate hospitality; and
  • the giving of a gift for a corporate reason or at another special time, as long as this is reported in the proper manner within the firm on the Gifts Register maintained by the Compliance Officer.

Inevitably, decisions as to what is acceptable may not always be easy. If anyone is in doubt as to whether a potential act constitutes bribery, the matter should be referred to the Managing Partner of PCA before proceeding. If necessary, guidance should also be sought from the Compliance Officer.

Partners, Consultants and Principles Responsibility within PCA

The prevention, detection and reporting of bribery is the responsibility of all partners, employees and consultants throughout the partnership. Suitable channels of communication by which consultants or others can report confidentially any suspicion of bribery will be maintained via the Anti-Corruption Reporting procedures.

> €7.6bn
ASSETS UNDER MANAGEMENT1
19
TARGET COUNTRIES WHERE WE SEEK
LENDING OPPORTUNITIES
95+
PERSON DEDICATED TEAM2
40+
INVESTMENT PROFESSIONALS ACROSS EUROPE
97
INVESTORS GLOBALLY1
8
LOCATIONS ACROSS EUROPE, CLOSE KNIT LOCAL COVERAGE OF EUROPEAN BORROWERS3

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