Please read the following important information carefully
Any client who believes they have suffered a loss or prejudice may, in the first instance, file a complaint with KENJEE CAPITAL INC. (“KENJEE”). The client must promptly report any concern or complaint to the Chief Compliance Officer (CCO) of the Exempt Market Dealer.
The CCO can be reached by email at compliance@kenjee.ca or by mail at the following address:
KENJEE CAPITAL INC.
c/o Chief Compliance Officer
30 Rue des Sapins
Mercier (Québec) J6R 1X9
When filing a complaint, clients are invited to complete the Complaint Form from the Autorité des marchés financiers (AMF), which is available on KENJEE’s website. This form allows the client to provide all necessary information for KENJEE to properly review the complaint.
Clients should also keep copies of all relevant documents, including the complaint form, letters, emails, and any notes regarding communications with KENJEE to facilitate processing and follow-up.
If a client wishes to obtain assistance, they may send their complaint directly to the Autorité des marchés financiers (AMF) by completing and signing the following documents:
The AMF Complaint or Reporting Form, accompanied by the Consent to Disclosure of Personal Information;
The AMF File Transfer Request Form.
The AMF will then transmit the documents to KENJEE and will assist the client throughout the complaint handling process.
KENJEE will acknowledge receipt of the client’s complaint in writing as soon as possible, generally within five (5) business days following its receipt, in accordance with applicable complaint handling requirements.
In the acknowledgment notice, KENJEE may ask the client to provide clarifications or additional information, if necessary, to allow the review and settlement of the complaint within a reasonable timeframe. KENJEE will also inform the client, at the time of the acknowledgment of receipt, of the availability of applicable dispute resolution and mediation services based on the client’s province of residence, notably those offered by the Autorité des marchés financiers (AMF) or by OBSI, as applicable.
KENJEE usually renders its decision in writing within a maximum period of 90 days following receipt of the complaint. The written decision includes, in particular:
A summary of the complaint;
The results of the review or investigation conducted;
The decision to formulate a settlement offer or not, or to reject the complaint;
And an explanation of the reasons supporting the decision.
If KENJEE is unable to render a decision within the 90-day period, it will inform the client in writing, explain the reasons for the delay, and provide a new expected date for the decision, in accordance with applicable regulatory requirements.
KENJEE clients are eligible for independent and free mediation services in the following situations:
The client first filed a complaint with KENJEE (this requirement does not apply to clients residing in Quebec; see point 2 of this schedule);
KENJEE did not render a decision within 90 days following the filing of the complaint by the client;
The client is not satisfied with the decision rendered by KENJEE.
This section specifies the terms under which the client may file a complaint to access mediation services offered in accordance with applicable complaint handling requirements.
Clients residing in Quebec must complete the File Transfer Request Form to the Autorité des marchés financiers (AMF), available on the AMF website in the Complaint Form section. The duly completed form must be sent to KENJEE. In accordance with the law, KENJEE is required to transfer the client’s file to the AMF.
Clients residing outside of Quebec may submit a complaint to the Ombudsman for Banking Services and Investments (OBSI). The complaint may be filed using the online form or by downloading the form provided for this purpose. Forms are available on the OBSI website in the “File a Complaint” section.
The Ombudsman for Banking Services and Investments (OBSI) intervenes confidentially and following an informal process. This process does not constitute a legal proceeding, and the client is not required to hire a lawyer. As part of its review, OBSI may meet with or interview the client as well as representatives of KENJEE. KENJEE is required to cooperate with the reviews and investigations conducted by OBSI.
At the end of its review, OBSI communicates its recommendations to the client and to KENJEE. OBSI’s recommendations are not binding on either the client or KENJEE. OBSI may recommend compensation of up to $350,000. Recourse to OBSI does not prevent the client from submitting their complaint to another mediation service of their choice, at their own expense, or from initiating court action.
The client has the right to use the services of OBSI when the following conditions are met:
The complaint concerns a trading or advising activity performed by KENJEE or one of its representatives;
The client submitted the complaint to OBSI within a maximum of six (6) years from the time they became aware, or should reasonably have become aware, of the event causing the complaint;
The client files their complaint with OBSI within the applicable timeframes, namely:
When KENJEE has not rendered a decision within 90 days, the client may transfer the complaint to OBSI at any time after the expiration of this period;
When the client is not satisfied with the decision rendered by KENJEE, they have a maximum of 180 days following receipt of this decision to submit their complaint to OBSI.
A word regarding legal advice: The client has the right at all times to consult a lawyer or resort to any other method of dispute resolution. A lawyer can advise the client on the options available to them. Limitation periods apply to legal recourse; any delay could subsequently restrict the client’s options and legal rights.
Ombudsman for Banking Services and Investments (OBSI)
Email: ombudsman@obsi.ca
Toll-free: 1-888-451-4519
Toronto: 416-287-2877
Website: http://www.obsi.ca
Autorité des marchés financiers (AMF)
Toll-free: 1-877-525-0337
Québec City: 418-525-0337
Montréal: 514-395-0337
Website: http://www.lautorite.qc.ca
