Complaint handling policy


In accordance with the provisions of Article 7 of EU Regulation No. 2020/1053 (hereinafter, also referred to as the "Regulation") Siamosoci S.r.l., in its capacity as a crowdfunding service provider (hereinafter the "CSP") through the platform (hereinafter the "Platform"), puts in place effective and transparent procedures for the timely, fair and consistent handling of complaints submitted by Clients.

The CSP has, therefore, developed and drafted this "Policy for the Handling of Customer Complaints" (hereinafter also referred to as the "Complaints Policy" or "Policy" for short), which is regularly implemented, reviewed and updated.

This Policy constitutes an integral and substantive part of the Terms and Conditions of Mamacrowd.

1. Definitions

"Client": any actual or potential investor or project owner to whom the Manager provides or intends to provide crowdfunding services.

"Business Day": any day that is not a weekend (Saturday or Sunday) or a holiday.

"Complaint Form": the form that the Client must complete to submit their Complaint to the SPC, available at this link.

"Platform": a computer system accessible on the Internet administered by the Manager and accessible at the following address:

"Complaint": a statement of dissatisfaction addressed to the Manager by one of its Clients in relation to the provision of crowdfunding services.

"Complaint Manager": a corporate figure responsible for the Complaint handling procedure.

"Crowdfunding Services" means the service of matching the interests in financing economic activities of investors and project owners through the use of the crowdfunding platform, which consists, precisely, of the placement without irrevocable commitment of securities and instruments admitted for the purpose of crowdfunding (as defined in Article 2, par. 1(m) and (n) of the Regulations) issued by project holders or special purpose vehicles and the receipt and transmission of customer orders with respect to such securities or instruments admitted for crowdfunding purposes, as defined in Article 2 par. 1(a) of the Regulations.

"Siamosoci" or "CSP": Siamosoci S.r.l..

2. Regulatory references

EU Regulation 2020/1503 (the "Regulation").

Delegated Regulation (EU) 2022/2117 (the "Delegated Regulation").

3. Procedure for the Handling of Complaints

3.1 Purpose and Scope

The purpose of this Complaints Policy is to outline the means by which a Customer may file a complaint with the SPC.

This Complaints Policy applies to the receipt and processing of Customer Complaints in relation to the provision of Crowdfunding Services by the CSP.

This Policy does not cover Complaints made by persons or organizations that are not Clients of the CSP. Therefore, where the CSP receives a complaint from a person who is not its Customer, the provisions of this Policy will not be applied.

3.2 Method of Submitting Complaints

Any Client who is dissatisfied with the Crowdfunding Services provided by the SPC or feels that he/she has not received an adequate level of service in relation to his/her expectations may arrange to report this in writing, at no cost, by completing this Complaint Form(downloadable at this link).

In particular, the dissatisfied Customer must provide for the completion, in Italian language, of the Complaints Form providing all the indications provided in section 3.2.1 below.

Only Complaints submitted in writing and containing all relevant information will be reviewed and processed by the SPC under this Policy.

Each Complaint may be submitted to the SPC within 6 (six) months from the date on which the circumstance from which the Complaint arises occurred.

This time limit is established under penalty of forfeiture of the Customer's right to file the Complaint with the result that a Complaint filed after the maximum time limit may not be processed by the CSP.

Once the Complaint Form has been downloaded and filled out, the Customer may forward it to the Complaint Manager at - dedicated exclusively to receiving Customer Complaints.

Where the Complaint has been correctly forwarded by the Customer, the CSP will inform the Customer that the Complaint has been received via a confirmation e-mail. In the same e-mail, the Customer will also be informed that, within 10 Business Days from the date of receipt, the CSP will notify him/her of the outcome of the pre-assessment made on the admissibility of the Complaint (referred to in paragraph 3.3. below), of the identity and contact details of the person or service to whom any questions relating to the Complaint should be addressed, as well as an indicative timeframe within which a decision on the same can be expected.

3.2.1 Information to be provided in the Complaint Form

The Complaint Form must be duly completed and accompanied by the relevant required documentation.

In particular, the following information must be provided in the Complaint Form:

  1. information about the Complainant: (i) if a natural person: full name, tax identification number and residential address; (ii) if a legal person: company name, company name, registration number and LEI (if available) and registered office. In both cases, telephone number and e-mail address.
  2. information about the legal representative (if applicable): (i) if natural person: full name, social security number and residential address; (ii) if legal person: company name, company name, registration number and LEI (if available) and registered office. In both cases, telephone number and e-mail address.
  3. information about the Complaint: (a) information about the investment to which the Complaint relates; (b) description of the subject matter of the Complaint; (c) documentation supporting the facts reported; (d) indication of the date(s) of the facts from which the Complaint arises; (d) description of the damage, loss, or injury caused (if applicable); and (e) Other relevant observations or information (if applicable).
  4. all available evidence supporting the Complaint and copies of all relevant documents in your possession (e.g., power of attorney from your legal representative, copies of contract documents, copies of emails, etc.).

The Complainant, prior to submitting the Complaint Form, must ensure that the contact information entered is accurate so that all communications from the SPC in relation to the Complaint can be properly received. the SPC assumes no responsibility if the contact information is incomplete or inaccurate.

3.3 Handling of Complaints

3.3.1 Evaluation of the admissibility or inadmissibility of the Complaint

Upon receipt of the Complaint, the CSP, first, performs a preliminary pre-assessment of the Complaint in order to determine whether the Complaint is admissible and can, therefore, be processed.

Specifically, the Complaint is considered inadmissible if:

  1. It is submitted by individuals who are not Customers of the Manager (or proxies for a Customer);
  2. It refers to services other than those actually provided by the Manager;
  3. has been forwarded to the Manager through channels other than those specifically set up for the receipt of Complaints and/or without the use of the Complaints Form;
  4. is submitted after the maximum deadline for the submission of Claims.

Within 10 Business Days from the date of receipt of the Complaint, the SPC will notify the Complainant whether the Complaint is admissible (and will be processed) or whether the Complaint is considered inadmissible, providing, if so, an explanation of the reasons why the Complaint is rejected.

3.3.2 Investigation and Evaluation of the Complaint

If the Complaint received is considered admissible, the Complaint Officer shall evaluate without undue delay whether the Complaint is clear and complete and, in particular, assess whether the Complaint contains all relevant information and evidence.

In the event that the Complaint Manager finds that the Complaint is unclear, contains general grievances, or is incomplete - not containing all relevant elements to enable its prompt processing -, he shall promptly contact the Client in order to request additional information and/or evidence necessary for the proper processing of the Complaint. In this case, the day of receipt of the Complaint shall be considered the day on which the same will be completed.

The Complaint Manager shall also keep the Complainant duly informed of any further steps taken to deal with the Complaint and shall respond without undue delay to reasonable requests for information made by the Complainant.

Once the Complaint is complete, the Complaint Manager, involving the relevant corporate structures depending on the subject of the Complaint and the legal department, shall:

  • analyze the reasons stated in the Complaint set forth, as well as the claims made by the Customer;
  • analyze the documentation supporting the reported facts;
  • analyze the documentation related to the investment that is the subject of the Complaint;
  • analyze (if applicable) the description of the damage, loss or prejudice, if any, described by the Client;
  • decide whether or not to uphold the Complaint set forth by the Client.

3.3.3 Decision of the Complaint

Upon the outcome of the assessment referred to in the preceding paragraph, within 60 days of receipt of the Complaint, the SPC will formulate a response notice to the Complainant.

In particular, if the Complaint has been assessed as well-founded, the Customer will be told in the response communication about the initiatives that the CSP intends to take and the timeframe within which they will be implemented.

If, on the other hand, the Complaint is considered unfounded, the Client, in the response communication, will be explained the reasons that led the CSP to reject the Complaint as well as the necessary indications about the possibility of turning to the Arbitration for Financial Disputes (ACF) or other forms of out-of-court dispute resolution.

If the Client is not satisfied with the response received or has not received a response within the indicated period, the Client may decide to appeal to the ACF (according to the procedures better indicated on the page "Arbitrationfor Financial Disputes").

It should be noted that, before an appeal can be made to the ACF, it is necessary, inter alia, that the Client has submitted a prior Complaint to the SPC and that the Complaint has not been upheld or has not received a response within the deadline.

3.3.4 Resolution of the Complaint

The Complaint is defined as "Resolved" if:

  1. it has been resolved by the CSP in an amicable manner through the procedures outlined in this Policy;
  2. the time limit for out-of-court mediation or conciliation procedures has expired (due to total inactivity of the claimant);
  3. an agreement has been reached between the parties through judicial or out-of-court settlement or through an acquiescence agreement (claimant's activity conciliated between the parties);
  4. the claimant has availed himself/herself of the conciliation and arbitration procedures provided for in the applicable legislation (claimant's activity landed elsewhere).

The Resolved Complaint is finally dismissed.

4 Review and monitoring of this Policy

The SPC reserves the right, at its sole discretion, to modify, amend, supplement or replace this Policy at any time.

Notwithstanding the foregoing, the CSP shall review and amend this Policy whenever there are changes in the regulatory environment or other changes that impact this Policy.

The CSP will inform Clients of all material changes to this Policy by posting the updated version of this Policy on the Platform.

Warnings pursuant to Article 19(2)
crowdfunding services provided by Mamacrowd are not covered by the Deposit Guarantee Scheme established in accordance with Directive 2014/49/EU*; securities and instruments eligible for crowdfunding purposes that can be acquired through this crowdfunding platform are not covered by the Investor Compensation Scheme established in accordance with Directive 97/9/EC**.
* Directive 2014/49/EU of the European Parliament and of the Council on Deposit Guarantee Schemes.
** Directive 97/9/EC of the European Parliament and of the Council on investor-compensation schemes.


© 2023 SiamoSoci Srl a company of Azimut Group - VAT number IT07464370969 - Via Timavo 34, 20124 MI - SC € 95.417,54 fully paid up - Registr. 8, resolution 19002 of 06/08/14

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