Claim Management Regulation of CRAC-ORG Felszámoló és Csődmenedzselő Zártkörűen
Működő Részvénytársaság
01 October 2012
I. General instructions
1. Purpose of Regulation
JThe purpose of this present instruction (further on: instruction) is to regulate the procedure order of client claim management of the CRAC-ORG Felszámoló és Csődmenedzselő Zártkörűen Működő Részvénytársaság (further on: Crac-Org Zrt or Company).2. Personal and Factual Effect of the Instruction
The personal effect of the instruction extends to the employees and assignees of the Company, furthermore, all persons and organisations acting in the interest or to the benefit of the Company. The factual effect of this present instruction extends to the management of the claims.3. Explanatory Instructions
3.1. Claim – Each such individual request or claim arising against the behaviour, activity and/or failure of persons or organisations acting for the interest and to the benefit of the Company, in which the complainant claims the measures of the Company, and defines his relating concrete, unequivocal requirement, is to be considered as Claim. It is not qualified as claim, when general information, opinion or standpoint is requested from the Company. Provided there were legal proceedings in the subject of the claim according to the Code of Civil Procedure under process, the requisition arriving in relation with the relating matter under the legal proceedings is not to be considered as claim; such requisition is to be considered as a written document in connection with the legal proceedings under process.
3.2. Claimant – Each such natural person, legal entity, business enterprise without the status of legal entity, or any other organisation, who/which requires the Company’s services, enters into relations with the Company’s activity in its quality as creditor, or being the addressee of communication in connection with the services (further on: Client), and submits claim as defined in clause 4.1., is to be considered as Claimant.
4. Principles of Regulation
4.1. The objective of the Company is to strengthen the client-centric approach, so efforts must be made to perform the examination of claim declarations, the remedy of possible Client injury, and the communication to the Client in a client-friendly way.
4.2. The receipt, administration and registration of Clients’ claim declarations is performed under the inspection of the Company’s relating professional director. The receipt (with the exception of documents arriving to the central filing division), filing, in case of need for professional adjustments the transfer, as well as the issuance of documents connected to the client claims in accordance with the Company’s internal regulation is made by the professional director. In case of mail delivery the receipt, filing and transfer is made together with the envelope in all cases. The written documents relating to the client declarations are to be saved for the period generally prescribed for document saving.
4.3. The Company will publish this present Claim Management Regulation on its web-site.
4.4. The Company will not apply any separate fee against the examination of the claim.
II. Detailed Instructions
1. Method of Claim Declaration
1.1. The Claim Declaration can be made
verbally:
personally,
by phone.
in written form:
personally or by document submitted by other person,
by mail,
in e-mail,
by fax.
1.2. The Claim Declaration may arrive
to the central addresses of the Company,
to any organisational unit and employee of the Company,
to the Secretariat of the Company.
1.3 The central addresses of the Company for the present purposes are: E-mail: cracorg@cracorg.hu, Phone: +36-76/486-606; +36-76/486-607, Fax: +36-76/481-884.
2. The Official Channel, Receipt, Registration and Management of the Claim Declaration
2.1. The Official Channel of the Claim Declaration
2.1.1. The arrived claims are transferred to the relating person in charge by the secretariat, or the person who was aware of it first within the Company, respectively, with the simultaneous notice to the professional director.
2.1.2. Provided the claim of the Client, considering the legal proceedings under process between the Company and the Client, – is not to be considered as claim, the legal representative of the Company is obliged to inform the Client in written form that, based on the proceeding in process, the requisition will be judged – in accordance with the regulation of the Code of Civil Procedure – by the competent court. In such case no filing of the requisition can be performed. The fact whether there are any legal proceedings under process between the Company and the Client, is controlled by the professional director.
2.2. The Receipt of Claim Declarations
2.2.1. The receipt and filing of the claim declarations are exclusively performed by the professional director.
2.2.2. In case of personal requisition, provided there was no possibility to the immediate remedy of the claim, or it was not accepted by the Client, a protocol confirming the declaration of the claim is to be made by the relating executive, in case of lack or absence of him/her, the professional director.
2.2.3. In case of declarations arriving to the Company in written form (personally, or by document submitted by other person, by mail delivery or electronic correspondence, or by fax), the letter sent by or signed by the Client is to be transferred to the relating person in charge, while a copy must be sent to the professional director.
2.3. Communication to Client about the Process of Managing the Claim Declaration
2.3.1. The relating person in charge, should the claim arrive either personally, or in any other form, is obliged to inform the Client in a way defined in clause 2.3.2. on the order of claim management system, and within the frame of this on the fact that the Company has its communication on the claim management that can be read on the website of the Company.
Furthermore, it is obliged to inform the Clients:
on the dateline and form of feedback on the Claim Declaration,
on the options of internal and external remedy options, and
that, provided no complete data necessary to the examination was to disposal, the Company – in the form of supplying a deficiency – may request supplementary information from the Claimant. It has to be signed that in this case the execution period is to be understood from the date of the arrival of supplying a deficiency.
2.3.2.The executive in charge has to perform his obligation of communication defined in the above clause - in case of personal requisition: ensuring the personal discovery of documents of claim management; - in case of requisitions arriving by mail and e-mail or fax or phone the publication date on the website is to be considered as communication.
2.4. Management of Claim Declaration
The related executive being mostly involved into the relations of the claim declaration will examine the declaration in reality, and prepares the draft of the answering letter. Provided the Claim Declaration involves other organisational unit(s), the organisational unit preparing the draft of the answering letter will have to obtain the opinion of the other related organisational unit(s), too.
Provided there is a supplementary information needed from the claimant, the organisational unit preparing the draft of the answering letter will collect it from the claimant.
The time needed for supplying a deficiency is not to be considered at counting dateline dates. The answering letter has to include all points of claim declaration comprehensively. The answers of the claim are to be reasoned as well. The Client has to be informed in the answering letter on all options of external and internal remedies.
The organisational unit being the most related one in connection with the claim declaration will send the draft of the answering letter immediately, but latest within 7 working days from the receipt of the Claim Declaration to the professional director.
The professional director will decide as needed on the involvement of experts or legal representatives, or the communication to the general director. The Client has to be informed latest within 30 days from the receipt of the claim in written form on the decision in relation with the claim, or in case of satisfying decision, on the performed measures in connection with the claim.
The answering letter to claimant is to be sent – in basic case – with double signature; one of the signatures is from the most related executive, the other signature is from the professional director. Sending the answering letter is made in compliance with the regulation on normal deliveries. A copy of the answering letter is to be sent to the professional director as well. To all matters relating to safe-keeping of claim cases and discarding the documentation the Company’s Regulation of Archiving is to be followed.
Budapest, 01 October 2012
András Ecsédi
General Director