Regulatory Complaint Drafting
Filing a complaint with the appropriate financial supervisory authority is a critical step in holding fraudulent entities accountable and triggering regulatory action that may benefit affected individuals. EFPG prepares formal regulatory complaints tailored to the procedural requirements of national supervisory authorities across the European Economic Area, as well as cross-border complaints to European Supervisory Authorities. Each complaint is structured with precision to ensure it meets the evidentiary and procedural standards required for the receiving authority to initiate an investigation or enforcement action.
What This Involves
- Identification of the competent supervisory authority based on the jurisdiction of the fraudulent entity, the location of the complainant, and the regulatory framework applicable to the services offered.
- Drafting of formal complaints to national authorities including BaFin (Germany), FCA (United Kingdom), AMF (France), CONSOB (Italy), CySEC (Cyprus), CNMV (Spain), AFM (Netherlands), and other EEA regulators.
- Preparation of cross-border complaints to the European Securities and Markets Authority (ESMA) and the European Banking Authority (EBA) where multi-jurisdictional elements are present.
- Structuring complaint documentation to meet the specific submission formats and evidentiary requirements of each authority.
- Preparation of supporting annexes including transaction records, platform communications, and entity identification data.
Who Is This For
- Individuals who have been defrauded by entities claiming regulatory authorisation they do not possess.
- Victims of platforms that are already subject to regulatory warnings but continue to operate.
- Individuals who wish to contribute to ongoing regulatory investigations by filing a formal, well-documented complaint.
- Clients whose cases involve entities operating across multiple EU/EEA jurisdictions and require coordinated regulatory submissions.
Regulatory Context
The Markets in Financial Instruments Directive II (MiFID II) establishes the framework for the regulation and supervision of investment firms and markets across the EEA. National Competent Authorities (NCAs) are responsible for the authorisation and supervision of investment firms within their jurisdiction. The European Securities and Markets Authority (ESMA) coordinates supervisory activities across Member States and maintains a public register of authorised investment firms. Complaints filed with NCAs may trigger supervisory reviews, public warnings, or enforcement actions under the applicable national transposition of MiFID II, the Alternative Investment Fund Managers Directive (AIFMD), and related legislation.
Our Process
Jurisdiction Analysis
Determining which regulatory authority has competence over the complaint based on the entity registration, operating jurisdiction, and applicable legal framework.
Complaint Structuring
Organising the case facts, evidence, and legal references into the format required by the identified authority.
Document Preparation
Drafting the formal complaint letter and all supporting annexes, ensuring compliance with the specific procedural requirements.
Filing Guidance
Providing detailed instructions on the submission process, including required filing formats, translation requirements, and follow-up procedures.
Need Advisory Support?
If you have been affected by financial fraud and require structured advisory support, submit your case for a free preliminary assessment.
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