COMPLAINT REGULATIONS
REGULATIONS FOR EXTERNAL COMPLAINTS
Holla Advocaten
Effective date: 1 June 2008
Chapter 1. General provisions
Article 1. Definitions
In these regulations, the following terms are defined as stated below:
a. Holla Poelman Van Leeuwen Advocaten NV, trading under the name of Holla Advocaten:
the law firm, hereinafter to be referred to as HPLA NV, having its registered office in
‘s-Hertogenbosch, the Netherlands, with its offices there as well as in Tilburg and in
Eindhoven in the Netherlands, registered with the Chamber of Commerce under
number 17214709;
b. Complaint: any expression of dissatisfaction with the conduct of or an act or omission
by (an employee of) HPLA NV;
c. Employee: anyone who performs work for HPLA NV, regardless of whether he or she is
employed by HPLA NV;
d. Recipient: an employee of HPLA NV who takes receipt of a complaint;
e. Complainant: the person submitting a complaint.
Article 2. Right of complaint
2.1. Anyone is entitled to submit a complaint to HPLA NV about the manner in which HPLA
behaved towards him/her or another person in a certain matter.
2.2. For the application of these regulations, the conduct of an employee who is acting
under the responsibility of HPLA NV, will be regarded as the conduct of HPLA NV.
2.3. HPLA NV ensures that oral and written complaints are properly dealt with.
Chapter 2. Handling complaints
Article 3. Submitting a complaint
3.1. The complainant submits the complaint in writing and signed to the central complaints
handler appointed by the board of HPLA NV, i.e. Mr M.P.J. Letschert.
3.2. If the complainant does not submit the complaint to the designated contact, but to
any employee of HPLA NV, the employee will be obliged to immediately notify the
central complaints handler of such complaint.
3.3. The recipient will immediately draw up a report of a complaint submitted orally, which
the complainant will sign for approval and receive a copy of.
3.4. The complaint includes at a minimum:
a. the complainant’s name and address;
b. the date;
c. a description of the conduct that the complaint is directed against;
3.5. If the complaint has been drawn up in a language other than Dutch, French, German
or English and a translation is necessary in order to guarantee the proper handling
of the complaint, the complainant must
provide a translation into one of the above languages.
3.6. HPLA NV may decide not to handle a written complaint if it does not meet the above
requirements, provided that the complainant has been informed of the complaint’s
incompleteness and has been given the opportunity to supplement the complaint
within two weeks of such notification.
3.7. If and as soon as HPLA NV has remedied the complainant’s complaint to his/her
satisfaction, the obligation of further application of these regulations to settle the
complaint in question will lapse.
3.8. At his/her request, the complainant will be informed in writing that HPLA NV assumes
that the complaint has been settled satisfactorily.
3.9. If it turns out that the complainant is not satisfied with the handling of his/her
complaint, it will as yet be handled according to these regulations.
3.10. When handling complaints, the central complaints handler may be assisted by an
employee of HPLA NV
who is employed at the location that the complaint relates to or where the employee
involved in the complaint works.
Article 4. Confirmation of receipt
4.1. HPLA NV confirms receipt of the complaint in writing within eight working days.
4.2. The confirmation of receipt states:
a. the handling period;
b. the further procedure;
c. the name of the complaints officer;
d. the option to be heard or to waive such hearing.
4.3. HPLA NV will return a complaint not meant for it to the complainant as soon as
possible.
Article 5. Impartial complaint handling
5.1. Complaints will be handled by an independent complaints handler to be appointed by
the board of HPLA NV.
5.2. The complaints handler is entitled to obtain all information that he deems necessary
in order to handle and assess the complaint in an impartial manner.
Article 6. Limitation of the complaint handling
6.1. The complaints handler will not be obliged to handle the complaint if it relates to
conduct:
a. about which a complaint has already been submitted, which was handled with due
observance of these regulations;
b. that took place more than one year prior to submission of the complaint;
c. that was or has been subjected to the opinion of a disciplinary tribunal by
instituting proceedings;
d. in respect of which a criminal investigation or a prosecution is taking place on the
orders of the public prosecutor, or if the conduct is the subject of the investigation
or prosecution of a criminal offence and a criminal investigation or prosecution
is taking place in respect of that offence on the orders of the public prosecutor.
6.2. If the complaint is not handled, the complainant will be informed in writing as soon as
possible but within four weeks at the latest of receipt of the complaint.
6.3. As soon as possible after receipt of the complaint, the complaints handler will send a
copy thereof and of the enclosed documents to the person whose conduct the
complaint relates to.
Article 7. Right to be heard
7.1. The complaints handler determines whether the complainant and the person whose
conduct the complaint relates to will be given the opportunity to be heard.
7.2. If the complainant has declared that he/she does not wish to make use of the
opportunity to be heard given to him/her, the complainant will not be heard.
7.3. A report will be drawn up of the hearing, a copy of which will be sent to the
complainant at his/her request.
Article 8. Time limits
8.1. The complaints handler will handle the complaint within four weeks of receipt. If there
is any situation that prevents settlement of the complaint within such period, he will
be entitled to extend that period by another four weeks.
8.2. The decision to extend the period will be communicated in writing to the complainant
and to the person to whose conduct the complaint relates. The complaint will be
settled within ten weeks at the latest of receipt of the complaint.
8.3. The complaints handler informs the complainant in writing, substantiated by reasons,
of the outcome of the investigation into the complaint and of any conclusions
reached.
8.4. It is impossible to object or appeal to a decision about the handling of a complaint.
Chapter 3. Various provisions
Article 9. Complaints registration
9.1. The complaints officer appointed by HPLA NV ensures that the complaints submitted
to him are registered. He reports periodically to HPLA NV about his findings.
Article 10. Transitional provisions
10.1. A complaint that is submitted after the effective date of these regulations will be
handled in accordance with these regulations, even if the conduct that it relates to
took place prior to such date.
10.2. A complaint that was submitted prior to the effective date of these regulations will be
handled with due observance of these regulations to the extent possible.
Article 11. Short title and effective date
11.1. These regulations will be referred to as the Regulations for External Complaints of
HPLA NV.
11.2. These regulations take effect on 1 June 2008.
Holla Advocaten (HPLA NV)
