RULES AND GUIDELINES

The main standards, requirements and rules that describe the process of interaction with our organisation, as well as the rights and obligations of all parties.

INTRODUCTION

This entity functions autonomously, with its central mission focused on resolving disputes within the financial industry. As a self-regulating body, it does not need oversight from external regulatory authorities and is not required to register as an EDR.

Membership is open to both individuals and organisations engaged in financial services. All members must adhere to the standards and core principles established by the company, which are binding.

The organisation is guided by 3 primary objectives:

  • To offer an impartial alternative dispute resolution service when the involved parties are unable to reach an agreement.
  • To act as a neutral and equitable intermediary in settling conflicts.
  • To support both investors and brokers affiliated with the organisation in addressing and resolving disputes.
MEMBERSHIP

To become a member, a broker must demonstrate a minimum of three years’ professional experience in the financial sector. This ensures that all participating members possess a solid foundation of industry knowledge and practical expertise.

For brokers who have not yet met the three-year threshold, membership is still possible through a verification process. This requires submitting a recommendation from a senior executive at a reputable financial firm with a minimum of three years in operation. The company provides multiple membership levels, each defined by specific criteria such as commission structure, the volume of dispute cases handled, and other operational factors.

TYPES OF COMPLAINTS

The reasons for complaints that the company may submit to the Committee are as follows:

  • The broker has violated one of the rules set out in the agreement with the applicant.
  • The broker has violated one of the common standards for the quality of services provided in the financial sector.
  • The broker has committed discriminatory or other unfair actions against the applicant.
REPORTING REQUIREMENTS

Members at all/certain levels are required to provide reporting information to the organisation. The relevant requirements will be posted on the organisation’s website.

OBLIGATIONS OF THE DISPUTE RESOLUTION COMMITTEE

Members of the Dispute Resolution Committee may be appointed solely in accordance with the decisions of the Company. This Committee has the following tasks:

  • To give complaints a comprehensive assessment based on the jurisdiction where they were filed, an analysis in accordance with the existing rules and any subsequent orders.
  • To grant orders in full compliance with previous decisions.
  • To issue directives for the implementation of decisions in accordance with the orders issued.

The Committee’s responsibilities, as outlined here, represent its current mandate. Any alterations, whether adding or removing duties, require approval from the Board of Directors.

MEMBER’S DUTY TO INCLUDE A DISPUTE RESOLUTION CLAUSE

Each contract with a client that a broker-member enters into after passing the check and receiving the certificate must include a clause on the user’s right to file a complaint.

ASSETS AND INCOME

Funds are strictly allocated for maintaining the company’s operational capacity or for supplementing the Compensation Fund. Under no circumstances may they be distributed among participants.

The company holds the obligation to make contributions to the Compensation Fund, which serves as a financial safeguard for customers in the event of a complaint. A separate account must be established by the company to manage this Fund. Alongside the company’s direct contributions, the Fund also receives a set percentage of monthly fees paid by participants. While the Fund may define compensation limits in advance, it is under no obligation to cover losses beyond those predefined amounts.

All compensation values are considered temporary. Any adjustments will be communicated through the company’s official website. The company has an inalienable right to disburse funds from the Compensation Fund to settle customer complaints if a dispute arises and the involved member refuses to comply with a decision made by the Committee. Even in cases when membership is terminated, they retain no entitlement to any portion of the Compensation Fund, which remains the sole property of the company. When the predefined funds are insufficient to fully reimburse all claims, it is divided proportionally among eligible applicants.

FINANCIAL REQUIREMENTS

The company reserves the right to make members who are at any/certain level subject to additional fees. Information about such requirements will be posted on the company’s website.

INDEPENDENCE

As an independent organisation, the company does not allow members to influence decision-making or any other processes.

The Committee has full authority to resolve disputes, so it is:

  • responsible for making decisions on complaints;
  • responsible for its decisions only to the Board of Directors.
COMPLAINT PROCESS

When a complaint is received, the company checks whether the broker it refers to has a membership status. If so, the complaint is processed according to the official protocol. If not, it is automatically rejected.

According to the official rules of the dispute resolution process, the complaint is processed within a period of no more than 10 days. During this time, the member is obliged to provide the company with a full report on the situation that led to its occurrence.

Complainants who are not satisfied with the response received from the broker have the right to forward their request to the company, which, in turn, will forward it to the Committee for consideration.

AUDIT OF MEMBERS OF THE COMPANY

The company has every right to audit its members every year. This process includes a comprehensive check of how their activities comply with the company’s requirements.

During the audit, all members undertake to provide the company with access to their property, personnel and other necessary details, thereby fully cooperating with the procedure.

MEMBER RECOVERY PLAN REQUIREMENTS

To ensure business continuity during unexpected disruptions, every member must develop and maintain a Recovery Plan. This not only facilitates the rapid resumption of operations but also enhances the Member’s professional credibility. The Recovery Plan should include:

  • Details of backup resources and locations.
  • A clearly defined recovery procedure.
  • Contingency steps for third-party service failures.
  • Annual testing protocols.
  • Guidelines for communication with the company.
  • Third-party contact details.
  • Emergency connection protocols.