Membership Rules and Guidelines

This body operates independently, concentrating on mediating and settling disputes that arise within the financial sector. It governs itself without external oversight and does not fall under the registration requirements as an EDR.

Membership is open to both individuals and organisations whose primary activities involve financial services. All members are bound by the organisation’s internally established rules and standards, which form the foundation of its governance framework.

The company’s principal objectives are to:

  • Provide an objective mechanism for resolving disputes when the parties involved cannot reach a mutual resolution.
  • Serve as a neutral intermediary to ensure fairness and balanced decision-making.
  • Assist investors and brokers in addressing and settling disputes efficiently.

Digital Oversight Commission refers a matter to the Committee for consideration if a member broker has committed any of the following actions:

  • Violated one or more terms of the agreement concluded with the client.
  • Breached one of the generally accepted operating procedures in the financial industry.
  • Committed unfair or discriminatory actions towards the client.

The company retains the sole discretion to appoint Committee members. The Committee’s responsibilities include the following:

  • Analyse the complaint in accordance with existing regulations and orders issued subsequently.
  • In line with previously adopted decisions – issue orders.
  • Providing directives for decision implementation in accordance with the orders.

There can be only 2 appointments for which financial resources are reserved: maintaining the company’s ongoing operations and supporting the Compensation Fund. Distribution to participants is strictly prohibited under any conditions.

The company is required to make defined payments into the Compensation Fund, which exists to safeguard clients in the event of conflicts. This money must be maintained in an autonomous account. It is financed through contributions as well as a fixed portion of the monthly commissions, collected from members. The total compensation available is pre-established; once that limit is reached, the company bears no further liability for additional losses.

Compensation limits are provisional and may be revised periodically. Any modifications will be communicated through the company’s website. If a client lodges a complaint and the member in question refuses to comply with the Committee’s decision, the company may utilise the Fund to provide compensation. Brokers are not entitled to any share of the Fund if their membership ends, as ownership of the Fund remains solely with the company. In cases where total claims surpass the available amount, the Fund’s balance will be distributed evenly among eligible claimants.

As the company operates independently, participants are unable to exert influence over its processes and decisions.

Responsibility for conflict resolution lies with the Committee. As a result, it:

  • is responsible for reviewing disputes and making decisions on them;
  • is accountable only to the Board of Directors.

The company has the right to audit its members once a year to ensure they comply with existing rules. This implies that members are obligated to assist the company in every way possible, providing every opportunity to inspect their employees, property, and other valuables.

Brokers applying for membership status are subject to certain requirements. Specifically, they must provide evidence of at least three years of experience in the financial services industry. This requirement was introduced to ensure that all members possess the necessary experience in the sector.

However, even if a broker does not have the required number of years of experience, it can still apply for membership if it passes the verification process. This includes providing references from members of the management team of a reputable finance organisation with three or more years of experience.

There are several levels of membership within the company, each differentiated by various criteria, such as commission size, dispute volume, etc.

Data submission may be required of members across all or some levels by the company. When such requirements arise, they are always published on the official website.

Acquiring membership status obliges the broker to include a clause in all subsequent agreements with clients stating their right to file a complaint.

Members at some or all levels may be required to pay additional fees or commissions. Members will be notified of the need to pay them by publishing this information on the company’s website.

The first thing the company does after receiving a complaint is to verify the broker’s membership status. If the broker is a member, the complaint is accepted for review. Otherwise, it is automatically rejected.

The dispute resolution procedure rules state that the standard complaint review period is 10 days. This period is given to the broker to provide its explanation regarding the situation.

If the client disagrees with the broker’s response, they can forward their complaint to the company, which will then forward it to the Committee for review.

All members must develop step-by-step Recovery Plans for the event of an emergency. This helps them quickly recover from an unexpected situation and maintain their reputation. The following are mandatory elements of this plan:

  • Alternate site details.
  • Recovery sequence overview.
  • Steps for managing third-party disruptions.
  • Yearly validation schedule.
  • Guidance for coordination with the company.
  • Current third-party contacts.
  • Backup connectivity specifications.