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Build a professional mediation platform for securities and futures to properly handle investor demands
Release Time：2019-04-25
Guangdong is the province with the most securities and futures investors in the country. According to statistics, as of the end of March 2015, there were more than 16.6 million investors in this jurisdiction (excluding Shenzhen), accounting for 9% of the country. In recent years, with the active trading of securities and futures, transaction disputes have increased. In order to properly handle investor demands in a timely and proper manner, the regulatory authorities and self-regulatory organizations in the jurisdiction have taken mediation as an important tool for dispute resolution, gradually improved the mediation mechanism, enriched the mediation team, and promoted the continuous development of mediation in the direction of professionalism.
In March 2013, the Guangdong Securities and Futures Association (hereinafter referred to as the Guangdong Securities Association), under the guidance of the Guangdong Securities Regulatory Bureau, established the Securities and Futures Dispute Mediation Committee, and formulated the securities and futures dispute mediation management measures, mediation rules, and mediator management measures And other related systems.
The association divides mediation into simple mediation and ordinary mediation. For securities and futures disputes with clear facts and low controversy, the staff of the association will use simplified procedures to coordinate market operators to handle them by telephone or email. For more complex disputes, with the consent of both parties, ordinary procedures will be initiated and professional mediators will conduct mediation in accordance with the prescribed procedures. In order to enhance the power of professional mediation, the association has hired 45 senior securities and futures practitioners, professional lawyers, and university professors as mediators.
In order to broaden the channels for investor rights protection, the Guangdong Securities Association opened an online complaint and dispute acceptance platform on its official website, and set up a securities and futures dispute handling hotline in March 2014 as a special line for investor consultations and complaints, which was answered and recorded by dedicated personnel And answers.
The association has also established a petition mediation docking mechanism with the Guangdong Securities Regulatory Bureau to handle the securities and futures dispute complaints transferred from the bureau and the 12386 hotline; and the Guangdong Securities Regulatory Bureau and the Guangzhou Intermediate People’s Court signed a memorandum of litigation coordination and mediation agreement Make arrangements for judicial confirmation and other matters to ensure that the mediation agreement can be effectively implemented.
Compared with arbitration and litigation, industry mediation has the advantages of convenient procedures, fast and flexible, professional and low cost. For securities account transfer custody disputes, the Guangdong Securities Association will contact the complained party as soon as it receives the complaint call from investors, and urge the complained party to handle it in accordance with regulations. The complained party usually completes the custody transfer service for investors on the same day. , Quickly resolved the investors'demands.
Since the mediation work does not charge investors any fees, it can reduce the cost of rights protection, and it has been widely favored by investors since the beginning of the business. From January 2014 to April 2015, the association received a total of 496 complaints, of which 436 disputes were successfully reconciled, and the mediation success rate reached 88%, which properly resolved the conflicts between investors and securities and futures agencies. In addition, according to incomplete statistics, in 2014, through the association’s mediation, securities and futures agencies in the jurisdiction compensated nearly 60 investors for more than 1 million yuan due to their own faults and other reasons, effectively recovering the losses of investors.
In view of the strong professionalism of securities and futures disputes, in order to create a professional mediation agency, we actively responded to the “fairness by our side” special investor protection activities carried out by the China Securities Regulatory Commission. Under the guidance of the China Securities Regulatory Bureau, the Guangdong Securities Association and the Guangdong Association of Listed Companies have jointly initiated the establishment of the Guangdong China Securities Investor Service and Dispute Mediation Center (hereinafter referred to as the Mediation Center) by relevant securities and futures companies in the jurisdiction. The hall was registered and established.
At present, the Mediation Center has fully undertaken the dispute mediation work originally in charge of the Guangdong Securities Association. It is committed to providing investor services flexibly and diversifiedly, mediating securities and futures disputes in a fair and equitable manner, and protecting The legitimate rights and interests of investors contribute to the healthy development of the capital market in the Guangdong jurisdiction.
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