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  • Disputes that can be Brought before an SRO

    • DRA-2.1.7

      All types of disputes with a CMSP may be brought before and dealt with by an SRO (known as 'eligible disputes') subject to the following conditions:

      (a) The CMSP involved in the dispute must be one which is subject to the jurisdiction of an SRO by reason of it being a member of an SRO, or an issuer whose securities are offered for trading (listed) on the SRO;
      (b) The activity or dispute arises out of matters relevant to the CMSP complainant being or having been a client or shareholder of the CMSP;
      (c) The activity to which the complaint relates must be subject to the jurisdiction of the SRO;
      (d) The CMSP has failed to resolve the complaint to the satisfaction of the complainant within 4 weeks of receiving it; and
      (e) The CMSP about which the complaint is made must be a member or listed at the time of the act or omission to which the complaint relates and must continue to be a member or listed at the time when the complaint is referred to the SRO.
      July 2010

    • DRA-2.1.8

      All disputes which have not first been raised by a complainant with the CMSP, so as to provide the CMSP with an opportunity to resolve the dispute, will be deemed a complaint and if lodged or attempted to be lodged with the SRO shall be referred back to the CMSP for its due consideration.

      July 2010

    • DRA-2.1.9

      The following complaints cannot be brought before an SRO:

      (a) Commercial decisions not related to market transactions;
      (b) Pricing policies and other policies such as interest rates and fees;
      (c) Cases under investigation by any law enforcement agency, including cases where allegations of fraud or criminal activity have been made, and where the matter has been referred to the police for investigation;
      (d) Complaints that are more than 6 months old after the CMSP's final reply;
      (e) Complaints that have been settled privately or otherwise between the complainant and the CMSP; and
      (f) Cases which have been subject to a court hearing and for which a court judgment and/or order has been passed.
      July 2010