Rules and Guidelines

  • Introduction

    Market Securities Insurance Commission © is an independent, self-regulatory organization with the ability to provide dispute resolution services. Market Securities Insurance Commission is not regulated by or registered with as an EDR body in any jurisdiction.

    The Members of Market Securities Insurance Commission are individuals, companies, and organizations that operate in the Financial Services Industry and who agree to be bound by the Market Securities Insurance Commission rules.

    The main objectives of Market Securities Insurance Commission are to:

    • Provide clients, at no cost, with an accessible alternative to legal proceedings to resolve their complaints against Members;
    • Act as a complaints resolution body for the Financial Services Industry;
    • Actively facilitate the resolution of complaints with their financial service providers who are the Members of Market Securities Insurance Commission.
  • Assets and income of the Market Securities Insurance Commission

    The assets and income of Market Securities Insurance Commission are used only for the purposes of the functioning (including for the purposes of creating the Compensation Fund), and no part will be directly or indirectly distributed among its Members.

    Market Securities Insurance Commission will use a part of its assets and earnings to establish a compensation fund that will act as an insurance policy for Claimants. This fund is kept in a separate bank account. The Compensation Fund is funded by deducting a certain percentage of the monthly membership fees. The compensation fund will only cover fees up to its current limit of monetary compensation per applicant.

    The amount of the current limit of monetary compensation can be changed at any time. Market Securities Insurance Commission will post any changes to the monetary compensation limit on the website.

    Funds from the Compensation Fund can be used by the Market Securities Insurance Commission to satisfy the complainant only if the member refuses to comply with the decision of the Committee. The Compensation Fund is the property of the Market Securities Insurance Commission and no member is entitled to any part of the Compensation Fund for any reason, including termination of the membership of that member.

    If the Compensation Fund does not have sufficient funds to cover multiple Complaints against a member or members, the Market Securities Insurance Commission reserves the right to distribute the Compensation Fund as it sees fit based on the Complaints filed.

  • Membership

    To become our member and get certified, a potential broker-member must have worked in the financial services industry for at least 3 years.

    If the applicant has worked for less than 3 years, the Market Securities Insurance Commission reserves the right to require at least two professional references from a shareholder, director, senior executive, or similar officer of a firm or financial services firm that have been in business for more than 3 years.

    Market Securities Insurance Commission also reserves the right to provide subcategories of memberships with varying pricing and payment requirements, which may, among other things, depend on the number of Complaints pending against such a member and other services.

  • Financial Requirements

    Market Securities Insurance Commission may impose financial requirements for all or any types of membership, such requirements will be announced by posting a notice on our website.

  • Reporting Requirements

    Market Securities Insurance Commission may introduce reporting requirements for all or any types of membership, such requirements will be announced by posting a notice on our website.

  • Types of Complaints covered by the Market Securities Insurance Commission

    Market Securities Insurance Commissionwill deal with a Complaint by calling the independent financial Committee if, in relation to a Financial Service provided by a Member, such Member has:

    • Violated the terms of the contract entered into between the Member and the Complainant in relation to such Financial Service;
    • Did not follow standards of good practice in the Financial Services Industry;
    • Acted unfairly towards the Complainant.
  • Obligation of a Member to include the Market Securities Insurance Commission dispute resolution clause in its customer contracts

    As a condition of the effectiveness of a Member’s membership, each Member must amend the dispute resolution or any similar clause in their contracts with clients to enable the Client to file a Complaint with the Market Securities Insurance Commission against such Member.

  • Obligation of a Member to Have a Business Continuity/Disaster Recovery Plan

    Market Securities Insurance Commission believes that disaster recovery and business continuity issues are of the utmost importance, and merchant technology vendors must take a proactive approach to ensure they have an adequate disaster recovery plan.

    Disaster recovery and business continuity plan must contain the following information:

    • description of backup facilities;
    • procedure for implementation of disaster recovery/business continuity plan;
    • disruptions of third parties;
    • annual testing;
    • rules of communication with the Market Securities Insurance Commission;
    • third party contact information;
    • employees and emergency contact information.
  • Right of the Market Securities Insurance Commission to Conduct an Audit of the Member

    Market Securities Insurance Commission reserves the right, at its discretion, to conduct an annual audit of the Participant to verify that the Participant complies with these Rules.

    Each member agrees to cooperate with the Market Securities Insurance Commission if Market Securities Insurance Commission initiates such an audit, provides Market Securities Insurance Commission with full access to its premises and employees, and immediately upon request, Market Securities Insurance Commission will provide Market Securities Insurance Commission with any documents and information necessary for Market Securities Insurance Commission to conduct an audit.

  • Independence

    The decision-making process and management of the Market Securities Insurance Commission are independent of its members.

    Dispute Resolution Committee and staff of the Market Securities Insurance Commission:

    • bears full responsibility for the consideration and consideration of Complaints; and
    • reports only to the Board of Directors.

    The Board is responsible for overseeing the Dispute Resolution Committee, ensuring independent decision making by the Dispute Resolution Committee and Market Securities Insurance Commission staff, and maintaining the independence of Market Securities Insurance Commission and its dispute resolution process.

    To ensure that Market Securities Insurance Commission is and is perceived to be independent, the Council does not include Members’ representatives on the Dispute Resolution Committee.

  • Role of the Dispute Resolution Committee

    Only Market Securities Insurance Commission has the right to appoint a Dispute Resolution Committee. The Dispute Resolution Committee is the only body that can:

    • make any decision permitted by these Rules, including, but not limited to, verifying that the Complaint is within the jurisdiction of Market Securities Insurance Commission and making an order thereon;
    • issue an Order;
    • make an Award.

    The Dispute Resolution Committee has the powers, functions, and responsibilities provided for by these Rules, as well as from time to time assigned and delegated by the Board.

  • When a Complaint can be filed with the Market Securities Insurance Commission

    Once a complaint is received, the Market Securities Insurance Commission team has to ensure that the complainant contacted our broker Member first, and the issue is going through the IDR (Internal Dispute Resolution) process.

    The IDR Procedure requires a broker to give a proper and detailed response to a complaint as soon as possible but must be within 10 business days.

    If the customer has been through the broker’s IDR Procedure and is not satisfied with the outcome, they are entitled to make a formal complaint to the Market Securities Insurance Commission.