Rules and Guidelines
Crypto Conduct Authority © is an independent, self-regulatory organization with the ability to provide dispute resolution services. Crypto Conduct Authority is not regulated by or registered with as an EDR body in any jurisdiction.
The Members of Crypto Conduct Authority are individuals, companies, and organizations that operate in the Financial Services Industry and who agree to be bound by the Crypto Conduct Authority rules.
The main objectives of Crypto Conduct Authority 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 Crypto Conduct Authority.
Assets and income of the Crypto Conduct Authority
The assets and income of Crypto Conduct Authority 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.
Crypto Conduct Authority 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. Crypto Conduct Authority will post any changes to the monetary compensation limit on the website.
Funds from the Compensation Fund can be used by the Crypto Conduct Authority 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 Crypto Conduct Authority 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 Crypto Conduct Authority reserves the right to distribute the Compensation Fund as it sees fit based on the Complaints filed.
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 Crypto Conduct Authority 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.
Crypto Conduct Authority 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.
Crypto Conduct Authority may impose financial requirements for all or any types of membership, such requirements will be announced by posting a notice on our website.
Crypto Conduct Authority 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 Crypto Conduct Authority
Crypto Conduct Authoritywill 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 Crypto Conduct Authority 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 Crypto Conduct Authority against such Member.
Obligation of a Member to Have a Business Continuity/Disaster Recovery Plan
Crypto Conduct Authority 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 Crypto Conduct Authority;
- third party contact information;
- employees and emergency contact information.
Right of the Crypto Conduct Authority to Conduct an Audit of the Member
Crypto Conduct Authority 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 Crypto Conduct Authority if Crypto Conduct Authority initiates such an audit, provides Crypto Conduct Authority with full access to its premises and employees, and immediately upon request, Crypto Conduct Authority will provide Crypto Conduct Authority with any documents and information necessary for Crypto Conduct Authority to conduct an audit.
The decision-making process and management of the Crypto Conduct Authority are independent of its members.
Dispute Resolution Committee and staff of the Crypto Conduct Authority:
- 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 Crypto Conduct Authority staff, and maintaining the independence of Crypto Conduct Authority and its dispute resolution process.
To ensure that Crypto Conduct Authority 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 Crypto Conduct Authority 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 Crypto Conduct Authority 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 Crypto Conduct Authority
Once a complaint is received, the Crypto Conduct Authority 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 Crypto Conduct Authority.