FAQ


Guangdong Securities Regulatory Bureau promotes the docking of securities and futures dispute mediation and litigation channels in its jurisdiction.


Recently, the Guangdong Securities Regulatory Bureau, the Guangdong Provincial Higher People's Court, and the Guangdong China Securities Investor Service and Dispute Mediation Center jointly signed the "Memorandum of Cooperation on Securities and Futures Disputes."

According to the Memorandum, mediation and litigation can be docked in the following ways: first, if investors have disputes over securities and futures business with listed companies and securities and futures operating institutions in Guangdong jurisdiction, they can directly apply to the mediation center for mediation, and after successful mediation, the mediation agreement can also be judicially confirmed by the local court. Second, if the investor has sued to the court, or the case is in the court trial stage, after consulting the consent of both parties, the court can also entrust the mediation center to mediate first. If the mediation fails, the court will decide.

It is understood that the Guangdong China Securities Investor Service and Dispute Mediation Center is an investor service public welfare organization jointly funded by the Guangdong Securities and Futures Industry Association, the Guangdong Listed Companies Association and some securities and futures companies in the Guangdong jurisdiction under the guidance of the Guangdong Securities Regulatory Bureau. Provide investors with securities and futures complaint handling, dispute mediation and consulting services.

Since it was registered with the Department of civil affairs of Guangdong Province in April this year, the center has handled nearly 200 securities and futures trading disputes, recovering more than 300000 yuan for investors. At present, the mediation center has been equipped with 45 professional mediators. After the signing of the memorandum, it is planned to continue to employ six more mediators who are familiar with the legal affairs of listed companies, so as to prepare for the mediation of false statement cases of listed companies in the future.

Relevant information shows that the Guangdong court system is deeply troubled by the large number of cases and the small number of people. The reporter saw from the 2014 Work Report of the Higher People's Court of Guangdong Province that in 2014 alone, the number of cases accepted and tried by courts in the province exceeded 1 million, and the number of cases closed by judges per capita exceeded the national average by about double. The contradiction of fewer cases is still prominent. Especially in the civil compensation cases of misrepresentation of listed companies, due to the large number of subjects involved in the prosecution, the large amount of the subject matter and the large team of lawyers, it has brought greater trial pressure to the court receiving the case, and the relevant courts have also called for the introduction of a pre-litigation mediation mechanism to divert the number of cases accepted by the court. It is in this context that the Guangdong jurisdiction of the securities and futures dispute mediation and litigation docking mechanism came into being.

The relevant person in charge of the Guangdong Securities Regulatory Bureau stated that the signing of the "Memorandum of Cooperation on Securities and Futures Dispute Litigation and Mediation" between the Joint Mediation Center and the Provincial Court is not only a phased achievement of the bureau's long-term vigorous promotion of investor protection, but also the implementation of the China Securities Regulatory Commission's "fairness around" An important measure of special activities. The Guangdong Securities Regulatory Bureau will further strengthen its business guidance to the mediation center, make use of the litigation docking platform, give full play to the respective advantages of regulatory departments, industry mediation organizations and people's courts, and provide a smoother and more convenient channel for the handling of securities and futures disputes in its jurisdiction.

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Nanhua Instruments Co., Ltd.

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