Sunday , March 7 2021

BANIF's Association of Damages recommends the obligatory mediation of the CMVM with banks

Through a press release addressed to publishers, ALBOA, Asociación de lesionados de BANIF, recommends to the CMVM, the Securities Market Commission, that the mediation of unskilled investors is mandatory for financial intermediaries.

"Today, banks have the right to refuse in situations of this type, so it is very rare that a conflict within this framework is resolved through arbitration," he says.

He explains that the ALBOA recommendation follows from the public consultation of amendments to the CMVM Regulations on claims and conflict resolution.

In the document ALBOA, signed by the lawyer Nuno Silva Vieira, he argues that "any mediation posed by unqualified investors, in which a financial intermediary is a counterpart, must be mandatory and not optional, as in the current Regulation" .

According to the ALBOA Recommendation, only "due to duly motivated reasons" is that a financial intermediary can not accept participating in a mediation.

But if the non-acceptance of the mediation obligation on the part of the financial entity is done with any technical-legal impediment, this refusal "must be compensated for the presumption of guilty to the financial intermediary."

He also said that the financial intermediary should also be "obliged to comply with all the principles that guarantee good financial intermediation and the resolution of disputes arising, that is to say, in compliance with the principles of cooperation, good faith, proportionality, equity and material truth. "

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