Contact your local media (news station, news paper, etc.) and explain thoroughly what occurred.Any idea where to go to start the protest, making big noise?
B.3 Sufficient connection with Australia
B.3.1 A complaint must arise from:
a) a contract or obligation arising under Australian law, including but not
limited to privacy obligations;
b) an offer to invest that was received in Australia by a Complainant in
relation to a recognised Foreign Collective Investment Scheme; or
c) a direct or indirect investment in a product through a platform which was
offered in Australia.
AFS licensees have obligations relating to:
- conduct and disclosure
- the provision of your financial services
- the competence, knowledge and skills of your responsible managers
- the training and competence of your financial advisers and authorised representatives
- ensuring your financial advisers and authorised representatives comply with the financial services laws
- compliance, managing conflicts of interest and risk management
- the adequacy of your financial, technological and human resources, and
- your dispute resolution and compensation arrangements (if your clients include retail clients).
Forex regulation in Europe falls under MiFID II guidelines, which means that a standard set of rules and regulations apply to all European Union member states equally. A common practice in the EU, which is perfectly legal, is for FX brokers to obtain a license in a region like Cyprus and then “passport” regulation to all EU member states. It’s important to highlight that each EU member state has specific rules and regulations pertaining to their respective country which, in some cases, may supersede EU regulation.
It is imperative that foreign market participants, including online trading platforms, identify and comply with local securities laws. VGP and VIG were foreign-based firms that operated unregistered online trading platforms under the name "Vantage FX" and allowed Ontario residents to trade CFDs. In response to a notice from its licensor, the Australian Securities & Investments Commission, about the legality of its overseas offerings, VGP ceased its Ontario operations, but gave Ontario investors the option to be transferred to its Cayman affiliate, VIG. The Ontario investors that did not close their accounts continued to trade CFDs on VIG's "Vantage FX" online trading platform.
"Regardless of the location of their home base, offshore platforms offering services to Ontarians are subject to Ontario's securities laws," said Jeff Kehoe, Director of Enforcement at the OSC. "We will take corrective action against firms that try to 'jurisdiction shop' and fail to comply with our laws. These companies cannot avoid their regulatory obligations by relocating their operations."
As part of the settlement agreement, VGP and VIG have agreed to pay an administrative penalty of CAD 600,000 and to disgorge USD 3 million. The companies have also agreed to pay a further CAD 10,000 towards the cost of the OSC's investigation.
Additionally, both companies implemented significant internal controls and procedures to prevent Ontario residents from opening accounts.