Part E of Rule 3700 applies to complaints submitted by a retail client or a person authorized to act on behalf of a retail client in the following form:
- a recorded expression of dissatisfaction with a Dealer Member or employee or agent alleging misconduct, or
- a verbal expression of dissatisfaction with the Dealer Member or employee or agent alleging misconduct where a preliminary investigation indicates that the allegation may have merit.
- For the purpose of subsections 3720(1) and 3721(1), alleged misconduct includes, but is not limited to:
- allegations of breach of confidentiality, theft, fraud, misappropriation or misuse of funds or securities, forgery, unsuitable investments, misrepresentation, or unauthorized trading relating to the client’s account,
- other inappropriate financial dealings with clients, or
- engaging in Dealer Member related activities outside of the Dealer Member.
- Any matter which is the subject of a civil action or arbitration is not considered to be a complaint for the purpose of section 3721.