Dear
Financial Dispute Resolution (FDR) recently contacted you regarding your complaint about IB Capital FX (NZ) LLP (IB Capital). We advised then that FDR needed to consider its jurisdiction in light of questions raised by a complainant regarding IB Capital’s place of business. Financial service providers are required under the Financial Service Providers (Registration & Dispute Resolution) Act 2008 to have a place of business in New Zealand. New Zealand financial dispute resolution schemes, including FDR, derive their jurisdiction from this act.
FDR has made its own investigations and also sought comment and evidence from IB Capital that could demonstrate that they had a place of business in New Zealand. No response has been received.
FDR has therefore determined that, based on all available evidence, IB Capital did not have a place of business in New Zealand and therefore does not have jurisdiction to consider complaints about IB Capital.
I regret that I must confirm that this means FDR is unable to assist any further with your complaint.
You may be wondering how IB Capital came to be a member of FDR. As the reserve scheme, FDR is obliged to accept all applications for membership, subject only to payment of membership fees, which IB Capital paid. Once financial service providers have membership of a dispute resolution scheme, they can apply to become registered on the Financial Service Providers Register (FSPR).
The scheme rules oblige FDR to consider complaints about issues that arose whilst a financial service provider was a member of the scheme, even though registration with the FSPR and membership of FDR might have since been terminated. Part of the FDR dispute process involves verifying jurisdiction as and when it receives relevant information.
FMA
The New Zealand regulator, the Financial Markets Authority (FMA) has advised FDR that it is currently working with regulators from other jurisdictions that are investigating IB Capital, introducers Senen Pousa, Investment Intelligence Corporation (IIC), Mr Friant of the Elevation Group, and trader ProphetMax of USA. You may wish to contact Yin Miao of the FMA if you would like further information:
[email protected].
What other options do you have?
With your permission FDR could forward your details, together with the information that you have provided, to the regulatory authorities if you have not already done so yourself. Please do let me know.
Unfortunately FDR cannot continue to manage your case. We recommend you make contact with the other regulators or receivers, and we attach contact details of those we are familiar with.
I do understand that this news may be disappointing, and the delay frustrating for you. I am sorry that FDR cannot assist any further.
Yours sincerely
Richard Hazelwood l Facilitator FDR
Financial Dispute Resolution
t 0508 337 337
e
[email protected]
w
Financial Dispute Resolution
a PO Box 5730, Wellington 6145
FDR is operated by Dispute Resolution Services Ltd
We welcome your feedback. If you would like to make a compliment or complaint about FDR, go to
Financial Dispute Resolution "Making a Complaint"
Information regarding other jurisdictions
ASIC (Australian Securities & Investments Commission)
Australian Securities and Investments Commission
We have liaised with ASIC and David McArthur is happy for you to contact him directly, he can be reached at
[email protected].
Avenues of redress for complainants
We are aware that the US Courts have appointed a receiver for the ProphetMax Managed FX investment scheme and some of its related entities, following actions brought by CFTC. The receiver will take custody, control, or possession of all funds, property, mail and other assets in the possession or control of Mr Pousa, IIC, and Mr Friant. You can find more information on a public website:
Home Page.
The email address is
[email protected]
Support Group.
You may already be aware that there is a Facebook page that has been set up by other persons also affected.
ProphetMax Review | Facebook