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AMF: fewer mediation requests in 2019

The AMF mediator has published his annual report. The number of applications received has decreased due in particular to the strong growth of European stock markets last year. Mediation remains mobilized during this difficult period.

The Autorité des Marchés Financiers, Marielle Cohen-Branche, presented in his annual report a review of the past year.

It was marked by a clear drop in the number of files received. This decline is explained by the “strong progression of European stock markets, which signed their best performance for ten years in 2019, the implementation of an IT filtering tool, and the ban on the marketing of binary options to individual investors ”.

Key figures for 2019:

  • 1,295 files received (-11% compared to 2018)
  • 1,322 files processed and closed (- 6%)
  • 451 reviews delivered (-14%)
  • 250 companies involved (80% of investment service providers).

On the other hand, the mediator’s recommendations were less favorable to the claimants last year, but they were followed by both parties at a record rate (97%). Only 4% of the unfavorable opinions were disputed by the savers.

Finally, the mediator notes that “the financial scams have not collapsed, they have moved. After the diamond placement in 2018, many were moved to Bitcoin in 2019. “The fact remains that most of the offenses do not fall under his jurisdiction, the accused platforms usurping the identity of authorized companies.

Progress ratified in the PACTE law

Several reforms recommended by the mediator, relating to employee savings (namely the right to liquidate the collective enterprise retirement savings plan (PERCOL) and the cap on costs on PERCO), and the PEA (simplification and flexibility) operating rules) were validated by the PACTE law of May 22, 2019.

The main issue on which the mediator makes the most recommendations on employee savings, the first area of ​​intervention for mediation, concerns the failure to take into account the saver’s choice of assignment concerning his incentive bonuses and / or participation.

As for the PEA, the second most popular theme, most of the files related, as in the previous year, to transfers (45%).

READ >>> The AMF warns of the professionalization of scammers

Despite the difficult context of the health crisis linked to the covid-19 epidemic, AMF mediation is mobilizing to continue responding to the requests received.

“The completely new circumstances of the confinement created particular difficulties for the savers” notes Marielle Cohen-Branche, the mediator of the AMF. “In recent weeks, I have received complaints related to the context of covid-19, for example regarding employee savings and repayment problems related to net asset value, which could lead to general recommendations to professionals on best practices to follow in this area, ”specifies the AMF mediator.

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