TCMA Annual Report 2021 60 Oversight The Association is authorized and assigned to regulate, supervise and enforce issues delegated to it by legislation or by the Capital Markets Board of Türkiye (CMB). In this context, various audits are conducted when necessary, and the provisions of the legislation are applied in case of noncompliance. Turkish Capital Markets Association (TCMA) Client Dispute Arbitration Committee Pursuant to the Statute of the Turkish Capital Markets Association, the Association is charged with the duty to “assist in the resolution of disputes arising from off-exchange transactions among our members or between our members and their customers; set up the arbitration committee and the necessary infrastructure subject to the procedures and principles that will be drawn up for this purpose and approved by the Capital Markets Board of Türkiye (CMB)”. The TCMA Client Dispute Arbitration Committee Guidelines drawn up based on the above mentioned duty sets out the formation, power, duties and responsibilities of the Arbitration Committee and the principles and procedures for applying to the Arbitration Committee and for conclusion of applications. The Turkish Capital Markets Association Client Dispute Arbitration Committee reviews and resolves the disputes, which arise from or in relation to off-exchange capital market transactions among the Association members engaged in capital market activities (brokerage firms, banks, asset management companies and investment trusts) or between the Association members and their clients and which may entail clients’ claims for damages, losses and compensation. Ever since its establishment until year-end 2021, a total of 893 applications were received, 670 of which were submitted directly and the remaining 223 via the CMB. The table below summarizes the status of these applications: SUMMARY OF THE APPLICATIONS TO THE ARBITRATION COMMITTEE IN 2021 NUMBER File in Preparation 191 Under Review by the Arbitration Committee 62 Decided 306 Decided. Unchallenged and finalized. 215 Decided. Notified to the CMB due to nonconformity to the legislation. 32 Challenged 59 Decided. Referred to CMB following the challenge; pending for CMB decision. 24 Decided. Under review by the Arbitration Committee due to postchallenge CMB reversal. 6 Decided. Decision finalized upon post-challenge CMB approval. 29 Settled and Withdrawn 171 Rejected – Irrelevant to the Arbitration Committee’s Scope 163 TOTAL 893 OVERSIGHT AND DISPUTE RESOLUTION Under the Law on the Right to Information, the Association received a total of 12 applications for access to information during 2021. Out of these 12 applications, 7 were given positive responses which were provided with access to information and documents. The remaining 5 applications were rejected since they did not fall under the scope of the right to information. APPLICATIONS FOR ACCESS TO INFORMATION
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