Pennsylvania > Department Of State > Blue Sky > Securities
Complaint Form CF - Pennsylvania
| Complaint Form Form. This is a Pennsylvania form and can be used in Securities Blue Sky Department Of State . |
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INSTRUCTIONS FOR COMPLETING THE COMPLAINT FORM The Pennsylvania Department of Banking and Securities, Bureau of Licensing, Compliance, and Enforcement, is responsible for regulating securities activities in the Commonwealth of Pennsylvania. We oversee the firms and individuals who offer or sell securities or offer investment advice to the public. Before filling out the attached complaint form, please take the time to read these instructions. They will help you to understand our functions, and we will be better able to understand and act on your complaint. WHAT WE CAN DO: We investigate complaints against individuals, business corporations, and other entities for possible violations of the registration, licensing, or anti-fraud provisions of the Pennsylvania Securities Act of 1972 administered by the Department. We are empowered to bring administrative actions or civil law suits to stop these violations, render sanctions, and, in appropriate cases, to refer matters for criminal prosecution. It is in the public interest to report alleged violations of the securities laws, and we encourage you to do so. WHAT WE CANNOT DO: We cannot act as a court of law. We cannot order that monies be refunded or that damages be paid. In some instances restitution or rescission is made to investors as a result of this agency's action, but those instances are not the norm. YOU SHOULD NOT RELY ON US TO GET YOUR MONEY BACK FOR YOU. We cannot enforce the Business Corporation Laws, partnership laws, contract laws, or regulate the offer and sale of annuities. We cannot give legal or financial advice or act as your attorney. HOW YOU CAN HELP US: Organize your complaint using these guidelines: 1. 2. First, make a separate list of the things you want to say. Separate your feeling from the facts. In Part D of this form, present the events in the order in which they happened, using dates whenever possible. a. b. c. d. e. f. g. 3. 4. Tell us WHAT happened. Start from the beginning. Be specific as to what was said and who said it. Tell us HOW you first learned of the investment opportunity or investment service. Tell us WHO was present during these conversations or acts. Tell us WHEN and WHERE these conversations/acts took place. Tell us WHEN and WHERE the money and agreements changed hands. Tell us WHY you decided to take advantage of the investment or investment service. List the names, addresses, and telephone numbers of any others who you believe may have similar complaints. Type or print clearly in ink. Enclose copies of documents such as stock certificates, bonds, limited partnership agreements, prospectuses, confirmations, account statements, letters, cancelled checks (front and back), advertisements, papers, notes, or other documents that may explain your complaint. Do not send originals; we cannot be responsible for their safekeeping. Remember that your complaint should describe the event or practice which you believe was unfair. If possible, you should state why the event or practice was improper. Eastgate Office Building | 2nd Floor | 1010 North Seventh Street | Harrisburg, PA 17102-1410 Toll Free in PA: 1.800.600.0007 | Telephone: 717.787.8061 | Fax: 717.783.5122 | Web: www.dobs.state.pa.us TDD/AT&T Relay Center: 1.800.654.5984 American LegalNet, Inc. www.FormsWorkFlow.com 5. STEPS YOU CAN TAKE IF YOUR COMPLAINT INVOLVES A BROKER-DEALER: Many disputes with brokerage firms can be directly resolved by your doing the following: NOTIFY YOUR BROKER AND YOUR BROKER'S MANAGER 1. 2. Talk to your salesperson about the problem. Negotiate directly with your salesperson to resolve the matter. Frequently, minor issues can be settled informally at this point. If you feel the salesperson has answered your questions unsatisfactorily or is unwilling to review your complaint, contact the salesperson's supervisor, as well as the office manager. Write to the firm's chief compliance officer. This individual is located at the firm's home office address. Request a response in writing from the compliance officer. (You can get the name of the compliance officer and the firm's home address from the broker's office.) 3. 4. ARBITRATION PROCEDURES The United State Securities and Exchange Commission has approved certain arbitration procedures for resolution of disputes between investors and broker-dealers. Arbitration is a method of having a dispute between two or more parties resolved by an impartial person who is knowledgeable in the areas of controversy. Arbitration generally is quicker and less expensive than using the courts to resolve a complaint. Because of this, arbitration has long been used as an alternative to the courts. Once the arbitrator has made a decision, the decision is final and is subject to review by a court only on a very limited basis. Also, if arbitration is chosen as a means of resolving a dispute, the complaining party gives up the right to pursue the matter through the courts. Further, based upon the contract entered into between you and your broker, you may be obligated to submit the dispute to arbitration in lieu of litigation through the courts. If you are interested in learning more about the arbitration process, you can contact the Financial Industry regulatory Authority (FINRA). The address for FINRA is: Financial Industry Regulatory Authority 1835 Market Street Philadelphia, PA 19103 Telephone: (215) 665-1180 If you have any questions concerning this form, you may call the Pennsylvania Department of Banking and Securities, Bureau of Licensing, Compliance, and Enforcement, in Philadelphia, (215) 560-2088; in Harrisburg (717) 787-8061; or in Pittsburgh (412) 5655083, between 8:30 a.m. and 5:00 p.m. Upon completion of all sections, please mail the complaint form along with copies of any supporting documents to: Pennsylvania Department of Banking and Securities Bureau of Licensing, Compliance, and Enforcement ATTN: Office of Secretary 1010 N. Seventh Street, 2nd Floor Eastgate Office Building Harrisburg, PA 17102-1410 PLEASE NOTE: As part of the complaint handling process, the Pennsylvania Department of Banking and Securities may send a copy of this form to the broker-dealer firm against whom your complaint is filed. American LegalNet, Inc. www.FormsWorkFlow.com COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF BANKING AND SECURITIES BUREAU OF LICENSING, COMPLIANCE, AND ENFORCEMENT COMPLAINT FORM Please review the attached instruction before completing this form. This complaint is being fi
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