النظام القانوني للوسطاء في عمليات البورصة

Abstract

The stockbroker in the stock market is of major importance, As it takes care of the support and advice of the company until the end of the actual entry on the stock market, In particular small and medium-sized companies, Where we can say that the success or failure of the company process to enter the stock market will closely depend on the competence and effectiveness of the stockbroker, So investors use stockbrokers for any sale or purchase action because of their monopoly. Through this thesis we will discuss the organization of financial mediation, By referring to the definition, reasons for existence and importance of the stockbroker in the stock market in addition to the conditions of exercise in this field, Then the obligations and rights of the stockbroker, with details on his financial activity by respecting the legal regulations, For various functions carried out either on the primary or secondary market. And we have dedicated Part II of this study to demonstrate the control imposed on the stockbroker and the consequent disciplinary responsibility for their mistakes, since the securities market is among the sectors most open to free competition, in particular by experts with high efficiency. This is why it is necessary for the Algerian legislature to seek similar legislation, to regulate this market and to protect the savings invested through the committee for the organization and supervision of stock exchange transactions, in french COSOB, Which is considered as an essential element of the State intervention in this market. Taking into account the laws and regulations of the market, we have as brokers types of responsibility, Disciplinary liability arising from the breach of the rules of good conduct, punishable by the market authority, and the civil responsibility which is assumed by the stockbroker towards his customer and which relate to compensation for damages resulting from a breach of legal and contractual obligations, On the other hand in the event of a criminal offense under the laws of the market and other relevant laws will be subject to criminal monitoring and penalties necessary in law in this regard.