Articles Posted in Investment Terms and Concepts

Boca Raton, Fort Lauderdate, and West Palm Beach, Florida Preferred and Common Stock Corporate and Business Attorney:

FAQ’s Preferred Stocks:

When a corporation is created, the incorporators are required to issue common stock as holders of the common stock own the company and by executing their voting rights control the company through their election of officers and directors.

Boca Raton, Florida Oil and Gas Private Offering Litigation and Arbitration Attorney:

What could possibly go wrong with an oil and as private offering?

The oil and gas industry is often in the news.  Because of this, some people have used the appeal of “striking it rich” with a gushing well as a basis for fraudulent schemes.  The SEC and the states have brought a number of cases involving “great opportunities” that turned out to be scams. Investors lost some or all of their investments.  Many scams shared the same themes.

Miami, Fort Lauderdale, Boca Raton and West Palm Beach Florida Investment Fraud and Misrepresentation FINRA Arbitration, AAA Arbitration, JAMS Arbitration, State and Federal Court Litigation Attorney, Russell L. Forkey, Esq.

Who may be classified as a “Broker”.

Section 3(a)(4)(A) of the Securities and Exchange Act of 1934 (the “Act”) generally defines a “broker” broadly as any person engaged in the business of effecting transactions in securities for the account of others.

Private Placement – Private Offering – Boca Raton, Florida Investment Fraud and Misrepresentation Attorney:

What is a private placement?

A securities offering exempt from registration with the Securities and Exchange Commission (the “SEC”) is sometimes referred to as a private placement. Under the federal securities laws, a company or private fund may not offer or sell securities unless the offering has been registered with the SEC or an exemption from registration is available. Private and public companies engage in private placements to raise funds from investors. Private funds, such as hedge funds, also raise investment capital through private placements.

Are You an Accredited Investor – Private Investment and Private Placement Boca Raton, Florida Fraud, Misrepresentation and Mismanagement Litigation Attorney:

Accredited Investors:

Under the Securities Act of 1933, a company that offers or sells its securities must register the securities with the SEC or find an exemption from the registration requirements. The Act provides companies with a number of exemptions. For some of the exemptions, such as rules 505 and 506 of Regulation D, a company may sell its securities to what are known as “accredited investors.” The term accredited investor is defined in Rule 501 of Regulation D.

Rebalancing Your Asset Allocation Model – South Florida Investment Mismanagement FINRA Arbitration and Litigation Attorney:

Rebalancing:

Rebalancing is bringing your portfolio back to your original asset allocation mix. This is necessary because over time some of your investments may become out of alignment with your investment goals. You’ll find that some of your investments will grow faster than others. By rebalancing, you’ll ensure that your portfolio does not overemphasize one or more asset categories, and you’ll return your portfolio to a comfortable level of risk.

South Florida, including Boca Raton, Deerfield Beach and Delray Beach Asset Allocation and Diversification Mismanagement Attorney:

A diversified portfolio should be diversified at two levels: between asset categories and within asset categories. So in addition to allocating your investments among stocks, bonds, cash equivalents, and possibly other asset categories, you’ll also need to spread out your investments within each asset category. The key is to identify investments in segments of each asset category that may perform differently under different market conditions.

One of way of diversifying your investments within an asset category is to identify and invest in a wide range of companies and industry sectors. But the stock portion of your investment portfolio won’t be diversified, for example, if you only invest in only four or five individual stocks. You’ll need at least a dozen carefully selected individual stocks to be truly diversified.

South Florida, including Fort Lauderdale, Davie, Dania, Hollywood and Pompano Beach – Asset Allocation  Investment Attorney

Asset Allocation – Why It Is So Important:

By including asset categories with investment returns that move up and down under different market conditions within a portfolio, an investor can protect against significant losses. Historically, the returns of the three major asset categories have not moved up and down at the same time. Market conditions that cause one asset category to do well often cause another asset category to have average or poor returns. By investing in more than one asset category, you’ll reduce the risk that you’ll lose money and your portfolio’s overall investment returns will have a smoother ride. If one asset category’s investment return falls, you’ll be in a position to counteract your losses in that asset category with better investment returns in another asset category.

Mutual Fund Unsuitability and Breach of Fiduciary Duty – Boca Raton, Florida FINRA Arbitration and Litigation Attorney.

A mutual fund is a fund operated by an investment company that raises money from shareholders and invests in bonds, options, currencies, money market securities, futures, or stocks.  Mutual funds are offered by prospectus.  The prospectus describes, among other things, the investment objectives of the mutual fund, the types of investments within the fund, the investment strategies utilized by the fund managers and the risks associated therewith.

Mutual funds offer investors the advantages of diversification and professional management.  A management fee is charged for these services, typically between 0.5% and 2% of assets per year.  Funds also levy other fees such as a 12B-1, exchange fees and other administrative charges.  Funds that are sold through brokers are called load funds and those sold to investors directly from the fund companies are called no-load funds.  Mutual fund shares are redeemable on demand at net asset value by shareholders.

Registration of Dealers, Associated Persons, and Investment Advisers in the State of Florida – South Florida Securities Attorney:

Chaper 517.12 Fla.Stat. labeled Registration of dealers, associated persons, and investment advisers provides in relevant part that:

(1) No dealer, associated person, or issuer of securities shall sell or offer for sale any securities in or from offices in this state, or sell securities to persons in this state from offices outside this state, by mail or otherwise, unless the person has been registered with the Department of Financial Regulation (“office”) pursuant to the provisions of this section. The office shall not register any person as an associated person of a dealer unless the dealer with which the applicant seeks registration is lawfully registered with the office pursuant to this chapter.

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