Invest Wisely
Advice From Your Securities Industry Regulators
This document provides basic information to help investors select a brokerage firm and sales representative, make an initial investment
decision, monitor an investment and address an investment problem. It
is intended to help you identify questions you need to ask and warning
signs to look for in order to avoid possible investment problems.
If you need more information about a matter discussed in this
brochure, or you think that the securities laws have been violated, you
should contact the appropriate securities regulators. The names,
addresses and telephone numbers of these organization are listed at the
end of this document.
As part of its consumer affairs program, the SEC has established a
Consumer Affairs Advisory Committee with representatives of national
consumer groups, corporations, and other participants in the securities
markets. The Advisory Committee's purpose is to find solutions to the
problems that investors encounter. Advisory Committee meetings are open
to the public and your comments are welcome. For more information about
the Committee, contact the SEC.
TABLE OF CONTENTS
SELECTING YOUR BROKER
Before making a securities investment, you must decide which
brokerage firm also referred to as a broker/dealer and sales
representative also referred to as a stockbroker, account executive,
or registered representative to use. Before making these decisions you
should:
THINK through your financial objectives and prepare a personal financial
profile.
TALK with potential salespeople at several firms. If possible, meet them
face to face at their offices. Ask each sales representative about his
or her investment experience, professional background, and education.
FIND OUT about the disciplinary history of any brokerage firm and sales
representative by calling 1-800-289-9999, a toll-free hot line operated
by the National Association of Securities Dealers, Inc. (NASD). The NASD
will provide information on disciplinary actions taken by securities
regulators and criminal authorities. State securities regulators also
can tell you if a sales representative is licensed to do business in
your state.
UNDERSTAND how the sales representative is paid; ask for a copy of the
firm's commission schedule. Firms generally pay sales staff based on the
amount of money invested by a customer and the number of transactions
done in a customer's account. More compensation may be paid to a sales
representative for selling a firm's own investment products. Ask what
"fees" or "charges" you will be required to pay when opening,
maintaining, and closing an account.
DETERMINE whether you need the services of a full service or a discount
brokerage firm. A full service firm typically provides execution
services, recommendations, investment advice, and research support. A
discount broker generally provides execution services and does not make
recommendations regarding which securities you should buy or sell. The
charges you pay may differ depending upon what services are provided by
the firm.
ASK if the brokerage firm is a member of the Securities Investor
Protection Corporation (SIPC). SIPC provides limited customer protection
if a brokerage firm becomes insolvent. Ask if the firm has other
insurance that provides coverage beyond the SIPC limits. SIPC DOES NOT
insure against losses attributable to a decline in the market value of
your securities. For further information, contact SIPC at 805 Fifteenth
Street, N.W., Suite 800, Washington, D.C. 20005-2207; or call (202)
371-8300.
REMEMBER, part of making the right investment decision is finding the
brokerage firm and the sales representative that best meet your personal
financial needs. Do not rush. Do the necessary background investigation
on both the firm and the sales representative. Resist salespeople who
urge you to immediately open an account with them.
MAKING AN INVESTMENT
The New Account Agreement
Generally, a brokerage firm will require a customer to sign a new
account agreement. You should carefully review the information contained
in this document because it may affect your legal rights regarding your
account.
Ask to see any account documentation prepared for you by the sales
representative. DO NOT sign the new account agreement unless you
thoroughly understand it and agree with the terms and conditions it
imposes on you. DO NOT rely on verbal representations from a sales
representative that are not contained in this agreement.
The sales representative will ask for information about your
investment objectives and personal financial situation, including your
income, net worth, and investment experience. Be honest. The sales
representative will rely on this information to make appropriate
investment recommendations for you.
Completion of the new account agreement requires that you make
three critical decisions:
- WHO WILL CONTROL DECISION-MAKING IN YOUR ACCOUNT? You will
control the investment decisions made in your account unless
you decide to give discretionary authority to your sales
representative to make investment decisions for you.
Discretionary authority allows a sales representative to make
investment decisions based on what the sales representative
believes to be best without consulting you about the price,
the type of security, the amount and when to buy or sell. Do
not give discretionary authority to your sales representative
without seriously considering whether this arrangement is
appropriate for you.
- HOW WILL YOU PAY FOR YOUR INVESTMENT? Most investors maintain
a cash account that requires payment in full for each a
security purchase. An alternative type of account is a margin
account. Buying securities through a margin account means that
you can borrow money from the brokerage firm to buy securities
and requires that you pay interest on that loan. You will be
required to sign a margin agreement disclosing interest terms.
If you purchase securities on margin (by borrowing money from
the brokerage firm), the firm has authority to immediately sell
any security in your account, wIthout notice to you, to cover
any shortfall resulting from a decline in the value of your
securities. If the value of your account is less than the
amount of the outstanding loan even due to a one day market
drop you are liable for the balance. This may be a
substantial amount of money even after your securities are
sold. The margin account agreement generally provides that the
securities in your margin account may be lent out by the
brokerage firm at any time without notice or compensation to
you.
- HOW MUCH RISK SHOULD YOU ASSUME? In a new account agreement,
you must specify your overall investment objective in terms of
risk. Categories of risk may have labels such as "income,"
"growth," or "aggressive growth." Be careful you understand the
distinctions between these terms, and be certain that the risk
level you choose accurately reflects your investment goals. Be
sure that the investment products recommended to you reflect
the category of risk you have selected.
When opening a new account, the brokerage firm may ask you to sign
a legally binding contract to arbitrate any future dispute between you
and the firm or your sales representative. This may be part of another
document, such as a margin agreement. The federal securities laws do not
require that you sign such an agreement. You may choose later to
arbitrate a dispute for damages even if you do not sign the agreement.
Signing such an agreement means that you give up the right to sue your
sales representative and firm in court.
You may have your securities registered either in your name or in
the name of your brokerage firm. Ask your sales representative about the
relative advantages and disadvantages of each arrangement. If you plan
to trade securities regularly, you may prefer to have the securities
registered in the name of your brokerage firm to facilitate clearance,
settlement, and dividend payment.
THE INVESTMENT DECISION
NEVER invest in a product that you don't fully understand. Consult
information sources such as business and financial publications.
Information regarding the fundamentals of investing and basic financial
terminology can be found at your local library.
Ask your sales representative for the prospectus, offering
circular, or most recent annual report and the "Options Disclosure
Document" if you are investing in options. Read them. If you have
questions, talk with your sales representative before investing.
You also may want to check with another brokerage firm, an
accountant, or a trusted business adviser to get a second opinion about
a particular investment you are considering.
Keep good records of all information you receive, copies of forms
you sign, and conversations you have with your sales representative.
Nobody invests to lose money. However, investments always entail
some degree of risk. Be aware that:
- The higher the expected rate of return, the greater the risk;
depending on market developments, you could lose some or all of
your initial investment, or a greater amount.
- Some investments cannot easily be sold or converted to cash.
Check to see if there is any penalty or charge if you must sell
an investment quickly or before its maturity date.
- Investments in securities issued by a company with little or no
operating history or published information may involve greater
risk.
- Securities investments, including mutual funds, are NOT
federally insured against a loss in market value.
- Securities you own may be subject to tender offers, mergers,
reorganizations, or third party actions that can affect the
value of your ownership interest. Pay careful attention to
public announcements and information sent to you about such
transactions. They involve complex investment decisions. Be
sure you fully understand the terms of any offer to exchange or
sell your shares before you act. In some cases, such as partial
or two-tier tender offers, failure to act can have detrimental
effects on your investment.
- The past success of a particular investment is no guarantee of
future performance.
PROTECT YOURSELF
A high pressure sales pitch can mean trouble. Be suspicious of
anyone who tells you, "Invest quickly or you will miss out on a once in
a lifetime opportunity."
Remember:
- NEVER send money to purchase an investment based simply on a
telephone sales pitch.
- NEVER make a check out to a sales representative.
- NEVER send checks to an address different from the business address
of the brokerage firm or a designated address listed in the
prospectus.
- If your sales representative asks you to do any of these things,
contact the branch manager or compliance officer of the brokerage
firm.
- NEVER allow your transaction confirmations and account statements
to be delivered or mailed to your sales representative as a
substitute for receiving them yourself. These documents are your
official record of the date, time, amount, and price of each
security purchased or sold. VERIFY that the information in these
statements is correct.
Certain activities may indicate problems in the handling of yor
account and, possibly, violations of state and federal securities laws.
Be Alert For:
- Recommendations from a sales representative based on "inside"
or "confidential information," an "upcoming favorable research
report," a "prospective merger or acquisition," or the
announcement of a "dynamic new product."
- Representations of spectacular profit, such as, "Your money
will double in six months." Remember, if it sounds too good to
be true, it probably is!
- "Guarantees" that you will not lose money on a particular
securities transaction, or agreements by a sales representative
to share in any losses in your account.
- An excessive number of transactions in your account. Such
activity generates additional commissions for your sales
representative, but may provide no better investment
opportunities for you.
- A recommendation from your sales representative that you make a
dramatic change in your investment strategy, such as moving
from low risk investments to speculative securities, or
concentrating your investments exclusively in a single product.
- Switching your investment in a mutual fund to a different fund
with the same or similar investment objectives. Unless there is
a legitimate investment purpose, a switch recommended by your
sales representative may simply be an attempt to generate
additional commissions for the sales representative.
- Pressure to trade the account in a manner that is inconsistent
with your investment goals and the risk you want or can afford
to take.
- Assurances from your sales representative that an error in your
account is due solely to computer or clerical error. Insist
that the branch manager or compliance officer promptly send you
a written explanation. Verify that the problem has been
corrected on your next account statement.
IF YOU HAVE A PROBLEM
If you have a problem with your sales representative or your
account, promptly talk to the sales representative's manager or the
firm's compliance officer. Confirm your complaint to the firm in
writing. Keep written records of all conversations. Ask for written
explanations.
If the problem is not resolved to your satisfaction, contact the
appropriate regulators listed at the end of this document. Investor
complaint information assists these regulators in identifying violations
of the securities laws and prosecuting violators. However, none of these
organizations is authorized to provide legal representation to
individual investors or to get your money back for you.
Obtain information on using arbitration to resolve your dispute by
contacting the NASD, New York Stock Exchange, American Stock Exchange,
Municipal Securities Rulemaking Board, Boston Stock Exchange, Chicago
Board Options Exchange, Chicago Stock Exchange, Pacific Stock Exchange,
or Philadelphia Stock Exchange. Each of these organizations operates a
forum to resolve disputes between brokerage firms and their customers.
It may be desirable to consult an attorney knowledgeable about
securities laws. Your local bar association can assist you in locating a
securities attorney.
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