According to FINRA’s public statements, one of its top priorities is enforcing its rules and federal securities laws. FINRA investigates activity that it believes may indicate a securities law violation and files disciplinary proceedings against firms and their associated persons to address such violations. A FINRA investigation, which typically starts with a request […]
Brokers
Commentary, news and links of interest to financial advisers.
Guide to State Securities Administrators
Maintained by Mark J. Astarita, Esq. Last Updated March 2022 Introduction A complete listing of the contact information for the State Securities Commissions, who regulate securities transactions , in addition to the rules and regulations of the Securities and Exchange Commission . Here is a listing of the various state […]
Broker-Dealers In the News
1st Bridgehouse Securities 1st Discount Brokerage 1st Discount Brokerage is a firm unflinchingly devoted to financial fitness for our clients. We have built our company around wanting to create value for both investors and savers by helping individuals meet their economic needs. Whether they have a hundred or a million […]
Suitability – Brokers Have to be Their Own Judge
By Mark J. Astarita, Esq. Suitability is an often misunderstood concept in the law. To most, it means that that brokers are required to ensure that their customers invest only in securities that are “suitable” for them. This oversimplification worries many brokers who, armed with this definition, often lament that […]
Exemptions from Broker-Dealer Registration
We deal with the requirements and procedures to register as a broker-dealer in Guide to Broker-Dealer Registration there are a number of specific exemptions where such registration is not required. Issuer’s Exemption (Rule 3a4-1) Issuers generally are not “brokers” because they sell securities for their own accounts and not for […]
Hedging Your Bets – Creating a Hedge Fund?
Hedging Your Bets Is a Hedge Fund the Way Out of the Regulatory Nightmare? By Mark J. Astarita, Esq. Mark Astarita, Esq. is a nationally recognized securities attorney who represents investors, financial professionals, issuers and financial firms in a wide variety of matters involving federal and state securities laws. He […]
LAW REVIEW: FOR THE RECORD
YOU CAN’T STOP CLIENTS’ UNFOUNDED ARBITRATION CLAIMS, BUT YOU CAN BE PREPARED: KEEP GOOD RECORDS. BY MARK J. ASTARITA, ESQ. More than 6,000 arbitration claims are being filed each year with the various self-regulatory agencies. It follows that more and more brokers are finding themselves involved in these claims with […]
For The Record
Note: Mark Astarita was the legal columnist for Research Magazine from 1995 to 2000. This column was the first in of 5 years of monthly articles. BY MARK J. ASTARITA, ESQ. By now, you’re probably aware of Spring Street Brewing’s successful initial public offering completed last year. The company conducted […]
Settling the Matter
More brokers and firms are being forced to settle customer claims, particularly where the claim is less than the total arbitration expense. Settling the Matter By Mark J. Astarita, Esq. In June, we addressed how to avoid customer disputes. This month, we jump ahead to how to resolve them, either […]
Financial Advisor Legal Information Center
Featured Books Securities Litigation and Enforcement in a Nutshell – The 2nd edition of the Securities Litigation and Enforcement Nutshell focuses on an area of law that burgeoned nearly two decades ago after the accounting and corporate governance scandals at Enron, WorldCom, and other large publicly traded companies. It is […]