The NASD May Soon Protect Investors at Broker’s Expense By Mark J. Astarita, Esq. This time the National Association of Securities Dealers (NASD) has gone too far. On November 27, 1996, the association proposed to make full disclosure of the entire contents of the disciplinary and litigation section of a […]
Brokers
Commentary, news and links of interest to financial advisers.
Appellate Court Strikes Hedge Fund Registration Rule
Rule Determined to be Arbitrary, Sent Back to SEC By Mark J. Astarita, Esq. In a decision issued on June 23, 2006, the United States Court of Appeals for the DC Circuit has thrown out the SEC’s controversial rule requiring the registration of hedge funds. The SEC’s rule, which […]
Market Timing Is Legal
Lying to Investors Is Not. By Mark J. Astarita, Esq. While you would never know it from the press reports, and some pretty irresponsible statements from some regulators, market timing is not illegal. It is a perfectly legal trading strategy, which has been in existence for years, with the knowledge […]
Customer Pays Fidelity Full Damages on ACAT Transfer Error
Panel awards Fidelity Brokerage Full Damages on Mistaken ACAT Transfer FIDELITY BROKERAGE SERVICES, INC. v. LaVALLIE, NASD ID # 99-03918 (New York, 8/22/03). A customer who wrongly retained an over delivery of securities is held liable for the consequences, in spite of the broker-dealer’s error. Fidelity made a mistake when […]
Customer Ratifies Unauthorized trades
Ratifies Unauthorized Transactions by Failure to Object John Dawson & Associates, NDIll Bankruptcy Court John Dawson & Assoc., Inc., In Re, Adversary No. 99 A 00536 (N.D. Ill. Bankr., 1/16/03). Bankruptcy/Insolvency Issues * Ratification * Unauthorized Trading * Statutory Definitions (“Conversion”) * SIPA. SIPC claim is disallowed due to ratification […]
Doing Business Abroad
Making sure your overseas business complies with foreign as well as US laws By Mark J. Astarita, Esq. We all know that the Internet has made the world smaller, and opened numerous opportunities for various businesses to conduct business with persons and entities residing in foreign countries. With those opportunities […]
Merrill Analysts – Is Merrill Setting Up its Own Brokers?
Is Merrill Lynch Gearing Up to Blame Its Own Brokers for Investor Losses from Analyst Recommendations? By Mark J. Astarita, Esq. In a related column, I addressed the impact that the May 21, 2002 settlement by Merrill Lynch with the New York State Attorney General might have on customer […]
First Union Securities Renamed Wachovia Securities
Name Change Effective May 2002 By Rick Weinberg First Union Securities will announce Wednesday that it has been renamed Wachovia Securities, Registered Rep. magazine has learned. The name change is effective May 2002. First Union is the retail brokerage arm of Wachovia Corporation, along with IJL Wachovia. The firm, the […]
Merrill, Brokers and Retention Bonuses
Bank of America’s Lousy Retention Bonus Gets Worse By Mark J. Astarita, Esq. In a blog post I commented on the odd retention bonus program being offered by Bank of America to Merrill Lynch brokers. Odd because it was a small amount of money, it was structured badly, and because […]
SEC Concern Over Margin, Whisper Numbers
Analysts, Margin, Chat Rooms Come into Focus, But is the Focus Correct? By Mark J. Astarita, Esq. While many analysts and brokers ponder how much higher the market can go, and some industry professionals continue to call for the bursting of the bubble, Securities and Exchange Commission Chairman Arthur Levitt […]
