Investing in Structured Products
Structured products are securities derived from or based on a single security, a basket of securities, an index, a commodity, a debt issuance and/or a foreign currency.
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Can I Sue My Financial Advisor For Structured Note Investment Losses?
Structured notes are investments that combine securities from several asset classes to create a single investment with a particular risk and return profile over a time period. Unfortunately, investment loss is not unheard of with structured notes. This article will try to explain how a structured note works and what you can do if you have lost money due to an advisor’s bad purchase decisions for you. Can I Sue My Financial Advisor For Structured Note Investment Losses? Yes, you can sue your financial advisor for structured note investment losses for one or more of the following reasons: The nature, mechanics, or risks of the structured note were misrepresented. The financial advisor failed to provide you with a prospectus, offering memorandum, or otherwise disclose all of the material risks of the structured product investment. The recommendation that you invest in a particular structured note was unsuitable. Your account was over-concentrated in structured notes which may otherwise have been suitable for a small percentage (10% or less) of your portfolio. What Are Structured Notes? Structured notes are investments which often combine securities of different asset classes as one investment for a desired risk and return over a period of time. They are complex investments that are often misunderstood by not only investors but the financial advisors who recommend them. Structured notes are manufactured by financial institutions in all sizes and shapes. Generally, a structured note is an unsecured obligation of an issuer with a return, generally paid at maturity, that is linked to the performance of an underlying asset, such as a securities market index, exchange traded fund, and/or individual stocks. The return on the structured note will depend on the performance of the underlying asset and the specific features of the investment being made. The different features and risks of structured notes can affect the terms and issuance, returns at maturity, and the value of the structured product before maturity. They may have limited or no liquidity before maturity. Before investing, you better make sure you understand the terms and conditions and risks associated with the structured note being offered. Structured notes are often represented as investments being guaranteed by large financial institutions. Indeed, the top issuers of structured notes in 2021, Goldman Sachs (12.75%), Morgan Stanley (12.70%), Citigroup (12.46%), J.P. Morgan (11.92%), UBS (80.47%), Credit Suisse (4.99%), RBC (4.45%), Bank of America (3.90%), Scotiabank (3.89%), are some of the largest financial institutions in the world. It’s important to understand that although the benefits of owning structured products may be guaranteed to be paid by one of those large financial institutions, the amount of interest or principal being guaranteed is dependent upon the features of the product being sold; that is, the specific terms and conditions of the investment contract being purchased. In this low-interest rate environment the most popular structured notes being offered are structured notes with principal protection and income features. Some of the structured notes offer full principal protection, but others offer partial or no protection of principal at all. Some structured notes offer higher rates of interest that may be paid monthly and then suddenly stop paying any interest at all because payment was contingent upon certain events not happening. It all depends on the terms and conditions of the investment contract being purchased, which is why you must read the term sheet or better yet the prospectus to understand the nature, mechanics and risks of the structured note being sold. You need to understand that there are many key terms beyond the words “guarantor” and “guaranteed” which are used often to describe structured notes. You need to ask about and be sure to understand the following features of the structured notes being offered: the nature of the “reference asset” (a/k/a the “underlyings”) the reference index(es), ETF(s), or stock(s) underlying the structured note. whether the “reference asset” gets put to you at maturity (delivered) or you get paid in cash and forced to realize a loss. the “barrier levels” which can dictate the payment of interest and/or return of capital to the investor in the structured notes. whether the notes “auto-callable” which might force you to realize permanent loss that might not otherwise have occurred if you were allowed to hold the securities through market fluctuation. the “redemption dates,” or “observation dates, ” which may impact the amount of payment of principal or interest you ultimately receive. whether the interest payments subject to a “contingent coupon” and, if so, be sure you know the contingency parameter and the level where your interest payments may stop. How the “closing value” and/or “final value” of the “reference asset (as)” are calculated on the “redemption date(s)” or “observation date(s).” Are Structured Notes Suitable Investments? Let me answer that question this way, a particular structured note may be suitable for somebody but not everybody. With regard to the more common structured notes being offered by the major financial institutions these days, they are not suitable for individuals seeking an investment that: produces fixed periodic interest payments, or other non-contingent sources of income and/or you cannot tolerate receiving few or no interest payments over the term of the notes in the event the closing value of the underlings or reference stock falls below a barrier level on one or more of the observation dates. participates in the full appreciation of the reference stock rather than an investment with a return that is limited to the contingent interest payments, if any, paid on the notes. provides for the full repayment of principal at maturity, and/or you are unwilling or unable to accept the risk that you may lose some or all of the principal amount of the notes in the event the final value of the reference asset falls below the barrier value. They are not suitable investments if you are someone who: anticipates that the closing value of the reference asset will decline during the term of the notes such that the closing value of the reference asset will fall below...
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J.P. Morgan Sued for Edward Turley’s Alleged Misconduct
J.P. Morgan Securities, LLC (“J.P. Morgan”) employed San Francisco Financial Advisor Edward Turley (“Mr. Turley”) is being sued for his alleged stockbroker fraud and stockbroker misconduct involving a highly speculative trading investment strategy in highly leveraged margin accounts. We represent a family (the “Claimants”) in the Southwest who built a successful manufacturing business and entrusted their savings to J.P. Morgan and its financial advisor to manage by investing in “solid companies” and in a “careful” manner. At the outset, it is important for our readers to know that our clients’ allegations have not yet been proven. We are providing information about our clients’ allegations and seeking information from other investors who did business with J.P. Morgan and Mr. Turley and had similar investments, a similar investment strategy, and a similar bad experience to help us win our clients’ case.
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Margin Call: Definition, Triggers, & How They Work
Increased volatility in the market can sometimes bring about uncomfortable and surprising situations for investors, especially when it comes to margin calls. When you buy stock on a margin, you’re essentially borrowing money from your broker to finance the purchase. While this is a strategy that can amplify your gains if the stock price goes up, it can also lead to painful losses if the stock price falls and you’re forced to sell other assets or put more money into your account to meet the margin call. In this article you will learn everything there is to know about margin calls, including: what is a margin call; what triggers a margin call; what happens when you get a margin call; how long do you have to pay a margin call; what happens if you cannot pay the margin call; how you can avoid a margin call; and how to handle margin call liquidation. What is a margin call? A margin call is a demand from your broker that you must deposit more money or securities into your margin account to cover potential losses. This typically occurs when a margin account runs low on funds, usually due to heavy losses in investments. Need Legal Help? Let’s talk. or, give us a ring at 561-338-0037. In most, but not all cases, your broker will notify you of a margin call and give you a set amount of time to deposit more funds or securities into your account. You typically will have two to five days to respond to a margin call. Timeframes for responding to a call may vary depending on your broker and the circumstances. Regardless of the time frame, it is important that you take action as soon as possible. IMPORTANT: If you aren’t able to meet the margin call fast enough or don’t have any extra funds to deposit, your broker may also force you to sell some of your securities at a loss in order to free up cash. This is known as forced liquidation. In fact, many margin account agreements allow brokerage firms to liquidate your portfolio at their discretion without notice. What triggers a margin call? There are several things that can trigger a margin call, but the most common is when the value of securities in your account falls below a certain level set by your broker (house maintenance margin requirement) or securities exchange where securities are traded (exchange margin requirement). Need Legal Help? Let’s talk. or, give us a ring at 561-338-0037. When this occurs, your broker will issue a margin call in order to protect themselves from losses and to ensure that your account has enough funds to cover potential losses. You’re then required to deposit additional funds or securities into your account to meet the call to bring your account back to the maintenance margin level. If you don’t make a deposit, your broker may sell some of your securities at a loss to cover the shortfall. Margin calls can occur at any time, but tend to occur during periods when there is high volatility in the markets. What happens when you get a margin call? A margin call is most often issued these days electronically, through your broker’s online platform. You can also receive an email or other notification from your broker informing you of the margin call and how much money you need to deposit by a certain time. What happens next depends on your broker and the situation. If your broker is not worried about the situation, they may give you some time to raise the extra funds to deposit into your account. If they are worried, they may demand that you meet the call immediately or they may even sell some of your securities to cover the shortfall if you don’t have the extra cash on hand without notice. Yes, a broker can sell your securities without your permission if you don’t have enough money in your account to meet a margin call. All of this depends upon the contract you signed when you opened your account which outlines the broker’s rights in these situations. It’s important to remember that your broker will most likely be interested in protecting their own financial interests rather than yours, so you should make sure that you understand your rights and obligations before entering into a margin agreement. Because they are not always required to give you time to meet a margin call, unless they are under contractual agreement to do so, they may not notify you before liquidating assets in your account to pay off any margin debt. If this happens, your investment portfolio may suffer significant losses. Unfortunately, even if you are in a position to meet the call, you may not be able to get your securities back if they have already been sold by your broker. When you opened up your margin account, you likely signed an agreement that gave your broker the right to sell your securities without notifying you first. This is why it’s important to understand the terms of your margin agreement before signing it. You should also be aware of the risks involved in trading on margin. MPORTANT: If your broker decides to sell your highly appreciated securities, you can be left with large deferred-tax liabilities as well as major capital gain tax expenses that must be paid in the relevant tax year. In addition, brokers can sell your securities within the margin account at an undervalued price, leaving you with even more investment losses. How long do you have to pay a margin call? The time frame for responding to a margin call can vary depending on your broker and the circumstances. Typically, brokers will allow from two to five days to meet the call. You will need to review your account agreement with your broker to be sure. Beware, most margin account agreements do not require the broker to give you any amount of time or notice before they liquidate. What happens...
Learn MoreOptions Trading vs. Margin Trading: The Risks & Benefits of Both
When it comes to trading stocks and other securities, there are a few different approaches that investors can take. Two of the most popular methods are options trading and margin trading. Both of these strategies can be profitable, but they each come with their own set of risks and rewards. In this article, we’ll break down the key differences between options trading and margin trading. As an investor it is important to understand the risks and benefits of each before deciding if either of these investment strategies is right for you. What is the difference between options trading and margin trading? Margin trading offers investors a way to control a larger number of shares than they could with just their own money with the added risk that losses could be amplified. Options trading, on the other hand, provides investors to buy or sell securities at a later date for a set price and is considered to be low risk and low returns. Need Legal Help? Let’s talk. or, give us a ring at 561-338-0037. Note: Trading on a margin is considered a risky investment strategy. If you have lost money due to an advisor or broker who has unsuitably recommended margin trading, you should speak to an experienced investment fraud lawyer to discuss your legal options. What is Options Trading? Options trading is a type of investing where you trade contracts that give you the right, but not the obligation, to buy or sell an asset at a set price on or before a certain date. Options are typically used as a way to hedge against other investments, or to speculate on the future price of an asset. When you buy an option, you have the right to buy or sell the underlying asset at a set price. If the price of the asset goes up, you can make a profit by selling it at the higher price. If the price goes down, you simply don’t exercise your option and don’t incur any loss. There are two types of options: call options and put options. What is a call option in stocks? A call option is a contract that gives you the right to buy an security at a set price within a certain time frame. The price you will pay for the security is called the strike price. The time frame in which you can buy the security is called the expiration date. If the stock price is above the strike price when the expiration date arrives, you will exercise your option and buy the stock at the strike price. If the stock price is below the strike price, you will let the option expire and not incur any loss. What is a put option in stocks? A put option is a contract that gives you the right to sell an security at a set price within a certain time frame. If the stock price is below the strike price when the expiration date arrives, you will exercise your option and sell the stock at the strike price. If the stock price is above the strike price, you will let the option expire and not incur any loss. What are the benefits of options trading? Options trading is a relatively low-risk way to invest in stocks and other securities. Because you are not obligated to buy or sell the underlying asset, you can simply let the option expire if it is not profitable. Options trading can also be used to generate income through premiums. When you sell an option, you collect a premium from the buyer. If the option expires without being exercised, you keep the premium as profit. What are the risks of options trading? The biggest risk of options trading is that you may not correctly predict the future price of an asset. If you buy a call option and the price of the underlying asset goes down, you will lose money. If you buy a put option and the price of the underlying asset goes up, you will also lose money. In order to make money from options trading, you must correctly predict which direction the price of an asset will move. Can you sue your broker for options trading losses? Yes, you can sue your broker for options trading losses. However, it is important to understand that your broker is not obligated to make money for you. They are only required to provide you with the resources and information necessary to make informed investment decisions. If you lose money due to bad investment decisions, you cannot sue your broker. What is Margin Trading? Margin trading is when you buy or sell stocks (or other types of securities) with borrowed money. This is also sometimes called “trading on margin.” The money you borrow is called a margin loan. This means you will be going into debt in order to make an investment. Typically the loan comes from your broker, and you will repay it with interest at a later date. Buying on a margin may have a lot of appeal compared to using your own money, but it is very important to understand the risks before you do it. Margin trading is a form of leverage. Leverage is when you use something (in this case, money) to control a much larger amount of something else. Note: If the investment doesn’t make money, you will have to pay back the loan with interest regardless. This means that the investment losses can be much greater than if you had just used your own money. What are the risks of margin trading? The biggest risk of margin trading is that you may lose more money than you originally invested. When investors trading on a margin and they experience losses, they may be required to pay back more money than they originally borrowed (Margin Call). A margin call is when your broker asks you to add more money to your account because the value of your securities has fallen. If you cannot afford to pay the...
Learn MoreWhat Does a Securities Lawyer Do?
If you’re having difficulties with your financial advisor or broker and suffered investment losses, you might want to hire a securities lawyer who knows the securities laws and securities industry rules inside and out. What Does a Securities Lawyer Do? A securities lawyer specializes in securities laws and regulations that apply to investors, brokers, and financial advisors. Securities lawyers represent investors claiming losses as a result of misconduct or fraud, as well as brokers and financial advisors accused of misconduct by their clients or their employers. Investment Losses? Let’s talk. or, give us a ring at 800-732-2889. Brokers and advisors provide investment advice and sell securities products such as stocks, bonds, and mutual funds. When you work with an advisor or broker, you probably signed an agreement that required them to comply with Federal and state securities laws and securities industry rules, including the rules requiring an advisor or broker to only make suitable investment recommendations and to act in your best interest. IMPORTANT: If your financial professional isn’t doing what was agreed to, or if you think they’ve committed securities fraud, you can file a complaint with the Financial Industry Regulatory Authority (FINRA). But before you do, you might want to talk to a securities lawyer. You have the right to seek compensation from the parties responsible if you were an investor who lost money as a result of broker misconduct. What Are Securities Laws? Securities laws are the laws that regulate the securities industry. The SEC (Securities and Exchange Commission) is the government agency that oversees the securities industry and enforces the Federal securities laws. These rules are designed to protect investors from fraud and other abuses, and to ensure that the securities industry operates fairly and transparently. Federal law requires companies that sell securities to register with the SEC. This registration process provides important information about a company’s business, its financial condition, and its management. It also gives the SEC important information about the people who sell the company’s securities. The federal securities laws also require those who sell securities to be licensed and to meet other standards of conduct. Investors and brokers use this information to make informed investment decisions. When brokers don’t disclose important information, or make false or misleading statements, they may have committed securities fraud. Further, the SEC provides a forum where investors can bring SEC complaints. The SEC may use these complaints to assist them in SEC investigations and the detection of securities fraud. In comparison to other areas of the law in the United States, there are few securities lawyers. Most lawyers who practice in this area work for the government, regulating or prosecuting firms and individuals who have violated securities law. It’s Important To Find A Good Securities Lawyer Who Represents Investors! There are a few lawyers who represent investors in private lawsuits and arbitrations against firms or individuals who have committed fraud and violated other securities laws. In order to sue someone for securities fraud, you must be able to prove that they made false or misleading statements, and that you relied on those statements to your detriment. Proving fraud can be difficult, and you should talk to a securities lawyer before you decide whether to sue. If you are an investor who suffered losses due to broker misconduct, you have the right to seek reimbursement from the parties responsible. Broker misconduct exists in multiple forms, including: Breach of fiduciary duty; Failure to disclose a conflict of interest; Churning, also known as excessive trading; Lack of diversification; Failure to adequately supervise; Misrepresentation; Omission of material facts; Unsuitable investment recommendations; Unauthorized trading; and Misappropriating client funds. While some forms of broker misconduct are easy to recognize, others are not. A financial advisor who stole funds out of your account and transferred them to a personal account clearly misappropriated your funds and committed misconduct. It’s more difficult to prove that a financial advisor recommended unsuitable investments, however, because the suitability of an investment depends on a number of different factors. If you suffered investment losses and believe it was a result of broker misconduct, contact a good securities fraud lawyer today to evaluate your case. Securities Laws are Complex and Numerous The laws that govern the securities industry are complex and numerous. This is partially due to the fact that the securities industry is complex and ever-changing. As new technologies and products are developed, they must be regulated. And as the markets change and evolve, the rules must change with them. This complexity can make it difficult for investors to understand their rights and what they should do if they think their broker has committed securities fraud. Below are just a few of the securities laws that may be relevant to your case: The Securities Act of 1933 Often called the “truth in securities” law, the Securities Act of 1933 has two main objectives: To require that companies disclose important information about their securities before they sell them; and To prevent fraud in the sale of securities. You can read more about the Securities Act of 1933 here. The Securities Exchange Act of 1934 The Securities Exchange Act of 1934 is often called the “most important securities law in the United States.” It created the SEC and gave it broad authority to regulate the securities industry. Among other things, the Securities Exchange Act of 1934 requires companies that sell securities to the public to disclose important information about their business, financial condition, and management. It also requires brokers and dealers who trade securities to be licensed and to meet other standards of conduct. You can read more about the Securities Exchange Act of 1934 here. Trust Indenture Act of 1939 The Trust Indenture Act of 1939 is a federal law that regulates the sale of municipal securities. Municipal securities are debt obligations issued by states, cities, and other government entities. The Trust Indenture Act of 1939 requires state and local governments to disclose important information about their finances before they sell municipal securities. It also prohibits them...
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