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Award page Items you need to improve and protect your FCM or IB...
1.
Very important and useful forms and letters for
different applications for the FCM and the Introducing Broker. Visit our
"forms" page.
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Securities Investors' Bill Of Rights (SIBORAP): Part One of Four
by
Steve Selengut
We the securities investors of the United States, in order to form
more transparent financial markets, establish effective regulations,
defend against destructive speculation and manipulation, promote
financial well-being, preserve working capital, and protect
retirement income, do establish this Securities Investors Bill of
Rights and Protections (SIBORAP).
These rights are intended to replace, amend and/or abolish all laws
and regulations currently in conflict with SIBORAP, and are to be
implemented by all parties to financial transactions.
Any institutional efforts to create and/or market securities and/or
derivative products that do not comply with the spirit of SIBORAP
will result in fines to corporate officers and directors,
congressional oversight committee members, regulatory agency
directors, and their financial or legal counsel.
All derivative investment products of any kind, any investment
programs or specific recommendations promoted in any medium by
non-professionals and professionals alike, SEC registered or not,
must comply with SIBORAP. Any non-plain-vanilla security, or
derivative product containing college-level mathematical complexity,
must comply with SIBORAP.
If the average investor cannot understand the purpose of the
security, view its content, and form valid expectations about its
market value and/or income generation performance in varying market
environments--- that security should not be purchased by that
person, and must not be sold to him.
It is important that the regulatory bodies responsible for
implementing SIBORAP include non Wall Street representatives in
their advisory committees. Any and all financial products,
contracts, options, and programs approved by regulators will be
given a layman's language risk assessment.
All producers of derivative products must provide regulators with
clear written documentation of the specific risks involved, in
layman's terms. Regulators will label derivatives as to risk "tier
level", and identify the entities, persons, and programs prohibited
from purchasing them.
The primary purpose of SIBORAP is to protect investors from the
actions of others by lessening the global impact of specific types
of transactions. A secondary objective is to protect the majority of
investors from themselves.
SIBORAP includes these ten specific sections: (1) Product
Transparency, (2) Regulation and Education, (3) Protection from
Speculators (4) Control of Hedge Funds, (5) Brokerage Account
Statements, (6) Retirement Account Investments, (7) Executive
Compensation, (8) Corporate Financial Statements, (9) Taxation of
Investment and Retirement Income, and (10) Transactional Greed and
Fear Controls.
Section One: Product Transparency.
All individual investors, regardless of size, tax status, or
educational achievement have the right to see precisely what
securities are inside any investment product they purchase, and not
only in terms of the top ten positions and asset allocation. All
securities within the portfolio must be visible electronically, and
updated daily. The top ten holdings would typically represent less
than 30% of the portfolio.
Investment Companies shall create no products that contain more than
one level of content identification, or whose make-up would
artificially or inappropriately impact the market valuation of the
securities it contains. A product containing individual negotiable
securities of any kind, either equity or income based, may not
become a part of any other product or publicly traded security.
This rule would outlaw all multi-level derivatives such as
funds-of-funds, index funds that purchase more than 100 shares of
the stocks they track, CDOs, and other multi-level gambling devices
so popular within the derivative markets.
It will also allow shareholders and regulators to see if any illegal
or undisclosed activities or processes are being used in-between
standard reporting periods. (Note that funds, corporations, and
brokerage firms would no longer be required to send quarterly or
annual reports to anyone, so long as the documents are available on
line.)
Full disclosure, always in laymen's terms, is required for all
gain-enhancing/risk-increasing activities such as leverage, options,
and futures transactions.
Section Two: Regulation and Education.
Since the investor community has grown to include nearly all
employed persons, and because such persons may have a limited
understanding of investing, they have the right to expect government
regulators to protect their interests.
Incidentally, and because approximately 99.9% of "middle class"
members are investors, the tax rules associated with SIBORAP Section
Nine will be effective retroactive to the 2007 tax year--- for
middle class families and small business taxpayers only. The
resultant tax credit will be applied to withholding taxes.
A well-regulated securities industry is needed to assure that the
risks associated with securities are clearly identified and labeled.
Investors have the right to clear, non-legalese, explanations of
risk, particularly when their selections involve other than stocks
and bonds.
Specific risk assessment for individual securities and derivatives
(securities whose value depends upon the value of other securities)
is more important than disclosure of company operations and
affiliations. If Registered Investment Advisors (RIAs) have no
weapons of mass financial destruction (WMFDs) to sell, no mass
financial destruction will recur.
Section Two (Regulation and Education) is continued in Part Two of
the SIBORAP report. Part Two also includes Sections Three
(Protection from Speculators) and Four (Control of Hedge Funds).
NOTICE: Investment Reference does not recommend
or endorse any products, brokerage firms, CTAs, CPOs or representatives. All
material contained in any article is only the opinion of the person authoring the
article. Investment reference will publish any article submitted as a way of
offering a public forum and a means of exchanges of views and ideas. Investment
Reference also reserves the right to make the final decision on what to publish, and will
not publish anything that it considers offensive, slanderous, or fraudulent.
Investment Reference cannot and will not be held responsible for any information or
content in any articles except those which it authors itself.
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Last modified:
January 01, 2010
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