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1.
Very important and useful forms and letters for
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The Securities Investors' Bill Of Rights (SIBORAP):
Part Two of Four
by
Steve Selengut
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 Two: Regulation and Education (continued from Part One of
the SIBORAP report).
Security industry regulators will be charged with many
responsibilities: (1) educating investors with respect to product
content; (2) developing a "hierarchy-of-risk" tool that identifies
the risks in all things sold to investors; and (3) preventing the
spread of unregulated Internet based investment advice offered by
persons of unknown qualifications.
Additionally, they will be responsible for:
(4) Preventing the development of multi-level, multi-leveraged,
WMFDs; (5) requiring that all financial blogs include appropriate
caveats that speak to the qualifications of contributors; (6)
investigating any "acronym" product produced by Wall Street, and (7)
preventing rating agencies from separately rating pieces of
derivative products.
If it looks and feels like a bond, it better not be a currency
futures speculation.
The "hierarchy-of-risk" tool compares the risk vs. reward
characteristics of a laundry list of investment securities from
lowest-risk, investment grade, through highest-risk, speculation. A
risk level "tier" system has been created:
Tier One: government securities, IG (investment grade) municipal and
corporate bonds, and US government backed and/or guaranteed
securities. Tier Two: individual commercial and residential
mortgages, IG preferred stocks, dividend paying IGV stocks, and most
REITs.
Tier Three: other exchange-listed stocks, most royalty trusts, and
DJIA, S & P, and NASDAQ index funds. Tier Four: IPOs, sector index
funds, junk bonds, options, futures and commodities contracts,
currencies, multi-level derivatives, penny stocks, and anything with
a "traunch" inside, etc.
Special documentation is required for individual investors to
purchase anything listed as a Tier Four speculation. Tier Four
speculations are only available to individuals with more than two
million dollars in invested working capital and a segregated,
personal retirement programs, with at least one million in working
capital.
Note that individuals who do not comply with SIBORAP rules would
continue to be taxed on both retirement and investment income.
Investors continue to have an inalienable right to be stupid.
Section Three: Protection from Speculators.
Investors have a right to protection from unexpected risks being
added to portfolios without their control, knowledge, or permission.
No contract of a derivative and/or a speculative nature may be used
in a manner that could impair the perceived investment status of any
individual security.
This would preclude the use of almost all forms of "naked" short
selling by any entity or person, index fund ownership of more than
100 share positions of tracked equities, and all "naked" stock
options. The only short selling that would survive would be
"against-the-box", and only in private, non-retirement, portfolios.
Similarly, margin financing in all but individual, non-retirement
portfolios, would be prohibited--- which just means that mutual
funds and hedge funds would be unable to borrow against the assets
within the fund to leverage the portfolio. This eliminates the
disruptive effect of margin calls on the values of the securities in
non-speculative portfolios, retirement plans, etc.
Certain commodities and currencies speculations must be restricted
to professionals within their communities. Basically, if you're not
willing to take delivery of the commodity, you can't trade it. In
recent years, for example, commodities speculators have been able to
place global economies in turmoil by manipulating gasoline and food
prices.
Under SIBORAP, regulators would be able to control speculators more
quickly, and less experienced (wealthy or not) individual investors
would be unable to participate in dangerous speculative endeavors.
Section Four: Controls of Hedge Funds.
Investors have the right to know that the same rules apply to all
market participants. Hedge fund disclosure material must be made
available to all eligible investors, and all hedge funds are subject
to SIBORAP.
Hedge funds of all varieties will become regulated entities, and
their operators, principles and officers will be required to fully
disclose the processes and methodologies that they will be using in
their operations. Any form of collusion between hedge fund operators
is illegal, for any purpose.
Clearly, in 2008, hedge fund operators conspired with one another to
manipulate the world oil market and to crush companies within the
financial sector. Such flagrant breaches of the public interest will
be eliminated by SIBORAP.
Hedge funds may not use margin borrowing, must not short securities
they do not own, and must not allow entry to anyone who does not
meet the funds stated wealth requirements. They may use covered
option strategies, but cannot invest in any multi-level derivatives.
No unqualified person, through whatever medium, may participate in
any form of hedge fund. Funds that contain hedge funds are
prohibited.
Sections Five: Brokerage Account Statements, Six: Retirement Account
Investments, and Seven: Executive Compensation, are presented in
Part Three of the SIBORAP report.
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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