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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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The Securities Investors' Bill Of Rights (SIBORAP):
Part Three 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 Five: Brokerage Account Statements.
Investors have a right to brokerage account statements that: (1)
help them monitor and manage their asset allocation, (2) report
realized gains and losses for the year, (3) track both the cost of
their holdings, and their net account deposits, and (4) emphasize
the long-term, cyclical nature of the investment process.
Under SIBORAP, all brokerage firms would be required to maintain
cost basis information on all holdings, and the ACATS system would
be required to provide it in all transfer transactions. Mutual funds
would be required to include cost basis information on their
quarterly reports. Statements that simply report transactions, and
focus only on market value, promote the emotional environment that
leads to poor decision-making.
Statements must divide securities into three classes: equities,
income, and other and specify asset allocation numbers for each
class in terms of cost basis. Each client's equity and income target
allocations must be provided and compared with the actual totals.
Within each category, sub-categories (e.g., open or closed-end
mutual funds, taxable or tax-free income, etc.) would be required.
No combined-portfolio graph or chart presentations would be
permitted unless accompanied by supporting charts of the separate
asset allocation buckets. Supporting charts must compare securities
with appropriate indices, and include lines for both working capital
(i.e. cost basis) and market value. Associated commentary must
describe market conditions in cyclical terms, and describe what
reasonable performance expectations would be for each class of
security.
Statement margin information must include warnings about the dangers
of margin borrowing. Investors must be given the opportunity to
switch any automatic dividend reinvestment arrangements or
withdrawal programs to loan repayment.
Investors have the right to statements that inform, report, and
educate. Statements should outline reasonable performance
expectations for the major classes of securities, the reasons for
the assessment, and a sense of how the present environment should be
understood in terms of market, economic, and interest rate cycles.
Wrap account statements must make it clear to investors that their
accounts are identical in all respects to other clients engaged with
the same management program, and that the programs are not being
managed just with their personal goals and objectives in mind.
All retirement portfolio statements must facilitate compliance with
SIBORAP Section Six.
Section Six: Retirement Account Investments.
Investors have a right to augment employer-sponsored programs and
Social Security with self directed retirement vehicles of their own
design. Tax Code changes mandated by SIBORAP (see Section Nine)
exempt retirement income and (most) investment income from taxation
by any level of government, and introduce a new "elective" Social
Security option.
Individual investors have a right to safeguards from excessive risk
taking in any and all self-directed retirement portfolios, including
those provided by employers. Cost based asset allocation and
diversification rules must be applied to all portfolios above
$100,000 in working capital and in all portfolios for those aged 55
and above.
Asset allocation rules: All retirement portfolios with working
capital (cost basis) under $100,000 must have at least 55% invested
in top tier (Tier One) income securities. Portfolios with more than
$100,000 of working capital must have at least 30% invested in
government securities. After age 55, retirement accounts must hold
at least 60% (cost basis of securities) in individually owned
government securities and/or Closed End Funds comprised of top tier
income securities, and which have less than 20% leverage.
Diversification rules: No portfolio in excess of $100,000 may
contain a single position that exceeds 5% of working capital, or a
mutual fund position that exceeds 10%. Sector allocations should be
held below 25% of portfolios.
No retirement portfolio, non-financial corporation, state or local
government, foundation, endowment, or other fiduciary entity may own
or trade Tier Four securities and contracts, or derivatives that
contain such securities.
Retirement accounts that comply with these protective elements are
100% non-taxable, but cannot be borrowed against or withdrawn from
before age 60. All Social Security participants under age 40 may
elect to use one half of their mandatory salary deductions to fund
deferred, fixed-income-only annuity contracts. Google: Guaranteed
Social Security Benefits: Make It So, for more information.
Section Seven: Executive Compensation.
Every shareholder of a publicly traded entity has a right to share
in the growth and profit of the business to the same extent and in
the same manner as the employees they, in effect, hire to manage the
business.
Corporate executives and directors have totally lost touch with
their equity owners, who were never consulted (in terms that a "Joe
the Plumber" could understand) about being compensated strictly in
terms of the illusory market value of their holdings.
Corporate executive compensation needs to be brought down to a
significantly lower "competitive level", and more of the corporate
profit needs to be "spread around" to owners and employees, applied
to debt reduction, and placed in reserves for contingencies. It is
unlikely that there would be a shortage of qualified CEO applicants
at a mere four or five million per year in salary.
Section Seven (Executive Compensation) is continued in Part Four of
the SIBORAP report, which also includes Sections Eight (Corporate
Financial Statements), Nine (Taxation Considerations), and Ten
(Transactional Fear and Greed Controls).
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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