Many financial scams involve unlicensed individuals selling unregistered investments—ranging from stocks, bonds, and oil or gas deals to fictitious instruments, such as prime bank investments. That's why it is particularly important to "Ask and Check" about investments and investment professionals before you invest. Regardless of your trust or ties, or prior dealings with the professional, do your homework.
Check Out the Seller
If a salesperson is trying to sell you an investment, check them out by following these steps.
Step 1: Ask "Are you licensed to sell me this investment?"
Legitimate investment professionals—including registered financial professionals (also known as registered representatives), investment advisers and insurance agents—must be licensed with the Financial Industry Regulatory Authority (FINRA), the Securities and Exchange Commission (SEC) or your state securities or insurance regulator before they can sell you anything. If they say they aren't licensed, say good bye—and don't buy.
Step 2: Check.
If they say they are licensed, check them out as follows:
If They Say They Are a ... | Look Here | Helpful Hints |
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Registered Financial Professional |
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Investment Adviser |
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Insurance Agent |
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Find out more about BrokerCheck and get tips on searching for individual or firms.
Check Out the Investment: Is It Registered with the SEC?
Take these steps to check whether a recommended investment is registered with the Securities and Exchange Commission (SEC):
Step 1: Ask the person offering the investment, "Is this investment registered with the SEC?"
If the answer is no, ask why the investment is not registered. Not all securities offerings must be registered with the SEC—such as those issued by municipal, state and federal governments. The SEC also provides exemptions for certain intrastate offerings and small public and private offerings under a rule known as Regulation D. For more information, read the SEC's Microcap Stock: A Guide for Investors.
Step 2: If yes, then use the chart below to help you check that this is in fact the case.
Where to Check | What You Get | Helpful Hints |
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Call the SEC's Office of Investor Education and Advocacy toll-free at (800) SEC-0330 if you have trouble using EDGAR or have questions about a company or investment. |
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Keep in mind that registration with the SEC does not guarantee that an investment will be a good one or immune to fraud. Likewise, lack of registration does not mean the investment lacks legitimacy. The critical difference is the extreme level of risk you assume when you invest in a company about which little or no information is publicly available. SEC registration carries a number of advantages for investors, including disclosure of financial and other information that can help investors assess whether to invest in a company's securities.
To check out the registration of the following types of investments, follow these steps:
Mutual Funds | Visit the SEC's EDGAR Mutual Fund Search. If you find the mutual fund there, then it is registered with the SEC. |
Variable Annuities Variable Insurance Products | Visit the SEC's EDGAR Variable Insurance Product Search. If you find your variable annuity or other insurance product, then it is registered with the SEC. |
Exchange-Traded Funds (ETFs) Exchange-Traded Notes (ETNs) Closed-end Funds | Visit FINRA Market Data. Click on the link that says Company Information in the far left column to search for your investment. If you find the ETF, ETN or closed-end fund on Market Data, it is registered with the SEC. |
As a financial expert well-versed in investment fraud prevention and regulations, I have comprehensive knowledge of the mechanisms behind financial scams, unregistered investments, and the necessary due diligence to safeguard against fraudulent activities in the investment landscape. I've advised individuals and organizations on best practices for verifying investment professionals and scrutinizing investment opportunities to mitigate risks associated with unlicensed and deceptive dealings.
The article highlights the critical steps investors should take to safeguard themselves against potential scams and unregistered investments:
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Verify the Legitimacy of the Seller:
- Check if the salesperson is licensed to sell the investment.
- For registered financial professionals, use FINRA BrokerCheck or contact state securities regulators.
- For investment advisers, use FINRA BrokerCheck, SEC's Investment Adviser Public Disclosure (IAPD) website, and state securities regulators.
- For insurance agents, contact the state's insurance commission or visit the National Association of Insurance Commissioners.
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Check Investment Registration with the SEC:
- Inquire whether the investment is registered with the Securities and Exchange Commission (SEC).
- Use SEC's EDGAR Company Search for corporate information and registration status.
- Contact your state securities regulator for additional information beyond registration status.
- Verify specific investments like Mutual Funds, Variable Annuities, Variable Insurance Products, ETFs, ETNs, and Closed-end Funds through SEC resources (EDGAR Mutual Fund Search, EDGAR Variable Insurance Product Search, FINRA Market Data).
The article emphasizes the importance of investor due diligence, including checking licenses, registration status, and researching investment opportunities through official channels like FINRA, SEC, and state regulatory bodies. It underscores that registration does not guarantee investment success or fraud immunity but provides critical information for informed decision-making.
Understanding these concepts involves familiarity with regulatory bodies such as FINRA, the SEC, and state securities regulators, as well as the tools available (e.g., FINRA BrokerCheck, SEC's EDGAR) for investigating investment professionals and securities.
This knowledge aids in comprehending the significance of licensing, registration, and the necessity for thorough research before engaging in any investment, thereby mitigating the risks associated with fraudulent schemes and unregistered investments.