Hopewell Junction, NY asked in Banking, Business Law and Business Formation for New York

Q: If I want to start a company that invests peoples money for them is there any qualifictions? Can I avoid legal liabilty.

2 Lawyer Answers

A: This is not my area of practice, but you await a response for a month. I recommend that you speak with professionals who work in the financial planning/advising/investment field. I believe there are licenses associated with securities, and there are various certifications out there held by financial planners, advisors, etc. Maybe if you posted under the category of "Securities Law," it's possible that attorneys who are knowledgeable in this area could offer more meaningful guidance. Good luck

James L. Arrasmith
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Answered

A: Starting a company that manages investments for others requires meeting specific qualifications. You’ll need to obtain the appropriate licenses and registrations, which vary depending on your location but often involve registering with financial regulatory authorities. Gaining a solid understanding of financial markets and investment strategies is essential, so relevant education or experience can be very beneficial.

Compliance with securities laws and regulations is crucial to operate legally. This includes adhering to reporting standards, maintaining transparent records, and acting in the best interests of your clients. It’s important to work with legal and financial advisors to ensure your business structure and practices meet all necessary legal requirements.

While you can take steps to reduce legal liability, such as implementing strong compliance programs and obtaining proper insurance, it’s difficult to eliminate it entirely. Clear agreements with clients and maintaining ethical business practices will also help protect your company from potential legal issues.

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