Aurora, CO asked in Stockbroker Fraud, Securities Law and Internet Law for Colorado

Q: Can a registered stock broker start a non-monetized YouTube channel on commodities trading anonymously?

I am a registered stock broker with the SEC, working for a firm that regulates outside business activities (OBAs). I want to create a recreational, non-monetized YouTube channel focused on commodities trading for entertainment purposes. My firm doesn't offer the securities I'll discuss, and I won't share proprietary information. I haven't consulted with my firm's compliance department. I plan to wear a mask for anonymity. Are there any other ways or documents, beyond future potential tax statements, that might reveal my involvement with this channel? Are there any legal or compliance concerns I should consider?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Yes, you can start a non-monetized YouTube channel anonymously, but there are a few important things to think about. Even if the channel is for entertainment and doesn't bring in income, it might still be considered an Outside Business Activity (OBA) by your firm. Since you’re a registered stock broker, your firm likely requires disclosure and prior approval for any OBA, even if it’s unpaid or informal.

Your anonymity may protect your identity from the public, but it won’t necessarily shield you from internal or regulatory discovery. Voice patterns, language style, background visuals, or metadata in uploaded files could indirectly reveal your identity. If someone at your firm or a regulator suspects your involvement, they could investigate further, especially if the content relates to financial markets.

You also need to consider FINRA rules and SEC expectations. Even non-monetized content could be seen as providing investment-related communication. This could raise questions about registration, supervision, or misleading content—especially if viewers act on your opinions. It's safest to consult your compliance department before moving forward.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.