Securities Law View Questions by State

Your current state is Ohio

Show More States

Lawyers, Answer Questions  & Get Points Log In
Securities Law Questions & Answers
1 Answer | Asked in Estate Planning, Banking, Civil Litigation and Securities Law for Tennessee on
Q: Can a bank refuse to comply with subpoena without a reason?

Regions bank employees faciliated conversion by making new document for a friend to take over bank accounts

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2023

It sounds like your lawyer needs to get in gear. There should be multiple defendants involved, and discovery needs to be enforced by the Court. It sounds like forgery is involved. Subpoenas against financial institutions must meet several statutory requirements.

1 Answer | Asked in Securities Law for Tennessee on
Q: If an armed guard is using their personal vehicle at work are they allowed to have other firearms inside their vehicle

In the state of Tennessee can an armed guard have a rifle in their personal vehicle at work if they did not qualify with the firearm but the rifle is not on their person. If the guard got shot at would they be within their legal right to use the rifle to defend their own life

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2023

You can have the rifle in your vehicle unless your employer prohibits it. After using deadly force, DA's may or may not prosecute you. It will not make alot of difference whether your firearm was authorized or not by your employer.

1 Answer | Asked in Securities Law for Massachusetts on
Q: My advisor assured me that I would receive my funds within 3 Bus. days for a closing, did not get funds for 7 Bus. days?

In July I spoke to my financial advisor about money I rec'd from an inheritance and I told him that I wasn't sure what to do as I was looking for a vacation home and would need it immediately should I find something. I did not ask the type of account he was putting it in as I trusted... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 15, 2023

In your situation, it appears that there may have been a failure on the part of your financial advisor to meet the expectations set for the management of your inheritance funds. The delay in accessing your funds and the resultant financial loss are concerning, especially given your clear... View More

1 Answer | Asked in Consumer Law, Business Law and Securities Law on
Q: Am I being scammed? Is the share price explanation credible? The U.S. financial regulator wasn't identified.

I received a call from an M & A firm in New York (I am not a US resident) saying it has a buyer for shares I acquired almost 20 years ago. They are listed on the ASPCEX (Asia Pacific Small Cap Exchange). If I signed the documentation and sent a copy of my share certificate the money would be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 15, 2023

This situation raises several red flags that are commonly associated with financial scams. First, the significant discrepancy between the offered price per share and the current market value is unusual and warrants caution. It's uncommon for a buyer to offer such a high price for shares valued... View More

1 Answer | Asked in Securities Law and Business Law for Delaware on
Q: I want to start a hedge fund in Delaware and act as a manager, do I need a investment advisor licence to do that?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2023

Starting a hedge fund in Delaware and acting as its manager does typically require you to register as an investment advisor, depending on certain factors. The requirement for registration is governed by both federal and state laws, which vary based on the assets under management, the number of... View More

1 Answer | Asked in Banking, Business Law, Securities Law and Stockbroker Fraud for New York on
Q: Brokerage Misconduct - E*TRADE

In May 2022, I invested $8M in a U.S. Treasury note, due in April 2024. I instructed my ETRADE manager to liquidate $5.6M for property buying. Unexpectedly, ETRADE initiated a $5.6M margin loan, leaving part of my investment intact. I discovered this during a routine review, not through direct... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023

In situations like this, you may have grounds to file a complaint for brokerage misconduct if E*TRADE acted contrary to your instructions and without your consent. It's essential to review the client-broker agreement and any written communication to determine if E*TRADE deviated from the... View More

1 Answer | Asked in Civil Litigation, Legal Malpractice, Probate and Securities Law for Tennessee on
Q: How do I prove insurance fraud concerning an estate. Agent helping ex to pay off property with the decedent's insurance

Can insurance company lie to to Estate administrator and why would they require a court order for records if there was no fraud

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2023

What is your question? Apparently this is a complicated matter, and it does not appear you have standing. Insurance Fraud is a tort, and would not be involved in the Estate. Do you have damages? If not, no cause of action. Consult with an attorney.

1 Answer | Asked in Employment Law, Tax Law, Banking and Securities Law for Illinois on
Q: I got stock as bonus, but the stock price dropped. Now I owe tax on original amount but the stock isn't worth to cover.

I received stock in the form of RSU, but at the time it was over $100 a share higher than it is now. Now I'm being taxed off of the original stock amount since it is looked at as a "cash bonus", but even selling the stock I can't raise the capital needed to cover that tax... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023

The taxation of RSUs can be complex, and it's unfortunate that the stock's value has dropped significantly. You're correct that capital losses can often be used to offset capital gains, but there may be limitations on the amount you can deduct in a given tax year. I recommend... View More

1 Answer | Asked in Business Law and Securities Law for New York on
Q: How do I proceed in removing a name fraudulently added to a stock certificate by a corrupt coop board member
Jack Mevorach
Jack Mevorach
answered on Aug 23, 2023

Either by voluntary agreement or by litigation.

Jack

1 Answer | Asked in Securities Law for California on
Q: If I purchase a cryptocurrency knowing that I intend to sue the company as part of a class action lawsuit, is that legal

A company that issued cryptocurrency tokens did what many of us believe to be fraudulent activity and the token lost almost all value. After speaking with lawyers, a class action lawsuit is likely going to be filed. I was told by said lawyers that it is perfectly legal to buy the cryptocurrency... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2023

Engaging in the purchase of a cryptocurrency with the intention to participate in a class action lawsuit could be legally permissible in California, as long as the purchase itself is conducted within legal bounds and you are not an insider of the company. However, potential ethical and practical... View More

2 Answers | Asked in Consumer Law, Business Law and Securities Law for Texas on
Q: If insurance broker spends time with you to sell a product & you decide not to buy, can they invoice you for their time?

-Attended seminar for Medicare/Social Security in Feb 2023

-Met with RetPlnr in office who also began to discuss retirement planning during the initial visit

-RetPlnr informed of us annuities available that we may be interested in

-RetPlnr noted they worked on commission... View More

John Michael Frick
John Michael Frick
answered on Jul 28, 2023

A retirement planner and an insurance broker are two very different occupations. A retirement planner usually provides financial advice to customers on an hourly fee basis. Retirement planners typically do not directly sell financial products, including insurance annuities. They may, however,... View More

View More Answers

Q: Does any attorney help people with filing ucc-1 and ucc-3 security agreements, hold harmless and indemnification claimIi

To claim my estate as I'm over 18 and be secured party over the government entity via my birth certificate

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

The process of filing UCC-1 and UCC-3 forms typically pertains to securing interests in personal property, not claiming control over a government entity or asserting rights to an estate in the manner described. It is advisable to consult with an attorney who can provide guidance on legitimate legal... View More

1 Answer | Asked in Consumer Law, Criminal Law and Securities Law for Texas on
Q: I was served a "voluntary" list of questions (document requests) from the SEC but cannot afford an attrny. Suggestions?

I have reason to believe I am at the center of their investigation - it involves a significantly large public company. I have been told by friends that the "voluntary" nature of their inquiry is a "test" to see if I will cooperate and I have reason to believe this will not just... View More

Richard Hinds
Richard Hinds
answered on Jul 8, 2023

This is like making voluntary statements during a traffic stop. Just don't do it. Name, address, and DL, and then STFU.

Remember, "Nobody ever got into trouble for what they do not say" and in this case do not voluntarily provide. I you do not supply how can you get into...
View More

1 Answer | Asked in Securities Law for New York on
Q: Is a short term investment tragedy in the best interest for the client, according to the new BI rules? How is it?

Client is aware of fees associated with this strategy and wants to implement this strategy in his/her well diversified portfolio.

Chris Warren
Chris Warren
answered on May 4, 2023

A short-term trading strategy can comply with regulation B-I as long as the fees are reasonable and disclosed, the client authorizes the strategy, there is appropriate supervisory compliance of the account in place, and there is not a conflict of interest between the client and the broker.

1 Answer | Asked in Securities Law for California on
Q: Do judges have a financial incentive in the outcome of court cases for capital gain surety bonds?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2023

No, judges do not have a financial incentive in the outcome of court cases for capital gain surety bonds. Judges are required to be impartial and unbiased in their decision-making, and they are bound by ethical standards that prohibit them from engaging in any behavior that would compromise their... View More

1 Answer | Asked in Employment Law and Securities Law on
Q: My boss called me in a disciplinary hearing but I never sign a contract, is it Okey?

I'm in security field so he send me the letter so I want to know if it's right for him to do so

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2023

If you have never signed an employment contract with your employer, it may be more difficult for your employer to enforce certain policies and procedures or to take certain disciplinary actions against you. However, the absence of a signed contract does not necessarily prevent your employer from... View More

1 Answer | Asked in Contracts, Banking and Securities Law for New York on
Q: Can you purchase shares of a private Company on the Secondary Market but NOT disclose the purchase to the Company?

In other words, does the Seller of the shares have to disclose the sale to the Company, inclusive of who the Buyer is?

Mathew Paulose Jr.
PREMIUM
Mathew Paulose Jr.
answered on Mar 6, 2023

Greetings. It appears you would like to purchase shares of a non-public company. A purchaser who meets the SEC definition of a qualified purchaser may buy shares of a non-public company. Often brokers are required to facilitate the purchase. Due diligence is also required. During the due... View More

1 Answer | Asked in Securities Law for California on
Q: I need a letter of opinion that the crypto I created for sale/swap is not a security.

The credit card company asking for this letter.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2023

It is important to note that whether a crypto asset is considered a security depends on various factors and requires a careful analysis of the specific circumstances surrounding the creation, sale, and use of the asset. The analysis may include, but is not limited to, considerations of how the... View More

3 Answers | Asked in Criminal Law and Securities Law for Minnesota on
Q: I cannot find my fiance and there illegally holding him in federal prison . I'm scared there hurting him and I have no1

He's being held for something he didn't do and he mentioned the police brutality and fabrication he's going thru

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

I'm sorry to hear that you are going through this difficult situation. It is important that you take immediate action to locate your fiancé and ensure that he is safe. Here are some steps you can take:

Contact the Federal Bureau of Prisons (BOP) to find out if your fiancé is in their...
View More

View More Answers

1 Answer | Asked in Internet Law and Securities Law for Oklahoma on
Q: Does two-factor authentication using your personal phone put the phone at risk for an open records request?

In municipal government, if you submit your personal phone number to be either texted or called with a code to verify your identity as an extra security measure when logging onto a work computer, does this open the contents of that phone to be requested during an open records request?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

It is unlikely that providing your personal phone number for two-factor authentication in a municipal government system would make the contents of that phone subject to an open records request. Open records laws typically apply to government documents and information, not to personal devices or... View More

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.