New York Securities Law Questions & Answers

Q: Does a brokerage firm have a right to deny my application to open a cash brokerage account? (please provide references)

1 Answer | Asked in Securities Law for New York on
Answered on Jul 14, 2017
Ali Shahrestani, Esq.'s answer
For what reason? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...

Q: Does a broker have to - by law - submit a commission statement or similar invoice in order to receive their commission?

1 Answer | Asked in Real Estate Law, Business Law and Securities Law for New York on
Answered on Jun 12, 2017
Barry Eran Janay's answer
I am not aware of any law requiring a commission statement, however just about every closing I have handled, literally hundreds, the broker has almost always created a memorandum of sale at the outset which delineates the parties, price, and terms of the deal and then prior to closing the broker or broker's send an invoice to notify the buyer / seller's attorney how much is owed and how to make the check out. Considering the small amount of time and effort it takes to put together an invoice /...

Q: How long of a period before landlord are legal suppose to refund tenant security plus interest It has been 6 months.

1 Answer | Asked in Landlord - Tenant and Securities Law for New York on
Answered on Jun 5, 2017
Mitchell A. Nathanson's answer
You should have received the refund by now if there were no damages or arrears. I would suggest you send a demand notice to the Landlord and follow up with a small claims action, if necessary, assuming the deposit was $5,000 or less.

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Q: Why would a mall cop come to your car after you've been sitting parked in a lot for twenty minutes?

2 Answers | Asked in Criminal Law and Securities Law for New York on
Answered on Apr 23, 2017
Aubrey Claudius Galloway's answer
The only thing I can see from the above fact pattern is that, perhaps, you were trespassing… Although after just 15 minutes I would think of you as "an invitee" as opposed to a "trespasser."

Regardless, if either of the store or, in the unlikely event the town police brought a legal action against you, you have the most common and effective defense to trespassing… Namely, as you said above and thus would testify to, (I had to) make a phone call and...wanted to do so safely)."...

Q: if you are unaware if your passenger has Marijuana on them? could law enforcement investigate you're innocent?

1 Answer | Asked in Criminal Law and Securities Law for New York on
Answered on Nov 8, 2015
Robert Jason De Groot's answer
They do not investigate the innocence of certain defendants as much as we want. It depends upon the facts, and there are not enough here for us to comment much. The concept is called constructive possession, and everyone in the car can be charged, depending upon the facts.

Q: Is there any court case that a broker is sentenced for leaking client trading secret?

1 Answer | Asked in Securities Law for New York on
Answered on Aug 11, 2015
Adam Studnicki's answer
Not all cases result in published decisions.

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