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Other things that stockbrokers shouldn’t
do
You should be aware that certain types of conduct in the securities
industry are prohibited, including the following:
- Recommending to a customer the purchase or sale of a security
that is unsuitable given the customer's age, financial situation,
investment objective, and investment experience. Investment
in a particular type of security may be unsuitable or the
amount or frequency of transactions may be excessive and
therefore unsuitable for a given customer.
- Purchasing or selling securities in a customer's account
without first contacting the customer and the customer did
not specifically authorize the sale or purchase, unless the
broker has received from the customer written discretionary
authority to effect transactions in the account or the broker
was given discretion as to price and time.
- Switching a customer from one mutual fund to another when
there is no legitimate investment purpose underlying the
switch.
- Misrepresenting or failing to disclose material facts concerning
an investment. Examples of information that may be considered
material and that should be accurately presented to customers
include: the risks of investing in a particular security;
the charges or fees involved; company financial information;
and technical or analytical information, such as bond ratings.
- Removing funds or securities from a customer's account
without the customer's prior authorization.
- Charging a customer excessive markups, markdowns, or commissions
on the purchase or sale of securities.
- Guaranteeing customers that they will not lose money on
a particular securities transaction, making specific price
predictions, or agreeing to share in any losses in the customer's
account.
- Private securities transactions between a broker and a
customer that may violate NASD rules, particularly where
such transactions are done without the knowledge and permission
of the sales representative's firm.
- Trading for a firm's account in preference to a customer
by trading ahead of a customer limit order, absent a valid
exception.
- Failure by a market maker to display a customer limit order
in its published quotes, absent a valid exception.
- Failing to use reasonable diligence to see that a customer's
order is executed at the best possible price, given prevailing
market conditions.
- Purchasing or selling a security while in possession of
material, non-public information regarding an issuer.
- Using any manipulative, deceptive, or other fraudulent
device or contrivance to effect any transaction in, or induce
the purchase or sale of, any security.
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