Many recent articles and opinion pieces looking at cryptocurrencies and initial coin offerings mention the need to pass the Howey Test to fall into the realm of securities. That’s fine as long as you know what the Howey Test is. One of our readers asked us to explain it.
NSSC Blog: Before You Invest
Following last week’s rundown on how to check registration, we received similar requests to show how to check the CSA’s Disciplined Person’s list.
To start you first need to go to the CSA website, which can be found at www.securities-administrators.ca. At the top of the page you’ll see six tabs. Hover over the “Enforcement” tab and click on “Disciplined List.” That will take you here:
At the Nova Scotia Securities Commission we talk about checking registration a lot. We write about it. We Tweet about it. We talk about in presentations over and over. Checking registration is one of the safe guards we promote to anyone looking for, or currently working with an adviser. Even though we repeatedly mention it in our content, one reader wanted to know exactly how to do it and how to read the results of a check registration search.
Earlier this week we received a call from a concerned investor who did not find her adviser when she went to check his registration. Was her adviser selling or advising on securities without being registered? The answer actually was no. The reason – he was selling segregated funds.
When you’re choosing your investment adviser it should not be as simple as picking the first name that comes up in a Google search. You shouldn’t necessarily go with the first adviser you meet with either. We’re not saying that first adviser won’t be the right one, but don’t automatically go with the first one without doing your due diligence.
According to the Canadian Securities Administrators (CSA) registrant misconduct is a violation of securities laws by a registered person or company. It can also include misconduct to fail to register or to fail to adhere to the conditions of a registration exemption.
So far our Fraudster Friday series have focused on some of the most famous fraudsters in history. You may not have known all the details behind the names Ponzi, Madoff and Bre-X, but most people have heard of them.