Performance Guarantees Prohibition
Chapters in this video
What this video covers
- Why the North American Securities Administrators Association (NASAA) prohibits agents and broker-dealers from guaranteeing a customer against loss, promising a specific rate of return, or representing that gains are certain
- How sharing in a customer's losses to cushion a bad investment is legally treated as a prohibited guarantee even when the word "guarantee" is never used
- Why the prohibition applies equally to oral statements, written contracts, emails, texts, and casual conversations with no medium-based loophole
- The critical distinction between an issuer's contractual obligation (permissible fact) and an agent's personal promise (prohibited guarantee)
- How to spot exam questions that bait you by describing a bond coupon or treasury backing as if it were a violation
- Why the source of the claim, not the wording alone, determines whether a statement crosses into prohibited territory
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