Advertising, Correspondence, and Social Media: Rapid Fire
Chapters in this video
- 0:00 The Administrator's discretionary filing power and three kryptonites
- 1:07 "Effective" never means approved, endorsed, or recommended
- 2:37 No performance guarantees and the profit-sharing staircase
- 4:17 Static versus interactive content in the digital gauntlet
- 5:14 Adoption, entanglement, and why informal channels are not exempt
- 6:57 Rapid-fire exam recap
What this video covers
- When the state Administrator (the state securities regulator) may require filing of sales literature, and the three exclusions that remove that power entirely
- Why "effective" is the only lawful word for registration status, and why "approved," "endorsed," or "recommended" constitutes an unlawful representation
- The absolute prohibition on guaranteeing a customer against loss, including verbal promises, and how this applies to both broker-dealers and agents
- The three-step staircase for an agent to legally share in customer profits or losses: written customer authorization, written firm authorization, and strict proportion to the agent's own contribution
- Why static content (homepage, bio, product description) is treated as the firm's own advertising subject to pre-review and filing, while interactive content triggers supervision analysis instead
- How adoption and entanglement make third-party posts the firm's legal responsibility, and why a plain hyperlink differs from a liked, shared, or commented-upon post
- Why no electronic channel is exempt from supervision and retention duties, including text messages, instant messages, and social media posts
Read the full lesson, free
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