People can sell books about investing without being a licensed financial planner. but if i am simply offering advice on a web site and sharing my findings with the public, can i become liable even if i am not taking any money from anyone?Do you need to be licensed to give someone investment advice?
No.Do you need to be licensed to give someone investment advice?
if that was the case mary kay and amway would be out of business.
Yes. I believe that you can become liable due to the fact that you personally provided such information. The book example that you gave comes with a disclaimer most likely somewhere in the book or from the publisher that the publisher is not held liable for any such actions that result in the interpretations given in the book.
Only if you get paid for it.
you cannot be held liable for anything you say on such a website in such a way. and there is *no* need to be licensed to give investment advice, we're talking about a free business here.
What is your website?
I don't think you are liable. If you are a licensed professional, then you need to be careful about what you say. You need to be licensed to sell stocks, bonds, or mutual funds. IF you're just giving advice... keep it up.
You can be held liable under certain circumstances. If you want to give general investment advice, like diversity, you would be just fine. If you recommend specific securities, then there are potential problems. I will list some of them.
1. If you recommend a stock you own, it could be said that you are building interest in te stock to increase its value so you can later sell it. (aka, pump and dump scheme)
2. You could have fraud issues. (look up the elements of fraud)
3. You could have defamation issues if you give reason why not to buy a stock.
4. You may have concern under state and federal investment adviser laws (i.e. the investment advisers act of 1940)
If you are not gonna benefit from the site (i.e. earn a profit), then do not bother, it is too risky.
You ay wish to look on seclaw.com; similar questions have been asked ontheir message boards and have been answered by real attorneys.
No, if the time comes in America or other parts of the world that a person would get into trouble for giving advise to another, then society as we know it will be ended....finished. The thought of having to get a degree or license to advise your children and people you meet about a situation they are in sends chills up and down my spine.
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