Investment
firms that are members of the New York
Stock
Exchange (NYSE) are governed by many stringent
regulations
that may not apply to other investment
firms.
For
example, NYSE rule 405, the "know your
customer"
rule, requires registered representatives of
NYSE-member
firms to obtain pertinent facts about every
customer's
security holdings, financial condition and
investment
objectives. This information helps
identify
potential
investments that may or may not be compatible
with
the customer's needs.
If
an investor wishes to purchase a security that
the
investment representative believes is incompatible
with
the customer's stated objectives and risk
tolerance,
the investment representative is likely to
ask
the investor to read and acknowledge a "risk
letter"
prior to purchase.
Risk
letters give investors an opportunity to
seriously
consider their positions before making
investments. A risk letter is typically a standard
form
that the investment representative and client
complete
together. The form includes the amount
and
description
of the purchase and a brief statement
explaining
why the customer wants to buy the security.
If
the security is sold by prospectus only, the
investor
also must acknowledge in the risk letter that
he
or she has received the prospectus and has been
informed
of any fee, commission or surrender charge
that
may apply to the transaction.
The
risk letter also emphasizes potential risks,
such
as market fluctuation or over concentration in one
industry
or sector. If, after reading the letter,
the
investor
still wants to make the purchase, he or she
and
the investment representative sign the risk letter,
and
it becomes part of the investor's file.
Many
investors question the need to sign risk
letters
when they can make other investments without
question. Risk letters are required by most brokerages
whenever
a proposed investment is not consistent with
the
customer's stated objectives or with his or her
normal
investments.
Risk
letters are designed to ensure customers
understand
the risk of certain investments and are
willing
to accept that risk before an investment is
made.
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