Investment Law Center
Investment Law covers a wide range of federal and state statutes that protect investors through Asset Protection laws and regulates all forms of investments, such as Commodities, Private Equities, Securities, and Venture Capital. To consult legislation regarding Investment Companies visit our Investment Company Law page.
Know Your Rights!
Investment Law - US
- ABA - Special Investors and Investment Structure Group
The Special Investors and Investment Structure Group addresses specialized investments in real estate, including pension plan investments, insurance company investments and international investment in real estate. The Group also addresses specialized structures for investment and financing, including limited liability companies, partnerships, REITs, land trusts and real estate investment funds.
- Dodd-Frank Wall Street Reform and Consumer Protection Act
A bill to promote the financial stability of the United States by improving accountability and transparency in the financial system, to end "too big to fail", to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes.
- Investor Bill of Rights
In many important ways, an investor is not simply a consumer but a party to a legal contract. Both the offeror and purchaser of an investment have rights and responsibilities. This "Bill of Rights" is designed to assist you the investor in making an informed decision before committing your funds. It is not intended to be exhaustive in its descriptions. Should you desire further information about a particular type of investment, you are invited to contact the appropriate organization listed on the back of this brochure.
- Securities Exchange Act
In contrast to the Securities Act, the Exchange Act primarily regulates transactions of securities in the secondary market - that is, sales that take place after a security is initially offered by a company (the issuer). These transactions often take place between parties other than the issuer, such as trades that retail investors execute through brokerage firms. The Exchange Act operates somewhat differently from the Securities Act. To protect investors, Congress crafted a mandatory disclosure process that is designed to force companies to make public information that investors would find pertinent to making investment decision.
- Securities Investor Protection Corporation - General Rules and Regulations
The Securities Investor Protection Corporation either acts as trustee or works with an independent court-appointed trustee in a missing asset case to recover funds. The statute that created SIPC provides that customers of a failed brokerage firm receive all non-negotiable securities that are already registered in their names or in the process of being registered. All other so-called "street name" securities are distributed on a pro rata basis.
- United States Securities Act
Often referred to as the "truth in securities" law, the Securities Act of 1933 has two basic objectives: * require that investors receive financial and other significant information concerning securities being offered for public sale; and * prohibit deceit, misrepresentations, and other fraud in the sale of securities.
Various Types of Investments
- Bond Basics - Introduction
The first thing that comes to most people's minds when they think of investing is the stock market. After all, stocks are exciting. The swings in the market are scrutinized in the newspapers and even covered by local evening newscasts. Stories of investors gaining great wealth in the stock market are common. Bonds, on the other hand, don't have the same sex appeal. The lingo seems arcane and confusing to the average person. Plus, bonds are much more boring - especially during raging bull markets, when they seem to offer an insignificant return compared to stocks.
- Forex Trading Investments
Forex trading is the process of trading foreign currencies. Your money is used to make more money and the amount that you can make is dependent on various factors. In forex, or Foreign Exchange, you are investing in the currencies of countries. You can invest in the United States Dollar, the Euro or any other type of currency in the world. One of the many reasons this type of trading is so beneficial is because it is a global marketplace. If the Australian economy slips, there is likely to be another country and currency doing very well that you can profit from
- Introduction to Mutual Fund Investing
Investors have increasingly turned to mutual funds to meet their retirement and other financial goals. With so many options available, how do you choose the right one for you? Mutual funds offer the opportunity for a number of investors, who share a similar investment objective, to pool their money and have it invested and managed by professional investment managers.
- Investing in Stocks with Basic Knowledge of Economics
Stocks represent ownership in companies, and stock markets are the places where stocks are bought and sold. Those places may be made of bricks and mortar, like the New York Stock Exchange, or they may be computer networks, like the Nasdaq. In years past, when someone bought stock in a company, he would receive a physical certificate that proved how many shares he owned. These days, if you buy stock in a company, you don’t get a pretty piece of paper to prove it; you generally get electronic confirmation of the trade.
- Value-Style Investing
Value-style investing focuses on companies that have been ignored or overlooked by the markets. Both value- and growth-oriented investments can be important components of a diversified portfolio.
Common Types of Investment Fraud
- Ponzi Schemes – Frequently Asked Questions
A Ponzi scheme is an investment fraud that involves the payment of purported returns to existing investors from funds contributed by new investors. Ponzi scheme organizers often solicit new investors by promising to invest funds in opportunities claimed to generate high returns with little or no risk. In many Ponzi schemes, the fraudsters focus on attracting new money to make promised payments to earlier-stage investors and to use for personal expenses, instead of engaging in any legitimate investment activity.
- Prime Bank Guarantee Scams - High Return or “Risk-Free” Investments
They offer you extremely high yields in a relatively short period of time through access to "bank guarantees" which they say they can buy at a discount and sell shortly thereafter at an enormous premium. You are told that institutions like pension funds stand ready to buy "Prime Bank letters of credit" from large banks, with purchases of over $100 million affording the highest return, but because regulatory restrictions prevent the banks from selling directly to institutional investors a middle man is required to handle the transaction at a contractually prearranged profit.
- Pyramid Scheme Alert
In recent decades, pyramid schemes have become an insidious, pervasive and corrupting influence in the marketplace and community, causing financial and social harm on a global scale. Since 1980 a new form of sales and marketing, called multi-level marketing or network marketing, has spread worldwide and spawned an explosion of pyramid sales schemes involving tens of millions of consumers. The line between legal forms of network marketing and fraudulent pyramid programs is a point of controversy, confusion and inquiry in many countries. Pyramid Scheme Alert will provide much needed information to consumers and other interested parties to reduce the number of illegal and de facto pyramid schemes and victims-and to minimize the severity of effects on individuals and communities.
- SEC Center for Complaints and Enforcement Tips
You can file a complaint or provide us with tips on potential securities law violations though the links on this page. We welcome hearing from you because your information may alert us to broker or firm misconduct, an unfair practice in the securities industry that needs to be changed, or the latest fraud.
Organizations Related to Investment Law
- American Association of Individual Investors
From the beginning, AAII has answered the question, "Where can you go to get unbiased facts and effective knowledge about investing?" James Cloonan, Ph.D., founded AAII in 1978 because he firmly believed that individual investors armed with effective investment education materials and a bit of dedication could outperform the popular market averages. Over thirty years later, the 150,000 members of AAII report investment returns that are consistently higher than those of the stock market as a whole.
- Financial Industry Regulatory Authority (FINRA)
The Financial Industry Regulatory Authority (FINRA) is the largest independent regulator for all securities firms doing business in the United States. FINRA’s mission is to protect America’s investors by making sure the securities industry operates fairly and honestly. All told, FINRA oversees nearly 4,620 brokerage firms, about 165,920 branch offices and approximately 636,340 registered securities representatives.
- International Trade and Investment Law Society
WCL is rapidly becoming the United States’ premier international trade and investment law program. The International Trade and Investment Law Society (ITILS) aims to bring highly renowned practitioners and academics into the WCL environment to share knowledge and ideas and offer students unique and intellectually beneficial opportunities. Not only is ITILS one of the most successful and engaged student groups here at WCL, but its members have gone on to create waves in the trade community here in D.C. and abroad.
- National Futures Association (NFA)
National Futures Association (NFA) is the industrywide, self-regulatory organization for the U.S. futures industry. We strive every day to develop rules, programs and services that safeguard market integrity, protect investors and help our Members meet their regulatory responsibilities.
- Securities Investor Protection Corporation
The Securities Investor Protection Corporation either acts as trustee or works with an independent court-appointed trustee in a missing asset case to recover funds. The statute that created SIPC provides that customers of a failed brokerage firm receive all non-negotiable securities that are already registered in their names or in the process of being registered.
- Small Business Administration and Investment Division
The SBIC Program is one of many financial assistance programs available through the U.S. Small Business Administration. The structure of the program is unique in that SBICs are privately owned and managed investment funds, licensed and regulated by SBA, that use their own capital plus funds borrowed with an SBA guarantee to make equity and debt investments in qualifying small businesses.
- United States Securities and Exchange Commission (SEC)
The mission of the U.S. Securities and Exchange Commission is to protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation. As more and more first-time investors turn to the markets to help secure their futures, pay for homes, and send children to college, our investor protection mission is more compelling than ever.
Publications Related to Investment Law
- Investment Treaty News
Since 2001, ITN has offered news, analysis and opinions on international investment law and its implications for sustainable development. The service began as a list-serve where information and views were shared among members, before becoming an electronic newsletter produced by a small editorial team. In its present form, ITN combines these functions by serving as a Web-based platform for discussion and debate, as well as providing regular journalistic reporting on developments and trends in international investment law.
- Investor Guide
Launched in 1996, InvestorGuide.com is WebFinance Inc.'s flagship business. The site's mission is to empower individual investors to take control of their finances and investments through the Internet. InvestorGuide.com believes that every investor, regardless of experience, can benefit from a guide designed to help them sort through all of the investing information on the Internet. Sections that benefit everyone equally are those covering online brokers, stock information, and a comprehensive list of publicly traded companies.
Articles Related to Investment Law
- Proposed Residential VisaThe "Residential Visa" program will provide an opportunity for people worldwide to live in the United States by purchasing a half million dollars of Real Estate. Senators Charles Schumer and Mike Lee have recently proposed a program that would allow anyone in the world to obtain a United States visa by purchasing United States real estate.
- Private Placements 101Regulation D, Rule 506 Offerings - To offer and sell securities in the United States, an issuer must comply with the registration requirements of the Securities Act of 1933, as amended (the "Securities Act"), or must offer and sell the securities pursuant to an exemption from the registration statement requirements.
- Investor Relations 101Investor relations involve the dissemination of information regarding a publicly traded company to create awareness of the public company and its business and to increase its stock price. The person who provides the investor relations services is known as a “Stock Promoter”. Stock promoters have used illegal practices and are often the subject of enforcement actions by the Securities and Exchange Commission (the “Commission”) is the stock promoter.
- FINRA Rule 6490FINRA Rule, 6490, recently enacted in September 2010, requires issuers of equities and debt securities not listed on exchanges to provide timely notice to FINRA of certain corporate actions. These corporate actions include name changes, forward stock splits, reverse stock splits, distributions of cash or securities such as dividends, stock splits and other actions, and rights and subscription offerings.
- SEC Rules Affecting Shell CompaniesWhat is a Shell Company? Securities Act Rule 405 and Exchange Act Rule 12b-2 define a Shell Company as a company, other than an asset-backed issuer, with no or nominal operations; and either: • no or nominal assets; • assets consisting of cash and cash equivalents; or • assets consisting of any amount of cash and cash equivalents and nominal other assets. By: Brenda Lee Hamilton, Attorney Hamilton & Associates Law Group
- Form S-8 Registration RequirementsRegistration of securities on Form S-8 (“Form S-8”) is a short-form registration statement under the Securities Act of 1933, as amended (the “Securities Act”). By Brenda Lee Hamilton, P.A. Hamilton & Associates
- Chinese Investment in Latin AmericaIn September, 2011, a consortium of five Chinese companies invested 2 billion USD to acquire a minority stake in a Brazilian metal company...
- Three Reasons International Families Should Consider Qualified Domestic TrustsWhat kind of estate planning is advisable for individuals with a non US citizen spouse? In this article, San Francisco Bay Area attorney John C. Martin discusses three reasons why individuals with a non US citizen spouse should consider estate planning with QDOTs, and how to avoid several pitfalls.
- Business Enterprises with Foreign PartnersThis memorandum was prepared for a client who owns a US company and who was considering a joint venture in the State of Florida with a non-US individual. The venture entailed acquisition of US real property for the purpose of lease or resell. Because the legal and business concepts discussed are of general application, and because foreign investment in US real estate is of the moment, the key points of the memorandum are set forth herein for public benefit.
- Doing Business in AfghanistanA primer for those seeking to invest or conduct business in the nation of Afghanistan.
- All Banking and Finance Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Banking and Finance including: asset protection, capital markets, corporate finance, financial planning, financial services law, investment law, offshore accounts, private equity, project finance, public finance, securities, trade investment and venture capital.


