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Nifty Microcap 250 - India's Growing Small-Cap Index
Stay updated with the Nifty Microcap 250 index, a comprehensive benchmark for India's growing small-cap stocks. Get real-time updates, analysis, and performance insights for the top 250 microcap companies.
#Nifty Microcap 250#small-cap stocks#Indian stock market#stock index#microcap companies#real-time updates
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Discover the potential of micro cap stocks and why savvy investors are flocking to them. Learn how to capitalize on this growing trend today!
#micro cap stocks#micro cap companies#Nifty Microcap 250#Nifty Microcap 250 Index#micro-cap stocks#stock market analysis#investment plans
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DeepSeek Accelerated America’s AI “Manhattan Project”
Earlier this week I flew from my home in Florida to attend The Microcap Conference in Atlantic City, which I’m returning from today. As I boarded the flight, I was thinking about Monday’s $1 trillion market meltdown and how the big AI companies weren’t the only ones who were hit hard by the news that China had developed a more efficient AI. In a single day, energy companies lost over $40 billion…
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Health In Tech, Inc. Announced Participation in Microcap Conference 2025 By Investing.com
STUART, FL / ACCESS Newswire / January 20, 2025 / Health In Tech, Inc. (the “Company”) (Nasdaq:HIT), an Insurtech platform company powered by third-party AI technology, is pleased to announce its participation Microcap 2025 conferencethe leading event for growth-focused companies and investors. The conference will be held January 28-30, 2025, at the Borgata Hotel Spa & Casino (EPA:) in Atlantic…
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LITERARY CHARACTERS' ADS
- ending september 302004
- closed september 22003
- from fridays's close
- stocks today's company
- announces today final
- you today to
- q 8/16/04 look
- announced today details
- transposition dec she
- closed december 31
- ended june 302004
- economy today that
- release 7/27/04 recent
- continue ago somewhere
- wire aug. 272004
- year ago period
- announced today that
- of today that
- wire aug. 42004
- wire aug. 122004
- th dec. 2003
- of today's
- closed february 17
- batavia feb. 18178111
- j. aug 242004
- on wednesday microcap
- closed january 302004
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Prospect Capital Corporation
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Prospect Capital recent news Prospect Capital Corporation (NASDAQ:PSEC) A stock with a very good monthly dividend. Prospect Capital Corporation is a leading publicly-traded Business Development Company (“BDC”). We make debt and equity investments in U.S. middle market businesses across a range of industries, and seek to deliver steady, attractive returns to our shareholders. N.B. I wrote this article in 2017, but in these days I updated it. Find out more at Yahoo Finance or at the Prospect Capital Corporation official website. Thanks. Profile Prospect Capital Corporation is a business development company. It specializes in middle market, mature, mezzanine finance, later stage, emerging growth, leveraged buyouts, refinancing, acquisitions, recapitalizations, turnaround, growth capital, development, capital expenditures and subordinated debt tranches of collateralized loan obligations, cash flow term loans, market place lending and bridge transactions. It also makes real estate investments particularly in multi-family residential real estate asset class. The fund makes secured debt, senior debt, senior and secured term loans, unitranche debt, first-lien and second lien, private debt, private equity, mezzanine debt, and equity investments in private and microcap public businesses. It focuses on both primary origination and secondary loans/portfolios and invests in situations like debt financings for private equity sponsors, acquisitions, dividend recapitalizations, growth financings, bridge loans, cash flow term loans, real estate financings/investments. It also focuses on investing in small-sized and medium-sized private companies rather than large public companies. The fund typically invests across all industry sectors, with a particular expertise in the energy and industrial sectors. It invests in aerospace and defense, chemicals, conglomerate services, consumer services, ecological, electronics, financial services, machinery, manufacturing, media, pharmaceuticals, retail, software, specialty minerals, textiles and leather, transportation, oil and gas production, coal production, materials, industrials, consumer discretionary, information technology, utilities, pipeline, storage, power generation and distribution, renewable and clean energy, oilfield services, healthcare, food and beverage, education, business services, and other select sectors. It prefers to invest in the United States and Canada. The fund seeks to invest between $10 million to $500 million per transaction in companies with EBITDA between $5 million and $150 million, sales value between $25 million and $500 million, and enterprise value between $5 million and $1000 million. It fund also co-invests for larger deals. The fund seeks control acquisitions by providing multiple levels of the capital structure. The fund focuses on sole, agented, club, or syndicated deals. http://www.prospectstreet.com/ PSEC Chart by TradingView Why Invest in Prospect? Prospect Capital Corporation is among the oldest and largest BDCs. Throughout our 20 years as a public company, we have provided consistent returns to our shareholders through our disciplined approach to investing in the U.S. middle market. Attractive Dividend Yield PSEC is a yield-oriented investor and has paid a continuous, regular dividend to its investors since inception. We have declared dividends to common shareholders totaling $4.3 billion, since our 2004 IPO1. We have also declared 86 consecutive $0.06 per share dividends to common shareholders. Focus on Senior and Secured Lending PSEC is focused on providing senior and secured term loans to U.S. middle market businesses. Of our total investments, 81% are in the form of loans secured by a first lien or other secured debt2. For the quarter ended on June 30, 2024, 89% of our total investment income was interest income on loans. Proven Origination Strategies Our team has developed a broad and deep network of U.S. middle market relationships over many years of investing, including extensive relationships with private equity firms, other capital providers, business owners and managers, and intermediaries. Dividend Reinvestment Plan We encourage any shareholder interested in participating in our dividend reinvestment plan (also known as a “DRIP” or “DRP”) to contact his or her broker to make sure such DRIP participation election has been made for the benefit of such shareholder. In making such DRIP election, be sure to specify to your broker the desire to participate in the "Prospect Capital Corporation DRIP plan through DTC" that issues shares based on 95% of the market price (a 5% discount to the market price), and not the broker's own "synthetic DRIP” plan with 0% discount. Broad Investment Portfolio Since its 2004 IPO, PSEC has made over 400 investments totaling 20.9 billion of capital with 117 current portfolio companies spanning 35 separate industries. Large and Experienced Team We cover the U.S. middle market with a team of over 120 professionals with experience investing across a range of industries and through multiple economic and investing cycles, with offices in New York, Florida, and Connecticut. Our investment professionals are supported by a dedicated team of attorneys, accountants, and other specialists. Conservative, Strong Capitalization With $7.9 billion of assets, PSEC is among the largest of the BDCs. We benefit from a strong balance sheet with long-term matched-book funding, reasonable leverage, and a high level of unencumbered assets. As affirmation of our financial profile, we have investment grade ratings from S&P, Moody’s, Kroll, DBRS, and Egan-Jones. Management and affiliates of Prospect own 26% of outstanding PSEC shares as of June 30, 2024, so we are very much aligned with our shareholders. Direct Stock Purchase Plan Prospect Capital Corporation offers the opportunity to directly purchase its stock through a Direct Stock Purchase Plan administered by Equiniti Trust Company, LLC.
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Psec financial summary Prospect Capital Corporation Upsizes Preferred Stock Offering to $2.25 Billion 10/21/2024 NEW YORK, Oct. 21, 2024 (GLOBE NEWSWIRE) -- Prospect Capital Corporation (NASDAQ: PSEC) (“Prospect”, “our”, or “we”) announced today an upsize to Prospect’s preferred stock offering (the “Preferred Stock” or the “Offering”) with Preferred Capital Securities (”PCS”). The Offering has seen strong demand from the private wealth, institutional, and Registered Investment Advisor channels, with $1.8 billion in aggregate liquidation preference issuances since the initial closing in the quarter ending December 31, 2020. “Prospect’s non-traded preferred stock offers investors recurring cash income with a stable stated value, ongoing liquidity, management alignment, leverage caps, and over $3.7 billion of junior common equity credit support," said Grier Eliasek, President of Prospect. “Prospect is the number one market share issuer of non-traded preferred stock in 2023 and 2024 year-to-date, with each of institutional, registered investment advisor, wirehouse, independent private wealth, and international investor channels having invested in Prospect’s preferred stock. With interest rates declining, we believe our A4/M4 preferred stock series, with a current 7.28% annualized floating rate dividend structure and 6.50% dividend rate floor, offers an attractive option for income-oriented investors.” PCS is a securities broker dealer and the dealer manager for the ongoing offering of the Series A4 and M4 Preferred Stock. PCS has raised $5.0 billion of capital since its formation in 2011. This press release is for informational purposes and is not an offer to purchase or sell or a solicitation of an offer to buy these securities, nor shall there be any sale of these securities in any state or jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of such state or jurisdiction. The ongoing offering of the Series A4 and M4 Preferred Stock is being made only by means of the prospectus supplement and the accompanying prospectus, copies of which may be obtained by writing to PCS at 3290 Northside Parkway NW, Suite 800, Atlanta, GA 30327. Investors are advised to carefully consider the investment objective, risks, charges and expenses of Prospect and the Preferred Stock before investment. The prospectus supplement and accompanying prospectus contain this and other important information about Prospect and the Preferred Stock and should be read carefully before investing.
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Psec common stocks dividends Disclaimer: The views, opinions, and information expressed in this article are those of the authors and do not necessarily reflect the official policy or position of any company stakeholders, financial professionals, or analysts. Examples of analysis performed within this article are only examples. They should not be utilized to make stock portfolio or financial decisions as they are based only on limited and open source information. Assumptions made within the analysis are not reflective of the position of any analysts or financial professionals. Top Master Trading Links and Resources Trading and finance news Market, financial, business news Money, wealth, investments news Economics and Liberty Financial Safety Rules Trading or investing Traders Insight Campus Trader’s Academy Campus InteractiveBrokers.com Trading tips and advice 1 Top stocks gainer today Stocks and Bonds to watch Technical analysis history Stocks analysis dictionary Best trading practices Technical approach to trading Trading lovers Rolex best watch investment 50 great quotes about trading Prediction and trading Paul King trading rules On Investing story Golden rules of trading 20 golden rules of trading Penny stocks trading Jesse Livermore trading lessons Jesse Livermore trading rules The true words of Jesse Livermore The wisdom of Jesse Livermore 50 Famous Quotes by Jesse Livermore Visual Capitalist Data Trading versus gambling Great trading advice Golden trading rules Salva Read the full article
#company#Corporation#debt#dividend#earnings#equity#financial#good#investment#monthly#Nasdaq#private#ProspectCapital#PSEC#services#share
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How to Identify Promising Small-Cap Stocks to Buy: Tips from Market Experts
Investing in small-cap stocks can be an attractive option for those looking to maximize returns. Small-caps, defined as companies with a market cap of $300 million to $2 billion, tend to have higher growth prospects compared to their larger counterparts but the potential for higher returns comes with risk and volatility it goes upwards. To successfully navigate this scenario, it’s important to follow expert advice on how to identify promising small coins to buy.
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1. Understand the small-cap stock landscape
Before diving into the specifics, it’s important to understand the unique characteristics of small-cap stocks. These companies are often in the early stages of growth and deliver great growth but also face significant market and financial risks. Understanding the broader market environment and industry dynamics in which these subgroups operate is key. For example, emerging industries such as renewable energy or technology can provide fertile ground for high-growth microfinance opportunities.
2. Evaluate Financial Health
When searching for microcap stocks to buy, a thorough evaluation of financial health is paramount. Key financial metrics provide insights into a company’s stability and growth potential:
· Revenue Growth: Look for smaller amounts with steadily increasing income. This means that the company is expanding and gaining market share successfully. Good earnings growth is a good sign that business is improving.
· Profitability: Look at the profitability of the company. A high or improving profit margin indicates that the company is managing its costs effectively and could be on track for higher profitability.
· Balance Sheet Strength: Analyze a company’s balance sheet, focusing on its debt-to-equity ratio. Companies with manageable levels of debt and strong balance sheets are better positioned to weather a recession and invest in growth.
3. Assess Management Quality
The quality of a company’s management team is a critical factor when evaluating small-cap stocks to buy. Strong leadership can significantly influence a company’s success:
· Experience and References: Examine the background and accomplishments of the company’s executive and board members. Experienced leaders with a history of success in similar projects or previous startups can be good indicators of future performance.
· Strategic vision: Determine the management team’s strategic vision and executive power. Effective leaders must have a clear plan for growth, be able to adapt to market changes, and drive innovation within the company.
4. Analyze Industry and Market Position
Understanding where the company stands within its industry is essential for identifying promising small-cap stocks. Consider these factors:
· Competitive Advantage: Look for companies that have a competitive foundation, such as unique technology, a strong brand, or a proprietary business model. A competitive advantage can help a company maintain its market share and grow.
· Market Trends: Identify industry trends and the company’s position on them. Small-cap stocks in fast-growing or emerging industries such as biotechnology or green technology can generate significant growth compared to more established industries.
5. Conduct Valuation Analysis
Valuing small-cap stocks correctly is crucial for determining their investment potential. Use the following metrics to assess whether a stock is reasonably priced:
· Price-to-Earnings (P/E) Ratio: The P/E ratio compares the price of a stock to its earnings per share. A low P/E ratio may indicate that a stock is undervalued relative to earnings, although comparisons with industry peers are important for context
· Price-to-Sales (P/S) Ratio: The P/S ratio measures stock price compared to earnings per share. This is particularly useful for smaller banks that may not yet be profitable but are showing strong earnings growth.
· Price-to-Book (P/B) Ratio: The P/B ratio compares the price of a stock to its book value per share. A low P/B ratio may indicate that the stock is undervalued relative to assets.
6. Monitor Insider Activity
Insider activity can provide valuable clues about a company’s prospects. Consider the following:
· Insider purchases: Large amounts of stock purchases by executives or board members can signal confidence in the future performance of the company. Internal purchases generally reflect positive internal expectations.
· Insider sales: Beware if there are a lot of insider sales, especially without a clear description. While a sale is common, larger or more frequent sales raise concerns about the future of the company.
7. Consider Market Sentiment and Story
Market sentiment and recent news can have a significant impact on small caps. Stay informed about:
· News and Events: Follow the latest news about the company, including financial reports, announcements, and associations. Positive developments can boost stock prices, while negative news can create opportunities if the issues are temporary.
· Analyst ratings: Keep a close eye on analyst ratings and recommendations. While not foolproof, analyst opinions can provide fresh perspective and insight into a stock’s potential.
Conclusion
Identifying promising small cap stocks to buy requires a combination of investment analysis, industry analysis and market knowledge. By evaluating key financial metrics, measuring management quality, analyzing industry conditions, and staying abreast of market trends, investors can identify high-growth albeit risky small-cap funds smaller in the more the Ability to analyze and spend money can increase Always remember to do thorough research and assess your risk tolerance before making an investment decision.
#best stock to buy now#stock market investing#stock market advisory services#financial advisor#top sebi registered research analyst#investment advisory services
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Critical Metals Corp. Joins Russell 2000®, Russell 3000® and Russell Microcap® Indexes
NEW YORK, June 28, 2024 (GLOBE NEWSWIRE) — Critical Metals Corp. (Nasdaq: CRML) (“Critical Metals Corp”), a leading mining development company focused on critical metals and minerals and producing strategic products essential to electrification and next generation technologies for Europe and its western world partners, today announced that it has been selected for inclusion in the Russell 2000®…
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Affordable Robotic & Automation: The Microcap Robotics Company Turning Into a Profit Powerhouse
When you hear the word “robot” or “robotics,” what’s the first thing that comes to mind? For many, it’s the iconic movie Robot starring Rajinikanth. One important takeaway from it was the potential impact of robots on human lives. The movie depicted a future in which robots could replace humans, and given the rapid advancements in robotics and AI, it’s hard to deny that this fiction could one…
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Top EV Battery Stocks to Watch in 2024
The electric vehicle (EV) market is booming, and EV battery stocks are a critical component of this growth. Companies like Tesla, Panasonic, and LG Chem are at the forefront, innovating with cutting-edge battery technologies. Investors should keep an eye on these companies as they continue to drive advancements in EV performance and range. Additionally, emerging players like QuantumScape and Solid Power are worth monitoring for their potential breakthroughs in solid-state battery technology. Staying informed about these stocks can position investors to capitalize on the EV market's rapid expansion.
Prism MarketView is an exceptional financial news and community platform that offers top-notch coverage of worldwide markets and publicly traded companies. Our platform strongly focuses on the microcap universe and presents tailor-made emerging indexes that cater to microcap firms in growing industries. These industries encompass biotech, emerging EVs, healthcare, medical devices, pharmaceuticals, oil and gas, new energy, public health, next-generation technology, and even zombies! For more information, visit us!
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CPS Technologies Corporation Maintains Optimism Despite Revenue Decrease in First Quarter of 2024 $CPSH #spx #Nasdaq
Expanding Opportunities: CPS Technologies Secures Licensing Agreement for Fiber-Reinforced Aluminum CompositesDespite facing a loss in the fiscal first quarter of 2024, CPS Technologies Corporation (NASDAQ:CPSH) remains optimistic about its future prospects. The company recently announced its participation in the Sidoti Microcap Virtual Conference, where management will provide a general presentation and one-on-one calls with institutional investors. This demonstrates CPS Technologies' commitment to transparency and engageme
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Penny Stocks, Microcaps, and OTC Stocks Explained
Penny Stocks Demystified
Penny stocks, often referred to as microcap stocks, are shares of small companies with a low market capitalization, typically trading below $5 per share. They are known for their high volatility and the potential for substantial returns. But the key is to understand that high reward often comes with high risk. Let's look at the pros and cons of penny stocks.
Pros of Penny Stocks
Affordability: Penny stocks are cheap, making them accessible to even the smallest investors.
High Growth Potential: These stocks have the potential for significant price appreciation.
Diversification: They offer diversification opportunities for your portfolio.
Cons of Penny Stocks
High Risk: The volatility can lead to significant losses.
Lack of Information: Due to the small size of these companies, information can be limited.
Market Manipulation: Penny stocks are susceptible to market manipulation schemes.
Microcaps: The Hidden Gems
Microcaps are another subset of small-cap stocks but are more established than traditional penny stocks. They typically have a market capitalization between $50 million and $300 million. Investing in microcap stocks can provide a unique set of advantages and disadvantages.
Advantages of Microcaps
Growth Potential: Microcaps can experience substantial growth, similar to penny stocks.
Market Presence: These companies often have established products or services.
Less Manipulation: They are less susceptible to market manipulation due to more extensive public information.
Disadvantages of Microcaps
Volatility: They can still be volatile, albeit less so than penny stocks.
Limited Analyst Coverage: Microcaps may not be widely followed by financial analysts.
Liquidity Concerns: Trading volumes can be lower, affecting liquidity.
OTC Stocks Unveiled
Over-the-Counter (OTC) stocks are those that do not trade on formal stock exchanges like the NYSE or NASDAQ. Instead, they are traded through dealer networks. OTC stocks come in various tiers, each with distinct characteristics.
OTC Pink Sheet Stocks
These are the riskiest OTC stocks with minimal regulatory requirements.
Information on these stocks can be scarce.
OTC QB and QX Stocks
These are a step above Pink Sheet stocks in terms of regulations.
They offer more transparency and financial reporting.
Advantages of OTC Stocks
Diverse Opportunities: OTC markets offer diverse investment opportunities.
Low Entry Barriers: OTC stocks are accessible to retail investors.
Potential for Early Entry: You might discover the next big thing before it hits major exchanges.
Disadvantages of OTC Stocks
Risk of Fraud: Due diligence is crucial to avoid fraudulent companies.
Limited Information: Finding reliable information can be challenging.
Conclusion
In this comprehensive article, we've explored the exciting realm of Penny Stocks, Microcaps, and OTC Stocks. These small-cap investments offer both opportunities and challenges, making them a unique choice for investors. Remember, knowledge is your best friend when navigating these markets. Do your research, stay informed, and consider consulting a financial advisor to make well-informed investment decisions. The world of small-cap stocks is yours to explore.
Frequently Asked Questions
What are the key differences between microcap and penny stocks?
Penny stocks typically have a lower market capitalization and price per share compared to microcaps. Microcaps are often more established and have higher market values.
How can I reduce the risks associated with penny stocks?
To reduce risks with penny stocks, conduct thorough research, diversify your investments, and be cautious of pump-and-dump schemes.
Are OTC stocks suitable for long-term investments?
While some OTC stocks can be suitable for long-term investments, they are often more associated with speculative trading due to their volatility.
How can I find reliable information about OTC stocks?
Look for credible financial news sources, consult regulatory filings, and consider seeking advice from financial professionals.
What is market manipulation, and how does it affect penny stocks?
Market manipulation involves artificially inflating or deflating the price of a stock. Penny stocks are vulnerable to manipulation, impacting their prices and trading volumes.
Is it advisable to invest in OTC Pink Sheet stocks?
Investing in OTC Pink Sheet stocks is highly speculative and risky. It's essential to perform extensive due diligence before considering such investments.
Related Topics
6 Signs a Penny Stock Is Worth Millions
Potential Opportunities: Evaluating Penny Stocks for Investment
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[ad_1] The SEC will zero in on funding advisors’ compliance with the advertising and marketing rule, their compensation preparations and their suggestions of illiquid or difficult-to-value belongings in its examinations in 2024. The Securities and Trade Fee additionally will place “specific examination focus” on how advisors defend purchasers’ private info and the accuracy and completeness of their regulatory filings, corresponding to Type CRS, based on the 2024 examination priorities the company launched Monday. The advertising and marketing rule, which went into drive final November, overhauls how advisors can promote their practices, permitting them for the primary time to use client testimonials and reviews and updating guidelines to mirror social media advertising and marketing. The SEC stated it could be how advisors undertake and implement insurance policies and procedures to adjust to the advertising and marketing rule, whether or not they appropriately disclose advertising and marketing info on Type ADV and whether or not they can substantiate claims made of their advertisements. “Advertising observe critiques will even assess whether or not disseminated commercials embrace any unfaithful statements of a cloth reality, are materially deceptive, or are in any other case misleading and, as relevant, adjust to the necessities for efficiency (together with hypothetical and predecessor efficiency), third-party rankings, and testimonials and endorsements,” the SEC states within the examination priorities. On compensation, the SEC will assess “different ways in which advisers attempt to maximize income, corresponding to income earned on purchasers’ financial institution deposit sweep applications; and price breakpoint calculation processes, significantly when price billing methods are usually not automated,” the priorities state. In relation to valuation assessments, the SEC is worried about “suggestions to purchasers to put money into illiquid or tough to worth belongings, corresponding to industrial actual property or personal placements.” The SEC will place an emphasis on complicated products and novel investment strategies when figuring out whether or not funding advisors and brokers are adhering to their requirements of conduct — fiduciary responsibility and Regulation Finest Curiosity, respectively. The SEC will probe suggestions of “derivatives and leveraged exchange-traded funds, excessive value and illiquid merchandise, corresponding to variable annuities and non-traded actual property funding trusts, and unconventional methods, together with those who purport to handle rising rates of interest,” the priorities state. “Examination focus could also be emphasised for funding recommendation offered to sure forms of purchasers, corresponding to older traders and people saving for retirement.” The wording for brokers was related but in addition included proprietary merchandise and microcap securities and a point out of traders saving for faculty. For advisors, the SEC additionally will probe “financial incentives” they could must advocate sure merchandise, corresponding to “income sharing, markups, or different incentivizing income preparations,” the priorities stated. The SEC will evaluation whether or not the disclosures advisors make to traders “embrace all materials details regarding conflicts of curiosity related to the funding recommendation adequate to permit a shopper to offer knowledgeable consent to the battle.” The company will probe brokers’ disclosures about conflicts of curiosity, their battle mitigation practices and their processes for “reviewing fairly out there alternate options.” Whether or not it’s of their suggestions of advanced merchandise and techniques, how they market their practices or whether or not they act of their purchasers’ greatest pursuits, the SEC desires advisors to be extra forthcoming. “What they’re seeing is a necessity for elevated disclosures and transparency
to the traders,” stated Bernadette Murphy, managing director at Vigilant, a compliance consulting agency. The SEC additionally put a specific emphasis on personal fund advisors, saying it could give attention to their calculation and allocation of charges and bills, well timed completion of audits and numerous disclosures, amongst different areas. “The SEC has all the time centered on charges and bills,” Murphy stated. “They’re going even deeper right here.” Right here’s what plan sponsors must find out about bonds now that charges have surged [ad_2]
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John Reed Stark, a regulatory compliance expert in the digital space with a 15-year tenure as an SEC enforcement attorney, took to social media platform X (formerly known as Twitter) on 6 October 2023 to share his insights on Judge Torres’ recent order concerning the SEC and XRP. Stark emphasized that the judge’s decision to deny the SEC an interlocutory appeal also stated that her previous summary judgement should not be considered as setting a legal precedent, unless the facts of a new case are identical. Stark pointed out that although this might seem like a minor win for the XRP team, it could ultimately be a hollow victory. He believes that the SEC is likely to appeal the decision post-trial and stands a good chance of winning. Stark noted that Judge Torres has explicitly stated that her decision is not to be considered a precedent for other cases in the cryptocurrency sector. Stark also commended John Deaton and the XRP team for challenging the SEC’s unilateral law-making practices. He expressed his frustration with attorneys who cycle between law firms and the SEC, suggesting that such lawyers are unlikely to challenge the status quo due to potential conflicts of interest. Stark praised Deaton’s team for highlighting the SEC’s underappreciated efforts in tackling less-publicized but crucial cases like microcap fraud and penny stock fraud. However, Stark was unequivocal in stating that Judge Torres’ decision on Ripple should not be cited as a precedent on whether tokens are securities. He cited the judge’s explicit remarks that her findings were based on the unique facts and circumstances of the Ripple case. In the order that denied the SEC’s request for interlocutory appeal, Judge Torres dismissed the SEC’s contention that the questions raised in the case are ‘crucial’ legal matters with far-reaching implications for numerous other cases. She clarified that her conclusions are based on applying the Howey test to the specific facts and circumstances unique to this case involving Ripple. Judge Torres went on to say that the SEC’s references to other enforcement actions, which involve different digital assets and companies, are not directly comparable due to varying facts and economic conditions. She also corrected the SEC’s interpretation of her rulings, stating that her order should not be seen as setting a precedent for other digital asset cases. Specifically, the SEC had sought to question whether an issuer’s activities on cryptocurrency trading platforms could create a reasonable expectation of profits for investors. Judge Torres clarified that her ruling was not a blanket statement on this issue but was based on the complete set of facts and economic realities surrounding Ripple’s Programmatic Sales. Stark warned that any lawyer who cites this decision as a general guideline on token regulation risks ethical repercussions for violating their duty of candor. This is because Judge Torres has clearly indicated that her decision has no precedential value, except in very specific circumstances where the facts are identical. Stark concluded by cautioning that citing Judge Torres’ decision in a broader context would be an ethical violation, as the judge has clearly stated that her decision should not be considered as having universal applicability. Featured Image via Pixabay
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