NASAA: Promissory notes top investor complaints

State securities regulator group says investors also should beware real estate, Ponzi schemes.
DEC 13, 2017
Promissory notes are the most frequently identified source of investor complaints or investigations, cited by 74% of state securities regulators in a survey conducted by the North American Securities Administrators Association, which released the announcement on Wednesday. Securities regulators from 50 U.S. jurisdictions answered the survey, which was conducted in the spring and summer of 2017. "In today's ongoing environment of low interest rates, the lure of high-interest-bearing promissory notes continues to tempt investors, especially seniors and others living on a fixed income," said Joseph P. Borg, NASAA president and Alabama Securities Commission director. (More: Borg puts cybersecurity, unpaid arbitration claims on NASAA agenda.) NASAA said that legitimate promissory notes, used generally by companies to raise capital, are marketed and sold almost exclusively to sophisticated or corporate investors who can do the appropriate research on the issuer's creditworthiness. Promissory notes may require registration as securities with federal and state securities regulators. Mr. Borg said that average investors should be wary of promissory note offers with a duration of nine months or less, which in some cases do not require registration. Short-term notes that seem to be exempt from securities registration have been the source of most of the frauds involving promissory notes identified by regulators. According to NASAA's 2017 enforcement report, based on 2016 data, state securities regulators reported 138 formal enforcement actions involving promissory notes. (More: SEC charges adviser in Dawn Bennett fraud case.) Real estate investments and Ponzi or pyramid schemes were the second-most common source of complaints or investigations, flagged by 54% of state securities regulators. Oil and gas-related investments or interests were the third most common type of complaints or investigations, cited by 50% of regulators. Affinity fraud was noted by 28% of the regulators, and then variable annuity sales practices, cited by 26%. Separately, NASAA's Enforcement Section pointed out three emerging threats that investors should beware in 2018: initial coin offerings (ICOs), cryptocurrency contracts for difference (CFD), and identity theft to deplete investment accounts, particularly among senior investors.

Latest News

Maryland bars advisor over charging excessive fees to clients
Maryland bars advisor over charging excessive fees to clients

Blue Anchor Capital Management and Pickett also purchased “highly aggressive and volatile” securities, according to the order.

Wave of SEC appointments signals regulatory shift with implications for financial advisors
Wave of SEC appointments signals regulatory shift with implications for financial advisors

Reshuffle provides strong indication of where the regulator's priorities now lie.

US insurers want to take a larger slice of the retirement market through the RIA channel
US insurers want to take a larger slice of the retirement market through the RIA channel

Goldman Sachs Asset Management report reveals sharpened focus on annuities.

Why DA Davidson's wealth vice chairman still follows his dad's investment advice
Why DA Davidson's wealth vice chairman still follows his dad's investment advice

Ahead of Father's Day, InvestmentNews speaks with Andrew Crowell.

401(k) participants seek advice, but few turn to financial advisors
401(k) participants seek advice, but few turn to financial advisors

Cerulli research finds nearly two-thirds of active retirement plan participants are unadvised, opening a potential engagement opportunity.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today’s choppy market waters, says Myles Lambert, Brighthouse Financial.

SPONSORED Beyond the dashboard: Making wealth tech human

How intelliflo aims to solve advisors' top tech headaches—without sacrificing the personal touch clients crave