A security interest arises when, in exchange for a loan, a borrower agrees in a security agreement that the lender (the secured party) may take specified collateral owned by the borrower if he or she should...
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secured transactions
Secured Transaction Law: An Overview
securities
Securities Law: An Overview
Securities law exists because of unique informational needs of investors. Securities are not inherently valuable; their worth comes only from the claims they entitle their owner to make upon the assets and...
Securities Act of 1933
The Securities Act of 1933 was Congress's opening shot in the war on securities fraud. Congress primarily targeted the issuers of securities. Companies which issue securities (called issuers) seek to raise money to fund new projects or...
Securities Dispute Resolution
Dispute resolution methods, including mediation and arbitration, are non-judicial processes for settling disputes between two or more parties. In the securities industry, mediation and arbitration are very common. Formal litigation in court is rarely...
Securities Dispute Resolution: Deciding Whether to File an Arbitration Claim
Most retail investors must sign arbitration agreements when they open investment accounts with their brokers. Consequently, they are required to submit any disputes with their broker to arbitration. This page offers factors to consider for investors...
Securities Dispute Resolution: Deliberation, Awards, and Fees
After hearings are concluded, the arbitrator or panel of arbitrators retires to deliberate and issue a decision in the form of a written document called an “award.” The length of deliberations depends on a number of factors, including the number of...
Securities Dispute Resolution: Discovery
The discovery process is the phase in which both parties research and investigate the facts and events that gave rise to the claim. During the discovery phase, parties will have access to information that was inaccessible to them before. While the...
Securities Dispute Resolution: Enforcing Awards
When investors are granted awards in FINRA arbitration, they must be paid within thirty days unless the opposing party files a motion to vacate the award in a court. Because FINRA has authority to suspend brokerage firms or licensed brokers that do not...
Securities Dispute Resolution: Filing a Complaint
Once the decision is made to pursue arbitration, a claimant must prepare a Statement of Claim. This document must be filed with the Financial Industry Regulatory Authority (FINRA). The Statement of Claim sets forth the types of claims being made and...
Securities Dispute Resolution: Hearings
HEARINGS
Arbitration hearings are the equivalent of a courtroom trial, but less formal. During hearings, all the parties meet to hear the case and present supporting evidence. Usually, hearings begin with a brief statement by the panel, followed by...