What type of broker behaviour or conduct is prohibited?
The NASD sets out the following prohibited conduct:
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Unsuitable Investments
Recommending to a customer the purchase or sale of a security that is unsuitable
given the customer's age, financial situation, investment objective, and
investment experience.
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Investment in a particular type of security may be unsuitable or the amount
or frequency of transactions may be excessive and therefore unsuitable
for a given customer.
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Unauthorized Purchasing
Purchasing or selling securities in a customer's account without first
contacting the customer and the customer did not specifically authorize
the sale or purchase, unless the broker has received from the customer
written discretionary authority to effect transactions in the account or
the broker was given discretion as to price and time.
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Unnecessary Switching
Switching a customer from one mutual fund to another when there is
no legitimate investment purpose underlying the switch.
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Misrepresentation
Misrepresenting or failing to disclose material facts concerning an
investment. Examples of information that may be considered material and
that should be accurately presented to customers include: the risks of
investing in a particular security; the charges or fees involved; company
financial information; and technical or analytical information, such as
bond ratings.
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Unauthorized Removal of Funds or Securities
Removing funds or securities from a customer's account without the
customer's prior authorization.
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Excessive Commissions
Charging a customer excessive markups, markdowns, or commissions on
the purchase or sale of securities.
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Price Predictions and Recommendations of Guaranteed Profit
Guaranteeing customers that they will not lose money on a particular
securities transaction, making specific price predictions, or agreeing
to share in any losses in the customer's account.
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Private Broker and Customer Transactions
Private securities transactions between a broker and a customer which
may violate NASD rules, particularly where such transactions are done without
the knowledge and permission of the sales representative's firm.
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Front Trading
Trading for a firm's account in preference to a customer by trading
ahead of a customer limit order, absent a valid exception.
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Failure to Display Customer Limit Order
Failure by a market maker to display a customer limit order in its
published quotes, absent a valid exemption.
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Failure to Execute Order at Best Price
Failing to use reasonable diligence to see that a customer's order
is executed at the best possible price, given prevailing market conditions.
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Insider Trading
Purchasing or selling a security while in possession of material, non-public
information regarding an issuer.
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Fraudulent or Deceptive Practices
Using any manipulative, deceptive, or other fraudulent device or contrivance
to effect any transaction in, or induce the purchase or sale of, any security.
If you encounter any of this type of behaviour, follow the steps that
are outlined in our article entitled "Problem with your Broker? What to do."
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