What are the legal requirements for issuing structured notes?

The legal requirements for issuing structured notes in New York depend on the type of structured note issued. For publicly issued structured notes, the issuer must register with the Financial Industry Regulatory Authority (FINRA). These notes must also comply with applicable securities laws, including the Securities Act of 1933, the Securities Exchange Act of 1934, and FINRA’s rules and regulations. For privately issued structured notes, the issuer must be registered with FINRA and must comply with applicable state and federal securities laws, such as the Investment Advisers Act of 1940 and the Investment Company Act of 1940. Additionally, the issuer must also file a prospectus with the United States Securities and Exchange Commission, as well as a Form D, when applicable. The issuer must provide detailed information about the structured notes in the prospectus, including the terms of the note, such as the principal amount, rate of return, maturity date, and any potential fees, commissions, or expenses associated with the investment. Additionally, the issuer must provide a detailed description of the potential risks associated with the structured note, as well as any potential benefits. Finally, the issuer must provide investors with audited financial statements that have been certified by a public accountant.

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What are the legal requirements for issuing structured notes?

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