Who is eligible to pursue a securities arbitration claim?
In New Hampshire, those who are eligible to pursue a securities arbitration claim are investors who suffered losses due to misconduct of a broker, financial advisor, or investment firm. This misconduct could include a “breach of fiduciary duty, unauthorized trading, unsuitable investment recommendations, negligence, misrepresentation, omission of material facts, or any other violation of securities laws or regulations”. Eligible claimants can include individuals, entities, and trusts. This could be the investor itself, or a representative of the investor such as an attorney, account manager, or other personal representative. If an investor chooses to use a representative, it is important that the individual has proper authorization to act on the investor’s behalf. In most cases, the investor must pursue a securities arbitration claim within two years of the misconduct or six years after the discovery of the misconduct. It is best to seek legal advice before beginning the process to ensure that you qualify for the claim. The process for filing a securities arbitration claim involves filing a claim with the Financial Industry Regulatory Authority (FINRA), an independent body that monitors and processes claims about broker misconduct and fraud. All investors may file a claim for free with FINRA, however, they may need to pay filing fees if they move on to pursue the case in court. Eligible claimants should take action as soon as possible, as filing the claim and gathering the necessary documents can often take some time and require a thorough investigation. New Hampshire has laws in place to help protect investors who have suffered losses due to broker misconduct, and those who qualify should make use of these protections.
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