Questions tagged [finance]

Questions involving fungible assets -- especially securities and loans (mortgages, debts, etc.).

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Trying to find a payday loan scam contract

I read about one of the largest payday loan scammers in the United States of America being caught and eventually found guilty. The case was interesting because the company tried to avoid state law by ...
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I have trading restriction on my company stock. Can I trade correlated ones?

I work for a company that is listed on the Nasdaq. Each quarter, employees have trading restrictions six weeks before the company results are released and two days after the release to avoid insider ...
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Corporate China - evicting onshore management via reproduced chops

Another weird and wonderful story out of corporate China has captured my attention. Relevant excerpt: It’s a situation that’s difficult to picture in much of the capitalist world, with its emphasis ...
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What are the consequences of being party to a OFAC prohibited transaction?

The US Treasury has sanctioned Tornado Cash which is a tool for mixing Cryptocurrency. Since the sanctions don't actually stop this tool from working someone has used it to send small amounts of funds ...
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4 votes
1 answer
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Does it actually do anything legally to state "this is not financial advice" after giving financial advice?

When people talk about investing online they often say "this is not financial advice" after giving financial advice. Sometimes they use it as a twitter bio in an attempt to immunize ...
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Can an Australian bank legally issue bank accounts and Visa cards without obtaining proof of identity from the person requesting the account?

This is the first time I have posted to StackExchange so please excuse me if my question is out of scope, is in the wrong place or goes into too much back story. Any assistance would be greatly ...
2 votes
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Corporate reorganization - subsidiary rejoins parent?

I'm looking for a term to describe when a previously structurally segregated entity is brought back under the parent. I suppose merge isn't wrong here but I wondered if there was something more ...
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Can a financial service be extended at seller discretion and goodwill?

An FX Broker based in Ireland sold me over the phone a currency rate to transfer U.S. Dollar to Euro. The term of the deal I received by email stated the currency rate and a maturity date of two days ...
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19 votes
4 answers
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Is it against the law to sell Bitcoin at a flea market?

I think this would be a cool side gig and I have some ideas about how to make Bitcoin more accessible to the general public. But I don't want to break the law either. These would be normal flea ...
1 vote
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Is it legal, with no licensure, to sell subscriptions to a blog offering opinions on future stock prices, even if the opinions are non-individualized?

To elaborate, let us take an instance where price predictions would be derived from computer models, and where predictions are disclaimed as being "opinions rather than financial advice". ...
-2 votes
2 answers
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Collapse of a money lending company

According to Businessinsider, Nelnet is having massive layoffs and apparently is collapsing. If the actual company holding the debt has its own layoffs, and can't file lawsuits or do anything, does ...
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Escheat of assets/company due to incompliance

As the term is laid out here, escheat is typically when assets are unclaimed (often due to death of owner). However, I'm unclear as to where exactly the emphasis is for this term. Question Is it that ...
2 votes
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Legal validity of the statement: "advise us of any incorrect entries within 30 (thirty) days"

It is standard practice of many financial service providers, in South Africa, at least to state on the bottom of their statement, something along the lines of: Kindly check your statement and advise ...
-1 votes
2 answers
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If one writes a check with no exact amount but with an upper bound by indicating a "Not To Exceed X USD" on the memo line, is it legally binding?

Example of a check with no exact amount but with an upper bound by indicating a "Not To Exceed X USD" on the memo line of the check: If the person who cashed out the check goes over the ...
1 vote
1 answer
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On the acquisition of legal rights to sanctioned YouTubers' frozen funds

Note: The following is a thought experiment. Since I am no legal scholar, it is highly likely that its wording needs a lot of improvement. Suggestions for improvement would be most welcome. Suppose ...
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What specific laws might Robinhood or other brokers have broken by barring smaller investors from buying GameStop? [duplicate]

In early, 2021 there were reports that Robinhood might have banned small investors from buying stock in companies like GameStop. In cases such as these what exact laws could come into play? Also, what ...
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What, if anything, in the United States, makes executing a private loan agreement different from issuing a private placement bond?

What, if anything, in the United States, makes executing a private loan agreement different from issuing a private placement bond? In other words, how does a corporation know whether to always, ...
1 vote
1 answer
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Changing tax residency - how does it work?

After my Phd in US, I move back to Syria. Life savings are in my US bank account (Can't trust Syria) Year is 2011 and Syria enters a war. Every single resident of Syria gets OFAC sanctioned. I'm not ...
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1 answer
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What marks the closing of an equity financing?

Years ago, as an angel investor, I invested in a startup company via a convertible note. The note converts on the closing of certain equity financing events. So what determines the closing of an ...
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Can the US somehow "claw back" or otherwise recover some of the $35 billion in over-billing by a Singapore-based firm founded by a Malaysian national?

The BBC's US Navy officer 'bribed by cash and prostitutes' begins: Information Commander Stephen Shedd provided to the firm helped it defraud the navy of $35 billion (£26.1bn). The plea is the latest ...
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Can you set up a Patreon if part of your work were made by other people?

I don't see anything in the community guidelines that forces you to produce work that's 100% produced by you in order to get money from Patreon. So is this ok, and can you even finance your private ...
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2 votes
1 answer
230 views

How much can you pay yourself after receiving money from a Kickstarter fund?

How much can you pay yourself after receiving money from a Kickstarter fund? I am thinking you need to pay yourself for the labor, but I am not sure if there's a way to determine the appropriate money ...
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2 votes
0 answers
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Do you need to return money collected through a GoFundMe if the money isn't used for the intended project?

Do you need to return money collected through a GoFundMe if the money isn't used for the intended project? Let's say you start a GoFundMe to make a game, you spend 50% of the money to make a game, but ...
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1 vote
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242 views

What stops states from creating money out of thin air?

When a private bank creates money, it obeys reserve accounting, and can't create more. But when I get paid from the state of California, it comes from their treasury account, it isn't a private bank ...
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2 votes
1 answer
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Financial law - limited liability - use of personal balance sheet term

It appears that senior executives in China are using their personal balance sheets to help the property development companies they own make their interest payments on time as regulations and market ...
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1 answer
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In what circumstances does an investment advisor have to register as a money transmitter?

As far as I understand it, an SEC-registered investment advisor that doesn't hold the client's assets doesn't need extra regulation pertaining to custody. If a robo-advisor like Betterment (although I ...
1 vote
1 answer
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Is it possible for a non-citizen nor GC holder do crowdfunding inside the US?

Supose that a person A is an international student in the US. A has an idea and like to launch a company on that. I know A doesn't have a work permission but also believe that A can register a company ...
2 votes
1 answer
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Insider trading and assertions made by influent agents

It is possible for an influent (private) agent, namely someone who has the power to direct the market, to buy a stock before giving a positive announcement about the stock itself? Does his investment ...
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Legality of Auctioning International Criminals/Terrorists?

Wild hair brain thought here that I'm not finding much on. So the idea is this: there are international bounties for heinous individuals that multiple people may have an interest in capturing, be they ...
2 votes
1 answer
147 views

Is it legal for a college to ask for a 12-month financial history?

I'm trying to pull together my in-state residency petition before my fall bill is due after finding out suddenly that my residency was listed as out-of-state while I was on scholarship. The petition ...
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1 answer
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Are large banks required to write blueprints on how to break them up in case they go bankrupt in the United States?

Are large banks required to write blueprints on how to break them up in case they go bankrupt? I remember there was a talk about requiring large banks to write blueprint on how to break them up in ...
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1 vote
1 answer
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Are non-banking companies required to hold in reserve in certain situation?

Banks with more than $124.2 million in net transaction accounts were required to maintain a reserve of 10% of net transaction accounts. Banks with more than $16.3 million to $124.2 million needed to ...
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1 answer
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Under what circumstances, are market makers allowed to engage in naked short selling?

It is important to note that naked short selling is not always evidence of intent to manipulate prices. Under certain circumstances, a market maker may engage in naked short selling to stabilize the ...
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12 votes
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Do Donald Trump's actions constitute embezzlement?

This question is inspired by this other question. In that question, it was written that: Donald Trump moved more than $200,000 donated to his Make America Great Again PAC into his own private ...
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1 answer
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Is it allowed for a retailer that accepts Visa cards to deny those issued by a particular bank?

This is really a two-parter. Friend of mine who is very bad with money used one of those online services that let you buy something in the moment and pay for it afterward with fixed payments over a ...
6 votes
2 answers
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Is transfer pricing legal in the United States?

Is transfer pricing legal in the United States? Transfer pricing allows companies to sell to its own subsidiaries without using market pricing mechanisms to do so. Is this legal in the United States? ...
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Removing deceased spouse from mortgage - TX | USA

A couple years ago, the lender on my mortgage approached me about refinancing the house to lower my payment, but my wife passed away several years ago. Being in our early 30s, and poor as could be, a ...
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2 votes
1 answer
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Storing data from stock data feed provider like Yahoo! Finance or FMP Cloud

Suppose a developer creates a web application for stock market alerts and notifications. Is it legal to store data obtained from purchased subscription of data feed providers like Yahoo! Finance or ...
2 votes
1 answer
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Regulation of P2P lending in India

Regarding the legal aspects of peer-to-peer lending in India, I have two questions— Whether P2P lending in India is regulated or not? If it is regulated then what are the related laws/rules and ...
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1 vote
1 answer
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How do you get an interest-free conditional debt recognized?

How do you get an interest-free conditional debt recognized? Let's say I sign a contract with a relative that says upon my death, you get X amount of money if I have enough money to service that debt, ...
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1 vote
1 answer
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Is there any limit on how much bonuses can be given before filing for bankruptcy in the United States?

I read on https://www.cnn.com/2020/05/26/investing/hertz-bankruptcy-executive-bonuses/index.html (mirror): Hertz paid out millions of dollars in bonuses to its executives just before its bankruptcy --...
2 votes
2 answers
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Can I buy 2 earthquake policies on the same home?

I live in a state with stupidly expensive state-sponsored earthquake insurance. To get a 5% deductible, I basically have to buy 1/10 of a house over my lifetime... but the chance of losing my home to ...
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1 answer
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On the Legality of Teens Trading Stocks---Cf. Barron's (6/14): ``Here Come the Teens: New Apps Make it a Cinch for Teenagers to Trade Stocks...''

It appears according to an article (`Here Come the Teens: New Apps Make it a Cinch for Teenagers to Trade Stocks. Are They Investing---or Gambling'') which appeared in Barron's this week, minors are ...
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1 answer
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Should you share Credit Card details with online websites?

This comes from me casually entering my bank details on every next website. This includes Canadian tire, Home Depot, Coinbase, etc. to name a few. There are countless such (reliable and well-known) ...
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1 answer
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What makes a shareholder a "shareholder of record"?

In public companies filling some reports with the SEC (10K for example), there is a mention of the number of shareholders of record. Example: "As of April 20, 2021, we had approximately 40 ...
2 votes
1 answer
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Are tax crimes' punishments in general proportional to the amount of money?

Let's say that I sell 0.001 BTC right now on Bisq (decentralized P2P exchange) and the buyer sends me $500 USD to my bank account. I then use that $500 to buy a pair of headphones for myself. Or I ...
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How does discovery work for financial crimes?

There is a case in the news at the moment about the post office securing 736 convictions for false accounting and theft that later some were overturned on the basis of an accounting error made by an ...
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How does the US law deal with cross-border market abuse?

I guess that when some market abuse happens within the US, it is relatively easy for SEC to track down the criminals and sue them. But what makes me wonder is that what happens in case someone runs ...
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Does Unsecured Debt Have Implicit Collateral?

I am thinking of a simple case. For example, suppose I bought a home, but there is a mortgage where the contract stipulates that if I default, the bank can seize up to 95% of the home value. This 95% ...
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Can novel investable securities have intellectual property rights?

Let's say I'm a bank, and I create this really popular investment product I'm selling left and right (for example, say I'm Lewis Ranieri, and I invented the mortgage-backed security). This product is ...