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Like so many aspects of life,
terms of art can sometimes hinder effective communication. In one
of my cases, the broker testified that he asked his client what
his investment objectives were and the client replied, "To Make
Money!" This cavalier response sent a message that the client was
willing to take big risks in order to get big gains. The broker
noted "speculation" as the client’s investment objective, yet the
client testified that what he meant was that he wanted his money
to grow, but not at the expense of his principal.
"Investment objective" is
a term of art in the securities industry. It does not mean that
you know what specific investments you want to make. Nor does it
require some abstract or philosophical response. Several standard
choices when opening a brokerage account are:
- Safety of Principal
- You don’t want to lose any of the money you are investing. You
are generally more comfortable with conservative, stable investments
and are not willing to take any risk of principal (the only risk
you might be willing to assume is the amount and certainty of
the income or appreciation).
- Income - You want
or need to generate income from the money you are investing and
you are willing to take some small risk in order to receive increased
income.
- Growth - You have
more of a long term investment horizon. You may be saving for
a future goal and you are willing to take some risk (approximately
10% of your portfolio) in order to increase your growth potential..
- Growth & Income
- You want diversification to achieve a combination of both income
and some capital appreciation. You are comfortable with moderate
risk.
- Aggressive Growth
- You are willing to lose all or a substantial portion of the
money.
- Speculation
- You are investing in order to maximize your returns.
The Problem
Most customer-brokerage disputes
center on the issue of what were the client’s investment objectives.
Setting investment objectives can be difficult for several reasons.
First, the great majority of investors don’t have a clear understanding
of what they want to do. And for those who do, they do not clearly
express it. Second, brokerage firms usually require their brokers
to check a few pre-printed boxes of investment objectives (such
as those above) on the new account form. These categories may prove
to be either too limiting or too susceptible to interpretation.
A third problem reared its
ugly head in one recent arbitration case of mine. The broker had
checked all of the above boxes for the client’s investment objectives,
reasoning that the client said she wanted to do a little of everything.
This defeats the purpose of the information - how can the manager
supervise the broker to ensure that suitable investments are being
made? Arguably, everything is suitable and the broker has carte
blanche to recommend anything and everything under the sun to you.
Make sure that your investment
objectives reflect the overall guideline for how you want your investments
handled. Don’t focus solely on what specific type of investments
you anticipate purchasing over the years, because you may buy a
little of each type. Your investment objectives should reflect the
bigger picture for the majority of your money.
Don’t let terminology get in the way
Don’t let terminology get
in the way - use your own terms to describe what you think you want.
Say things like, "I’d like an annual return of X%, but I don’t want
to risk more than X% of my monies invested." Percentages are the
great equalizer - no matter what amount of money you are dealing
with, the principle is the same.
Your broker should assist
you in determining your investment objectives by asking you a series
of questions, as follows. You would be well advised to send your
broker a letter apprising him of the following facts, lest your
broker neglect to get everything down.
- Your age
- Your tax bracket
- Your upcoming financial needs (do you anticipate withdrawing one third or more of your total cash and investments for a major purchase, college tuition, or home mortgage?)
- Your need for income, whether you have adequate funds for emergency financial needs
- Your expected future earnings over the next 5 years (planning on retiring, new job, promotion, going part-time)
- What percentage of your monthly income is used to pay installment debts (credit cards, auto loans, etc.)
- What percentage of your total investments does the current investment make?
- Your ability and willingness to take risk
- Your investment knowledge and prior investing experience
Clearly spelling out your
investment objectives is like the oil in a complicated piece of
machinery - it allows you to monitor your brokerage account; allows
your broker to determine what investments are suitable for you,
and allows your brokerage firm to properly supervise your account.
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