Unsuitable investments are investments that are not appropriate for the individual investor. In other words, the advisor or broker should have known better than to advise his/her client to make the investment.

Because investors rely on financial advisors and brokers, federal securities laws where created to protect investors fromĀ  fraudulent and unethical financial advisors and brokerage firms. One of the most common violations of securities law is “Rule of Suitability.”

FINRA Rule 2111 ā€œSuitabilityā€ and FINRA Rule 2090 ā€œKnow Your Customerā€ governs suitability for a particular investment or investment strategies for a client.

Under Rule 2111, a broker must have a ā€œreasonable basis to believe a recommended transaction or investment strategy involving a security or securities is suitableā€ based on the clientā€™s age, other investments, financial situation, tax statues, investment experience and objectives, risk, and need for liquidity.

Additionally, the investment must be suitable based on the investors total portfolio.Ā  Although the invest may be suitable by itself, the investment may not be suitable based on the investorā€™s total account or portfolio.

Brokers are also required ā€œTo Know Your Customerā€ pursuant to FINRA Rule 2090.Ā  When opening and maintaining an account, brokers and financial advisors are required to ā€œuse reasonable diligenceā€ to learn essential facts about their customer. The broker or advisor must understanding of the investment, customer, as well as their portfolio.

If have questions about the suitability of an investment, contact Miller Law Group for a fee consultation, or call 919-348-3461.