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yes
um both the individual and the company
can be held liable and I think the
company has the highest degree of
liability because they should have done
due diligence as the broker should have
done on this product to ensure that it
was suitable to be sold to anyone that
it was in the best interest of any
customer
so a defective Security Finance
definition was not appropriate to be
sold to anyone and so when we’re talking
about who’s liable the primary liability
is on the firm and secondarily on the
broker if the broker could have known of
the defect
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New York, NY securities attorney Jenice L. Malecki talks about the liabilities for defective securities. She notes that both the individual broker and the firm can be held liable in cases involving defective securities. However, the firm carries the greatest degree of responsibility, as it is expected to conduct thorough due diligence on the product to ensure it is suitable and in the best interest of clients. A defective security, by definition, is inappropriate for sale to any investor. Liability for the broker is secondary and arises primarily if they should have been aware of the product’s defects.
