Top Questions and Answers from the Division of Securities

May 2, 2022

The Division of Securities gets varying questions but the majority fall into one of two categories. Those categories are with the about filing complaints or about licensure.
Here are a few of our top complaint questions and their corresponding answers.
Q – If I file a complaint, will the seller of the security know that I filed the complaint?
A – When you file a complaint with the Division of Securities, the Division will not disclose, without your permission, who has or has not filed complaints unless an official order is issued or criminal charges are filed.
Q – Will I get any money back?
A -Restitution to investors varies from case to case and there are many factors that come into play when determining how much (if any) an investor may receive back. The Division always attempts to get money back to investors, but unfortunately, there is no guarantee of this happening in every case.
Q – If I file a complaint, will the offender be sent to jail/prison?
A – Possibly. First, the Division and a federal, state, or county prosecutor must decide whether to file criminal charges. If criminal charges are filed, the matter proceeds through the court system, which may lead to a conviction. If convicted, a judge determines sentencing, which may include jail or prison.

Here is the number one licensure question we get.
Q – Do I need a license?
A – Determining whether you or your securities-related business requires licensing can be difficult. The Division of Securities Licensing Section is available to help you understand the various securities laws that may apply to your business. You may also need to consult with a securities attorney before proceeding.
To get more information on or about the Division of Securities please to our website or contact our office .