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Need Legal Help? Contact Us. Call +1 (888) 997-9956Looking to invest in low risk, fixed income products, many investors were advised by their brokers to purchase Collateralized Debt Obligations (“CDOs”), which include mortgage backed and asset backed securities. However, mortgage backed and asset backed securities often carry significant risks, and can be speculative and illiquid. Under Notice to Members 03-71, which addresses sales of non-conventional investments (“NCIs”) like mortgage backed and asset backed securities, “NCIs often have complex terms and features that are not easily understood… Given the complex nature of NCIs and the potential for customer harm or confusion, members are cautioned to ensure that their sales conduct procedures fully and accurately address any of the special circumstances presented by the sale of NCIs. Additionally, NASD is concerned that investors, particularly retail investors, may not fully understand the risks associated with these products.”
Further, under NASD Rule 2310, brokerage firms are required to provide their customers with suitable recommendations in light of their other security holdings and financial situation and needs. Moreover, financial advisors are required to conduct adequate due diligence before recommending an investment product to their customers. Due to the risks associated with CDOs, mortgage backed securities and asset backed securities, these investment products were unsuitable for many customers.