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How to Become an Accredited Investor

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How to Become an Accredited Investor

Left to its own devices, investing can be a ruthless game. The government regulates how companies connect to the public to protect people from potential scams and extremely high-risk investments. The accredited investor receives less of this protection but also has the ability to invest in commercial real estate syndication and even with early-stage companies before they go public.

Becoming a limited partner in a major commercial real estate development can generate impressive returns and getting in early on a company like Uber (NYSE: UBER) or Slack (NYSE: WORK) means enormous profits — gains well beyond the scope of what any individual can expect in a public offering.

Rule 501 of the U.S. Securities and Exchange Commission (SEC) Regulation D defines the accredited investor. We’ll discuss the major points in that definition and what it means for your investment opportunities.

Accredited Investor Requirements and Qualifications

The accredited investor is assumed to be a sophisticated financial entity that can handle higher levels of risk. The accredited investor can be a natural person or a business entity.

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The current standard for a natural person is as follows:

  • Income over $200,000 per year (for married couples, $300,000) in the prior 2 years and can prove a similar income for the current year, or
  • A net worth of over $1 million that does not include the value of the primary residence

The criteria for other categories of accreditation is as follows:

  • A trust with more than $5 million in assets, or 
  • A business entity with 100% accredited investors as equity owners

Opponents of this standard point to the fact that individuals and firms can make money without investment sophistication. For instance, a surgeon who makes $500,000 is automatically considered a sophisticated investor — even though that surgeon may not know the first thing about buying a common stock or reading a balance sheet.

Last year, the SEC expanded eligibility, allowing more individuals to meet the accredited investor requirements to those that hold certain financial professional licenses. People with the following licenses may have accredited status whether or not they meet the income or net worth requirements.

  • General Securities Representative license (Series 7)
  • Private Securities Offering Representative license (Series 82)
  • Licensed Investment Adviser Representative (Series 65)

How Do Firms Determine if You’re an Accredited Investor?

Taking money from non-accredited investors can mean big trouble for a company, whether it succeeds or fails. Failure means court cases from angry investors, but success without compliance can bring penalties and sanctions once you get on the SEC’s radar. If you are looking to invest in unregulated opportunities, you should be ready to prove your accredited status. Most reputable opportunities require this.

Companies looking for accredited investors may check your status as they see fit. You will probably be asked for a professional record of your finances. You may also be asked to prove how you will make your $200,000 minimum this year if you don’t have at least $1 million net worth. Each investor chooses the amount of scrutiny he is willing to face in order to gain access to a certain opportunity. 

Not all firms are worried about accreditation, however.

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Regulation crowdfunding and the Jumpstart Our Business Startups (JOBS) Act are relatively new mods to securities law that work around accreditation. 

Regulation crowdfunding allows companies to raise up to $5 million within 12 months with no accreditation standard. The JOBS Act created a Tier 2 standard business under Regulation A that allows companies to raise up to $50 million from nonaccredited investors. Companies are not required to disclose as much information about themselves when compared to companies raising money under traditional regulations.

Depending on who you ask, companies looking for investments break securities law all the time. If you get money from your working-class cousin to start a neighborhood fish fry, you might be breaking SEC Regulation D. Fortunately, the SEC makes some provisions for smaller companies and family businesses in Rule 504 and Rule 506. To stay in general basic compliance, you cannot make a securities offer to anyone you don’t already know or market the offering to the public in any way.

Rule 506(b) allows a company up to 35 non-accredited investors in a funding round. These investors must meet an experience requirement that is purposely worded to give courts the ability to judge problems on a case-by-case basis.

Under Rule 506(c), companies and syndication sponsors solicit their offerings to the general public and raise an unlimited amount of capital from an unlimited number of accredited investors, but are not allowed to receive investments from any non-accredited investors.

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Who Can be an Accredited Investor?

As long as you meet the financial or professional licensing criteria set forth in Rule 501 of Regulation D from the SEC, you can legitimately claim to be an accredited investor. The SEC doesn’t actually certify you, nor is there any official documentation you can apply for. Determining your accreditation is left up to the companies who are scrutinizing investors.

What Can Accredited Investors Invest In?

Accredited investors have access to many unregulated hedge funds, private equity investments and venture capital investments that common investors legally do not. The main advantage of being accredited is access to these unregistered investment opportunities. 

The process of getting registered with the SEC is costly and time-consuming. SEC registration also requires that companies maintain a certain financial stability and accounting transparency. Early-stage companies often do not want to invest the resources necessary to become registered. Instead, they limit investment offers to accredited investors only. Those offers usually have substantially more upside than public offerings, but they come with no government protection in case of default, unethical behavior or even illegal behavior.

Why Become an Accredited Investor?

The reason to become an accredited investor is simple — other investors will trust you more. As stated before, passing muster with government minimum standards doesn’t actually get you anything in and of itself. But when other investors open your books and see financial stability and sophistication, they’ll be much more likely to invite you to the VIP table.

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Don’t Jump the Gun

If you’ve opened an account with any brokerage firm, you have been asked to accredit yourself. Before the brokerage decides on your margin status or options level, you are asked for your income and level of investment sophistication. Hint: They don’t check. You can easily self-assert a $2 million net worth, 20 years of stock trading experience and an average trade size of $50,000. They’ll give you 4X your capital for day trading and all of the unlimited options tradings you can handle.

As 80%-90% of investors quickly find out, pretending to be smarter than you are is the fastest way to lose all of your money. 

You are practically free to lose every dime you have despite the standards the government tries to put in place. So before you go jumping into a Regulation A Tier 2 investment pool or some crowdfunding pool because it sounds cool, consider that caution may be the best accreditation you have until you get that $1 million minimum.

Q

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How can you become an accredited investor?

A

To become an accredited investor, you must have earned a minimum of $200,000 the past two years and have the expectation to earn that in the current year.

Q

Who can write an accredited investor letter?

A

A CPA, investsment advisor, licensed attorney, or broker dealer can write an accredited investor letter.

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Q

How long does it take to become an accredited investor?

A

It takes two years of showing an income of at least $200,000 to become an accredited investor.

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National Bank Of Ukraine Unveils E-Hryvnia Concept

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National Bank Of Ukraine Unveils E-Hryvnia Concept

The central bank of Ukraine has presented to interested parties a draft concept of the nation’s future digital currency, the e-hryvnia. The regulator is currently considering several potential applications for its digital coin, including retail payments and cross-border settlements.

Ukraine’s Monetary Authority Introduces Banks and Businesses to E-hryvnia Project

The National Bank of Ukraine (NBU) has presented a draft concept for its future central bank digital currency (CBDC) to representatives of banks, other financial institutions and participants in the crypto market. The regulator seeks feedback on the possible issuance of this version of the national fiat currency, the hryvnia.

The main purpose of the e-hryvnia will be to supplement the cash and non-cash forms of the Ukrainian money, the monetary policy regulator explained in an announcement published on Monday. The plan is to make it accessible to all segments of the population, legal entities, state bodies, the banking and financial sectors.

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The project was launched in September, last year. Since then, the NBU has been exploring the feasibility of a large-scale issue of the digital currency. In a quoted statement, the bank’s Deputy Chairman Oleksiy Shaban emphasized that the development and implementation of the e-hryvnia can be the next step in the evolution of Ukraine’s payment infrastructure and elaborated:

[The e-hryvnia] will contribute to the digitalization of the economy, the further spread of cashless payments, the reduction of their cost, the increase in the level of their transparency, and the increase of trust in the national currency in general.

During the meeting with the interested parties, the NBU presented the draft design of the e-hryvnia, its architecture, characteristics and advantages for payment service providers, including the option for instant payments. The bank took into account the results of a survey of financial market experts on the demand for a digital hryvnia, which was conducted in 2021.

The National Bank of Ukraine is now considering several possible implementations of the e-hryvnia. Among them is the use of the CBDC for retail non-cash payments, targeted social and other government payments, and smart contracts.

The coin can also be employed to facilitate the circulation of digital assets, including issuance, exchange and other related operations. “The e-hryvnia can become one of the key elements of the qualitative infrastructure development for the virtual assets market in Ukraine,” the central bank believes. It can also enable cross-border payments, making them faster, cheaper and more transparent.

Ukraine is yet to comprehensively regulate its digital currency space. Last fall, the parliament in Kyiv, the Verkhovna Rada, adopted a bill “On Virtual Assets” which was signed into law by President Volodymyr Zelenskyy in March 2022 after certain revisions that he requested.

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The country’s securities watchdog was recently tasked to prepare amendments to the tax legislation necessary to enforce the law. Meanwhile, work has begun to update it in accordance with the EU’s standards in the field. Ukraine has been relying on crypto donations to fund its defense and humanitarian efforts during the ongoing military conflict with Russia.

Tags in this story

CBDC, Central Bank, concept, Crypto, crypto assets, Cryptocurrencies, Cryptocurrency, Digital Currency, discussion, draft, e-hryvnia, feedback, hryvnia, national bank of ukraine, nbu, project, Ukraine, ukrainian, virtual assets

Do you think Ukraine will be able to issue its e-hryvnia in the near future? Share your expectations in the comments section below.

Lubomir Tassev

Lubomir Tassev is a journalist from tech-savvy Eastern Europe who likes Hitchens’s quote: “Being a writer is what I am, rather than what I do.” Besides crypto, blockchain and fintech, international politics and economics are two other sources of inspiration.

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Image Credits: Shutterstock, Pixabay, Wiki Commons, Ruslan Lytvyn / Shutterstock.com

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Disclaimer: This article is for informational purposes only. It is not a direct offer or solicitation of an offer to buy or sell, or a recommendation or endorsement of any products, services, or companies. Bitcoin.com does not provide investment, tax, legal, or accounting advice. Neither the company nor the author is responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services mentioned in this article.

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Manitoba Halts New Crypto Mining Projects Due To Expected High Energy Demand

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Manitoba Halts New Crypto Mining Projects Due To Expected High Energy Demand

Authorities in Manitoba are temporarily suspending the connection of new crypto mining facilities to the power grid. The Canadian province, which relies heavily on hydroelectric generation and attracts miners with low electricity rates, fears it may face overwhelming energy demand.

Manitoba Suspends New Crypto Mining Operations Citing Possible Increase in Electricity Usage

The government of Manitoba is halting new connections of crypto mining centers to the province’s hydroelectric grid, the Canadian press reported. Officials explain the move with the potential for increasing energy demand that the region may not be able to meet.

The suspension, imposed for a period of 18 months, will not affect the 37 currently active mining operations, according to an article by the Toronto Star. The measure is aimed at halting a growing number of requests to power new facilities with combined capacity amounting to a sizable portion of the province’s electricity supply.

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Providing the reasoning for the decision, Manitoba Minister of Finance Cameron Friesen, the government official responsible for the state-owned company Manitoba Hydro, commented on Monday:

We can’t simply say, ‘Well anyone can take whatever [energy] they want to take and we’ll simply build dams. The last one cost $13 billion if you priced in the [transmission] line.

With the second-lowest electricity rates in Canada, only Quebec offers cheaper power, Manitoba is a magnet for users that need large amounts of electricity such as those involved in the energy-intensive extraction of cryptocurrencies.

Friesen revealed that 17 new operators have filed requests with the authorities in the province for a total of 370 megawatts of electricity. That exceeds half of the power produced by the Keeyask hydroelectric generating station which became operational in 2022.

The region’s finance minister also highlighted the concern of the Progressive Conservative government that blockchain businesses may not create many jobs. “You can be utilizing hundreds of megawatts and have a handful of workers,” he elaborated.

“Manitoba Hydro cannot make discretionary decisions about who to hook up,” Friesen emphasized. A government review is expected to analyze the economic impact of cryptocurrencies and the need for a regulatory framework to approve new large connections to the grid.

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Earlier this month, the Hydro-Québec public utility asked the electricity distribution regulator in its province to suspend energy allocation for the blockchain sector. Manitoba’s restrictions also follow the enforcement of a partial moratorium on proof-of-work mining in the U.S. state of New York.

Tags in this story

Canada, Canadian, consumption, Crypto, crypto miners, crypto mining, Cryptocurrencies, Cryptocurrency, Electricity, Energy, grid, Hydroelectric, Manitoba, Measures, Miners, mining, power, province, region, restrictions, suspension, usage

Do you think other Canadian provinces and U.S. states will adopt restrictive measures for crypto mining? Share your expectations in the comments section below.

Lubomir Tassev

Lubomir Tassev is a journalist from tech-savvy Eastern Europe who likes Hitchens’s quote: “Being a writer is what I am, rather than what I do.” Besides crypto, blockchain and fintech, international politics and economics are two other sources of inspiration.

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Image Credits: Shutterstock, Pixabay, Wiki Commons

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Professional Liability Insurance for Traders

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Professional Liability Insurance for Traders

Professional liability insurance is a crucial protection for traders, allowing them to safeguard their investments and clients. In addition, without professional liability insurance, you may be required to pay the judgment amount of a lawsuit if you are sued. 

Professional liability insurance protects organizations that offer advice or services. Professional liability insurance also protects your assets if you’re sued for professional negligence or malpractice.

Even if you did nothing wrong, professional liability insurance, commonly known as errors and omissions (E&O) insurance, covers you if you break your promises. Negligence, bad advice, paperwork errors and damaging recommendations are examples. Professional liability policies cover legal issues specific to each profession.

A dissatisfied client may accuse you of faulty work. Even if the claim is invalid, legal fees may be high. As a trader, you should do your best to avoid bankruptcy if you are sued. On the other hand, if a customer follows your counsel and makes bad financial decisions, it could result in costly lawsuits.

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Why Do Traders Need Professional Liability Insurance?

In an ideal society, professional liability insurance would not be necessary because there would be no mistakes, errors in judgment or litigation. But, unfortunately, people do not inhabit an ideal world. If a client suffers a financial loss because of a trader’s actions, the trader faces the risk that the client will file a lawsuit.

A common situation that professional liability insurance may cover for a currency trader is losing money on a trade. Professional liability insurance will shield you from claims seeking compensation for losses caused by negligence or errors.

Do Traders With Brokerage Clients Need Insurance?

Traders must proactively manage their risks with constantly changing regulations in the financial services industry. Accordingly, traders who act as brokers must register with the U.S. Securities and Exchange Commission (SEC), join a self-regulatory organization (SRO) and follow federal securities laws and regulatory requirements.

If you make a mistake or miss something during your duties as a trader, professional liability insurance may help cover the costs of defending yourself in court. In addition, professional liability insurance for traders can help pay for defense costs in the event of claims of negligence, errors in judgment or mismanagement of client assets.

Are General Liability Insurance and Professional Liability Insurance the Same?

Business owners can buy two types of business insurance: general liability insurance and professional liability insurance. General liability insurance covers lawsuits for bodily injury, property damage, advertising injuries and medical costs. Professional liability insurance only covers lawsuits about business mistakes and negligence.

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When accidents or mistakes cause negligence lawsuits, your general and professional liability policies work together to keep your legal costs down.

Client contracts may require you to carry either policy. In addition, some clients may ask their professionals to have professional liability insurance if they get sued.

Types of Professional Liability Policies

According to the Insurance Information Institute (III), people can buy two kinds of professional liability insurance: claims-made and occurrence policies. Claims-made policies are the norm in the insurance business. For a claim to be covered, the policy must have been in effect both at the time of the accident and at the time of the lawsuit. But an occurrence policy might be a good idea if you’re considering changing careers or retiring. It protects you if a claim is made for something that happened during the policy period even if the lawsuit is filed after the policy ends.

Professional liability insurance will pay up to the policy’s maximum for defending you in court against claims and paying judgments. However, most insurance policies don’t cover intentional or dishonest actions or losses. You may also face fines from licensing authorities and other costs. How much professional liability insurance you need depends on the size of your business.

You can get professional liability insurance as an add-on to a Commercial Package Policy  (CPP). However, a home-based business policy or BOP does not cover professional liability.

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Protection Yourself Against a Negligence Lawsuit

You can’t always prevent a negligence lawsuit from being filed against you, but you can take smart precautions.

  • Make sure you get accurate information by asking your clients in-depth financial questions.
  • Make sure to record all your communications and meetings with clients accurately.
  • Let the client make an educated financial decision by providing all relevant details.
  • Protect sensitive customer data from hackers by evaluating potential partners carefully.

It is essential to keep track of changes in your client’s life that could impact the financial advice you give them and to update their information regularly. In addition, you should get E&O insurance to cover your back when safety measures fail.

Other Types of Business Insurance Traders May Need

In addition to E&O insurance, financial professionals may need these other types of critical business insurance protection.

General Liability Insurance: General liability insurance (GL) covers third-party injuries and property damage caused by you or your workers. It can cover a customer’s medical fees if they break their wrist after falling over an unsecured wire at your business. Without it, you or your company would cover your medical expenditures. GL insurance also covers libel and slander claims.

Business Income Insurance: Business income insurance reimburses disaster-related losses. Most calamities disrupt business and may force you to leave. The policy also covers temporary work location fees.

Umbrella Insurance: The umbrella denotes additional liability coverage. It prevents excessive losses when one of the underlying policies reaches its limits. Umbrella insurance protects a business against general liability and vehicle liability.

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Fidelity Bonds: Employee dishonesty bonds are fidelity bonds. Clients are repaid if employees steal. Client contracts often need them.

Cyber Liability Insurance: If a financial expert’s data is stolen, cyber liability insurance covers recovery, litigation and customer notification costs.

Workers’ Compensation Insurance: Most states require employers to have it. This policy covers medical bills and lost wages for workplace injuries.

Compare Professional Liability Insurance

Businesses that give customers professional services and advice need professional liability insurance. Benzinga offers insights and reviews on these insurance providers of professional liability coverage. Use this list to begin your search for E&O insurance. 

  • Best For

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    Comprehensive coverage/Business Owners’ Policy

    securely through The Hartford Business Insurance’s website

  • Best For

    Start-ups, the self-employed and small businesses

    securely through CoverWallet Business’s website

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  • Best For

    Business owners who need professional liability coverage quickly

Frequently Asked Questions

Q

What is E&O insurance?

A

E&O insurance protects those who provide professional services from claims of carelessness, breach of fiduciary duty or regulatory compliance issues.

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Q

Why do you need professional liability insurance?

A

Currency traders sometimes lose money on trades, which is why professional liability insurance might be helpful. This kind of insurance can protect you from lawsuits filed by people who lost money because of bad financial advice, misrepresentation, negligence, oversight or errors in judgment. 

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