Stock broker legal definition of Stock broker

Adam received his master’s in economics from The New School for Social Research and his Ph.D. from the University of Wisconsin-Madison in sociology. He is a CFA charterholder as well as holding FINRA Series 7, 55 & 63 licenses. He currently researches and teaches economic sociology and the social studies of finance at the Hebrew University in Jerusalem.

  • The specific terms of the transaction must be satisfactory to the broker’s client.
  • The business or occupation of a broker may be regulated by the state under its Police Power.
  • Online brokers, unlike face-to-face ones, do not provide personalized advice.
  • Most investment accounts hold a small amount of cash, and a broker sweeps that cash into a deposit account that earns interest.
  • Any fraudulent misrepresentations or evidence of bad faith on the part of the broker will defeat his or her right to a commission.

A commercial or merchandise broker is an individual who works with buyers and sellers by negotiating between them in the buying and selling of goods, without having personal custody of the property. He or she offers services on a commission basis to manufacturers as a sales representative for their product. Such a broker has no control or possession of the product that is sent directly to the buyer; he or she merely acts as a middleperson in all transactions. Full-service brokers offer a variety of services, including market research, investment advice, and retirement planning, on top of a full range of investment products.

Legal Dictionary

They may not place the order in the amount of 10,000, grabbing instead 500 to 1,000 shares at a time to deliver to Amy after the funds settle. The median salary for a stock broker in the United States, according to Salary.com. The broker must make a reasonable effort to obtain information on the customer’s financial status, tax status, investment objectives, and other information used in making a recommendation. In fact, virtually every citizen in the advanced economies can afford to invest in the stock market today. Legal Explanations is a free legal dictionary and resource site to help you with any legal documents or questions. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms.

  • NerdWallet, Inc. does not offer advisory or brokerage services, nor does it recommend or advise investors to buy or sell particular stocks, securities or other investments.
  • This means that unlike many larger brokers they carry no inventory of shares, but act as agents for their clients to get the best trade executions.
  • The term broker has been in use for centuries, originally derived from the Old French word “broceur”, meaning small trader or dealer.
  • The investing information provided on this page is for educational purposes only.
  • The state may provide for the revocation or suspension of brokers’ licenses for reasonable grounds.

In some cases, brokers also provide advice on which stocks you should buy and sell. However, brokers should not be confused with financial planners, who tend to offer more holistic guidance on your financial situation. Bonds State regulations usually require that brokers, especially those engaged in the real estate business, deliver a bond to insure faithful performance of their duties. The liability of the surety guaranteeing broker legal definition such a bond extends only to transactions that arise during the normal course of the broker’s business and that are intended to be included in the bond. The power to revoke a license may be vested in a specially designated commission that exists primarily to hear complaints about the fraudulent practices of brokers. Such proceedings are ordinarily informal, and technical court rules generally are not observed.

To understand what brokers do, it helps to have some quick background about the stock market. We believe everyone should be able to make financial decisions with confidence. The terms of the brokerage agreement determine the character of the
services to be rendered as well as the broker’s right to compensation in
particular circumstances. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only.

Business brokers

They also negotiate freights and other business for the owners of vessels. To find the best online broker for you, look for discount brokers that require a low minimum investment and charge no ongoing account fees. If you’re new to investing, consider choosing an online broker that offers educational resources — many have libraries of how-to content on their websites to help you get started. Stockbrokers may be liable for various unethical activities, such as churning, which is the unnecessary trading of stocks to gain additional commissions. A Consumer Protection organization, the Securities Investor Protection Corporation (SIPC), has been established by Congress to aid customers of securities concerns that go out of business. Ship brokers are specialist intermediaries or negotiators between shipowners and charterers who use ships to transport cargo.

Generally, a commission is earned when negotiations between a buyer and seller are completed, and an agreement is reached. It is customary for a broker to deduct and reserve the amount of commission from funds obtained by him or her for a client. The ordinary basis for the calculation of a percentage commission is the total sale price of whatever is sold. Stockbrokers are regulated professionals, usually working with a broker-dealer or brokerage firm. These dealers and firms buy and sell stocks and other financial securities. Business brokers help buyers and sellers of private companies in the trading process.

A commercial finance broker

This may get you noticed but in order to actually be hired and perform as a broker, you will need to be appropriately licensed. The broker receives the order and if the brokerage has those shares available, they will most likely fill Amy’s order immediately. If they don’t they could buy those shares on the exchanges or from other brokerages.

If you have specific questions, please consult a qualified attorney licensed in your jurisdiction. Any fraudulent misrepresentations or evidence of bad faith on the part of the broker will defeat his or her right to a commission. Mere Negligence in the execution of duties, in the absence of bad faith, does not automatically defeat a broker’s right to compensation. Insurance brokers or insurance agents sell, solicit, or negotiate insurance for compensation. Although most brokers work on behalf of sellers, some of them represent the buyer. However, they can never represent both the buyer and seller at the same time.

Regulation and Conduct of Business

A broker is a person or company authorized to buy and sell stocks or other investments. If you want to buy stocks, you will almost always need a broker — essentially, a middleman — to place those orders on your behalf. An agent employed to make bargains and contracts between other persons, in matters of trade, commerce, or navigation, for a compensation commonly called “brokerage.” Story, Ag. Commissions A broker is ordinarily compensated for services by the payment of a commission, based upon a portion of the value of the property in a particular transaction. An insurance broker acts as an intermediary between the insurer and the insured and is distinguishable from an insurance agent. While an insurance agent is employed by, and represents, a particular insurance company, an insurance broker is a representative of the insured only.

Within the meaning of such laws, any individual who regularly works as a middleperson or negotiates business transactions for the benefit of others is ordinarily considered a broker. It has been held by a federal court that a statute requiring brokers to obtain a license was only applicable to those people regularly employed as brokers. An individual only casually involved in brokerage through the arrangement of only a few sales would not be considered to be engaged in the business of brokerage. In order for a broker to engage in business, he or she is generally required to acquire a license and pay a fee. Brokers who conduct business without a license can be fined by state licensing authorities.

More from Merriam-Webster on broker

This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. In order for a broker to be entitled to a commission, a sale must be completed for which the broker has been employed. A competent commercial finance broker will know the details of several alternative lenders. Furthermore, they know what types of enterprises each lender focuses on.

For that, investors can expect to pay higher commissions for their trades. Brokers receive compensation from the brokerage firm based on their trading volume as well as for the sale of investment products. An increasing number of brokers offer fee-based investment products, such as managed investment accounts.


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