Friday, November 2, 2012
A Prospectus Is Meant To Be Read
One cause that some have given for the recent financial problems is that
the underwriters and sellers of the securities misled investors. With
the discussion of various financial regulations, and passage of others,
the government agrees. While we have no stance on whether investors were
misled in verbal communications, it appears that these claims may be overstated.
For example, in the famous Abacus CDO prospectus, Goldman Sachs stated
they "..shall not have a fiduciary relationship with any investor," and
that the firm "may have conflicts of interest." Even more directly in
another deal, Citigroup and Credit Suisse stated that the firms may have
conflicts, but also that the firms’ “actions may be inconsistent with
or adverse to the interests of the Noteholders.” As an investor, you
must remember that just because the SEC approves a prospectus does not
mean that the SEC feels the investment is a good idea, but rather that
all relevant information is disclosed. It is up to the individual to
research the investment and decide for themselves.