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An investment review is a review of the materials that you receive from the company before you invest. The review would be for any type of alternative investments or private securities, sometimes referred to as investment programs, promissory notes or investment strategies.
Many investors experience some type of investment loss and seek the help of an attorney. Often, during the intake process, the attorney looks at the client’s investment documents only to discover that the loss the client complained about was actually disclosed as a risk. Moreover, even though the client’s losses were significant, the insiders were still compensated because the investment contract allowed it.
A careful investment review can prevent the later sentiment of, “I wish I had known that prior to investing.”
For investment reviews, you can only look at material provided by the company to investors and public information. You can do a background check of:
Investors have the right to receive information from the company before they invest so that an attorney can make follow-up requests for other information, such as financial statements and ledgers.
An investment review does not really “uncover” anything. If someone is hiding information, the review can’t access it. For example, you can’t uncover fraud, abuse or any type of undisclosed risks. The results of the review would be limited to risks that have already been disclosed.
It’s also important to note the review can’t guarantee any investments or offer an opinion as to whether an investment is good or bad. However, the review can bring risks buried in the disclosures to your attention.
Companies are required to disclose all material information about the offering. Frequently, they will use a lot of flowery language to obscure the bad information while emphasizing the good. A qualified securities attorney can help you learn how you get a return on your investments, how the company’s insiders are compensated, and your specific voting rights.
An investment review process can raise red flags or discourage investments. A company may refuse when requested to provide more information or get cagey with their answers. Those are red flags that might point to looking for other ways to deploy funds.
A full portfolio review of all investments, public and private, depends on your comfort level. Ideally, you should be working with a team, not just an attorney. You should also be working with a financial advisor and an accountant who can provide investment and tax advice.
You should review your statements and reports regularly with these experts. There could be significant unexplained losses, merger announcements or tender offers. The company may disclose its intention to generate capital with another offering or with debts. Those are all appropriate times to talk to an attorney and see what your options are.
A lot of the investors I’ve worked with over the years sought help too late. They believed representations from insiders and promoters that the investor had specific access to information rights, voting rights and investment participation that ultimately did not align with what they experienced. When we looked at the investment materials, we saw that everything the company did was by the book, and there’s no basis for a lawsuit.
While we can’t help if a company engages in fraud or other types of actionable mismanagement, we can provide you help at the outset before any money changes hands. It’s my job to make sure:
If investment losses happen later, you can contact your attorney. They can help you evaluate options to hopefully recover a portion of your investment.
For more information on Demystifying Investment Reviews, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (812) 561-7772 today.