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121 comment(s). Last comment by Up_down 2016-05-10 19:29

Probability

14,402 posts

Posted by Probability > 2016-05-10 11:00 | Report Abuse

the world does not revolve around....ones title...positions...education level...money they have...or their kids success..

colonial mentality at its finest

stockmanmy

6,977 posts

Posted by stockmanmy > 2016-05-10 11:03 | Report Abuse

We are talking about laws and you want to talk about some thing else......probability?


It's not prudent to break laws.

Posted by goreng_goreng > 2016-05-10 11:04 | Report Abuse

Is it legal to comment on recommendation of BUY or SELL call without license? and.. and.. and.. Is it legal to comment on comment on recommendation of BUY or SELL call without license? "Commentception", 2nd level thinking, whatever u want to call it, nailed it. :DDD

Probability

14,402 posts

Posted by Probability > 2016-05-10 11:05 | Report Abuse

im just giving an echo to murali's voice..

murali

5,723 posts

Posted by murali > 2016-05-10 11:08 | Report Abuse

Lots of jokers are shouting buy buy buy or sell sell sell or boh chow c here everyday

Up_down

4,283 posts

Posted by Up_down > 2016-05-10 11:16 | Report Abuse

Is it meant that those who have been suffering losses as a result relying on OTB's advice paid service are able log a complaint to SC and claim damages from him?

murali

5,723 posts

Posted by murali > 2016-05-10 11:27 | Report Abuse

If that is true OTB may have to go hide with Koon Koon in one of the caves in Ipoh....

stockmanmy

6,977 posts

Posted by stockmanmy > 2016-05-10 11:30 | Report Abuse

if promises are broken, of course the party who suffered losses can sue for compensation or restitution or performance of contract.,,,in a civil suit.

however, if there are no promises of profits or if there are proper disclaimer conditions, it would be difficult for the plaintiff to win in a civil suit.

However, while disclaimer clauses gives protection against civil suits.

disclaimer clauses do not provide any protection against criminal prosecution by the authorities if indeed laws are broken.





Up_down > May 10, 2016 11:16 AM | Report Abuse

Is it meant that those who have been suffering losses as a result relying on OTB's advice paid service are able log a complaint to SC and claim damages from him?

Up_down

4,283 posts

Posted by Up_down > 2016-05-10 11:35 | Report Abuse

Stockmanmy. What if he doesn't have any valid license to provide such paid services?

stockmanmy

6,977 posts

Posted by stockmanmy > 2016-05-10 11:40 | Report Abuse

if the legality of the transaction is doubtful, check with lawyers or with SC....not with me.

However under tort law, if a transaction is based on illegality, the party who has suffered can sue for avoidance of the contract including all moneys paid for the services.

CUTLOST

5,178 posts

Posted by CUTLOST > 2016-05-10 11:43 | Report Abuse

License B Full and D only

Posted by Jonathan Keung > 2016-05-10 13:58 | Report Abuse

you need to be a licensed CFA before you can dish out your financical planning. whether in stocks , unit trust, forex or deriatives. the buyer has to sign an idemnity form that acknowledge the risks of this products.

whether the product makes money is another matter. people can share their thoughts or views (Yes. ultimately you make your own decision ) to buy , hold or sell.

If given another scenario, the buyer as a CFA ask you to invest in foreign currency or commodity thru his account. You lost money ? you still cannot argue in the court of law to claim back your losses. unless he or she has given an undertaking that the product is 100% guarantee ( money back.)

Oh ! i missed out that the get rich scheme also give assurance that 100% money back guarantee. please open up your eyes and ears for scam. if in doubt please check with the relevant agencies ( eg. BNM or liensed commercial banks ) this is my personal view

arv18

2,645 posts

Posted by arv18 > 2016-05-10 14:00 | Report Abuse

This is a real eye opener. Everyone neglects to think about the legal issues!

stockmanmy

6,977 posts

Posted by stockmanmy > 2016-05-10 14:07 | Report Abuse

lots of scams but blogging per se is not a scam. To qualify as a scam, there must be something more than just blogging.

blogging is what people do in a healthy open democracy.

arv18

2,645 posts

Posted by arv18 > 2016-05-10 14:10 | Report Abuse

blogging is fine. nothing wrong with that. I doubt it constitutes financial advise. you need to have some form of contract and payment for such services .. which is why people charging subscriptions could end up in a legal tango.

JN88

11,670 posts

Posted by JN88 > 2016-05-10 14:14 | Report Abuse

You are illegal to call a buy or sell call once the call is right.

Posted by Jonathan Keung > 2016-05-10 14:15 | Report Abuse

i like to read investment blogs ( likewise sometimes i feel the urge to write ) eg say something good about a particular company. you make your own decision to believe or not to believe. same goes for everything in the internet

arv18

2,645 posts

Posted by arv18 > 2016-05-10 14:18 | Report Abuse

@JN88. How sure are you about that? Are you a barrister or solliciter? Can you please present a case study to back up your claim.

hankc

182 posts

Posted by hankc > 2016-05-10 17:41 | Report Abuse

It is not illegal unless you are caught.

kakashit

1,472 posts

Posted by kakashit > 2016-05-10 19:20 | Report Abuse

Those got licence one bring ppl to Holland one wor,they should get arrested and go into jail

Up_down

4,283 posts

Posted by Up_down > 2016-05-10 19:29 | Report Abuse

It's ok so long as they are playing within the rules of the game. How can a person without a license to provide paid services to the public? If no law to control such activities, Ah Too, Ah Kau, Ah Beng also can provide such advisory services. It could mess up the whole investment environment. SC should look into cases of those unlicensed service providers.

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