Investor Topics

Concentration & Unsuitability

Two of the most common — and most recoverable — problems behind structured-product losses.

What 'unsuitability' means

An investment is unsuitable when it does not fit your investment profile — your age, time horizon, risk tolerance, income needs, experience, and financial situation. A complex, illiquid structured product recommended to a retiree who needs safety and access to cash is a classic example.

Suitability (now reinforced by Regulation Best Interest) is a cornerstone of securities law. If a recommendation never fit your circumstances, the resulting loss may be recoverable.

The danger of over-concentration

Concentration means too much of your portfolio is placed in a single investment, issuer, sector, or type of product. Diversification exists to limit the damage any one holding can do; concentration removes that protection.

Over-concentration in structured notes — especially notes tied to the same issuer or the same handful of stocks — has driven some of the largest recent investor losses and arbitration awards.

Why these claims succeed

Unsuitability and over-concentration are well-established grounds for recovery in FINRA arbitration. They focus the case on what the broker should have known and done, measured against your actual circumstances — a standard arbitrators understand well.

Talk to a structured products attorney — for free

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