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Investing with OPM

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dcmdinel

Junior Member
Since my earlier thread was closed, I will try to be clearer and concise with a new question.

I would like to borrow from individuals for a pre-determined interest rate for the purpose of my own personal investing. Are there any legal issues or problems with this activity which I should be aware of. Thanks,

Nick
 


dcmdinel

Junior Member
The question I had asked was in regards to the state of new york. So let me ask again.


I would like to borrow from friends and family at a predetermined interest rate for the purpose of my own personal investing. Are there any legal issues with this activity that I should be aware of.
 

JETX

Senior Member
I would like to borrow from friends and family at a predetermined interest rate for the purpose of my own personal investing. Are there any legal issues with this activity that I should be aware of.
Depends... what 'legal issues' are you ALREADY aware of (presuming you realize that they can sue you if you don't repay their loan)!!!
 

dcmdinel

Junior Member
Yes I am aware that I have a contractual obligation to repay the loan with interest and that they can pursue me in court if I cannot. I was interested in knowing if there were any legal implications besides this. Or is this the only problem I need to be concerned about?
 

dcmdinel

Junior Member
If anyone is interested in taking a look I can email them the basic lending contract I have as well. Thanks in advance.
 

cyjeff

Senior Member
I am not sure how Madoff got started, but lets try to stay on topic please
Fine.

You believe you are so smart that you can take people's money and invest it for them and make more money than they can.

You are going to insure their interest rate even though the investments you are making do NOT have a guaranteed payback.

You are setting up a Ponzi scheme. This is illegal in NY.

If you want to become a licensed investment broker, get your S8 and do so. You will also need a business license.
 

dcmdinel

Junior Member
Thanks for the comments, lets try to keep this discussion friendly. Let me elaborate on the context of my question so we can stop making these ridiculous ponzi accusations.

I have been day trading since 2003. I have generated a .5% daily return averaged over the last 2 years. If you chose not to believe, that is fine. Now a number of my family members would like to lend me money at a rate of 5% so that I can day trade full time, something i have always wanted to do.

Therefore I am asking around to see if there is anything else I need to consider. I have set aside a bank account to cover losses using my own funds if losses occur.

Now lets please continue the discussion.
 

dcmdinel

Junior Member
I also posses a valid brokers license in Canada, (not valid here), and do have a business license in state of NY.
 

cyjeff

Senior Member
Thanks for the comments, lets try to keep this discussion friendly. Let me elaborate on the context of my question so we can stop making these ridiculous ponzi accusations.
You want to tell someone how to react, I recommend an attorney that you pay to treat you how you like.

Me, I won't let you sugar coat the fact you are setting up a pyramid scheme.

I have been day trading since 2003. I have generated a .5% daily return averaged over the last 2 years. If you chose not to believe, that is fine. Now a number of my family members would like to lend me money at a rate of 5% so that I can day trade full time, something i have always wanted to do.
You are going to realize a 10 basis point uptick the moment that you are trading with borrowed money?

Therefore I am asking around to see if there is anything else I need to consider. I have set aside a bank account to cover losses using my own funds if losses occur.
Then use those funds to trade. Oh wait, they aren't enough to cover your living expenses.

Then they won't be enough to cover the losses either. You would need an equal amount to the loaned monies. Which you don't have.

Now lets please continue the discussion.
Sure.

Are you guaranteeing a return? How much is your cut? How does the family and friends get their money back out? How much time do they have to give you in terms of notice?

This is a really bad idea in the state of NY. You don't have a license to trade and this will get you sued and arrested.

How is that?
 

dcmdinel

Junior Member
My apologies If I have upset you, I don't think we are on the same page and possibly jumping to conclusions.
I still fail to see how my parents lending me money for a 1 year period constitutes a pyramid scheme? I have put aside 25% of the loan amount as collateral. I really cannot make the pyramid scheme connection here? I am just accepting the downside risk on behalf off the lenders with my own collateral.
 

dcmdinel

Junior Member
No my business license in NY is for an unrelated purpose, there has been no follow through so far with this, I have just started researching.
 
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