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David Stewart
David Stewart, Attorney
Category: Legal
Satisfied Customers: 183
Experience:  Highly experienced attorney Commercial Law, Litigation, Intellectual Property Law, and Family Law
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How much regulation is involved in starting an ETF fund that

Customer Question

How much regulation is involved in starting an ETF fund that aims to mirror a group of cannabis related OTC stocks (penny stocks)?
Submitted: 1 month ago.
Category: Legal
Expert:  David Stewart replied 1 month ago.

Hello: sorry to see your question has been sitting so long. Starting an ETF fund is a highly regulated venture due to the federal laws intended to protect inventors if you intend to offer the fund to others to invest in. However, if you are simply seeking to invest in cannabis related stocks as a group you could set up an "ETF" for those investments as your own investment model and to do that you just need an investment account that allows you to invest in OTC stocks or penny stocks, pick the stocks you want to invest in, and then divide your investment into equal shares and invest like an ETF. I am including some links below to articles that discuss starting such a fund for your consideration.

http://www.etf.com/publications/journalofindexes/joi-articles/2305.html?nopaging=1

http://www.thinkadvisor.com/2015/01/22/so-you-want-to-launch-your-own-etf

http://www.investopedia.com/articles/investing/040115/how-create-your-very-own-etf.asp

Customer: replied 30 days ago.
Hi there,This answer isn't quite what I was looking for.. I understand how to diversify a portfolio. What I want to understand is what steps I have to take in order to set up a SEC-regulated security like an ETF or what loopholes exist to get around it (e.g. selling to accredited investors)
Expert:  David Stewart replied 30 days ago.

Okay, thank you for your follow up. I am not willing to type out a treatise on how to comply with laws to start an ETF for you so I will suggest you hire an attorney and have them take the time to walk you through the options and expense associated with doing so. I am also going to opt out to see if another attorney would like to educate you on the subject. All the best, David

Expert:  David Stewart replied 27 days ago.

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