Investview Inc. and its wholly owned subsidiary iGenius LLC (the “Company”), is classified as a publisher of financial news and information and therefore exempt from registration with the SEC. This is an exemption provided in the U.S. Securities Investment Advisers Act of 1940. We provide financial research and information to the public, but it is completely at the discretion of the individual as to whether they will use the information or not.
"a publisher of any bona fide newspaper, news column, newsletter, news magazine, or business or financial publication or service, whether communicated in hard copy form, or by electronic means, or otherwise, that does not consist of the rendering of advice on the basis of the specific investment situation of each client."
The Company delivers trade strategy signals, alerts, research, analysis and convenience tools that are sent to subscribing members via email, mobile app, telegram, website membership and any and all other electronic means. There is no customization, review or consultation of the member’s personal financial objectives, situation or need. The member is free to act or not to act on the information provided. All information is provided uniformly to the member base without modification or consideration of any personal situation or need.
United States regulatory as defined by the Securities Exchange Commission and executed by FINRA uses the following criteria to determine eligibility for the exemption:
4. Publishers. Publishers are excluded from the Act, but only if a publication: (i) provides only impersonal advice (i.e., advice not tailored to the individual needs of a specific client); (ii) is “bona fide,” (containing disinterested commentary and analysis rather than promotional material disseminated by someone touting particular securities); and (iii) is of general and regular circulation (rather than issued from time to time in response to episodic market activity).
Reference Source
We provide research, commentary and trade signals for world financial markets which may include but are not limited to: US equities, options, ETF (exchange traded funds), currencies including cryptocurrency and crowd funding.
To further clarify our position as a Publisher, please note the following:
Due to the variety of factors that affect trade performance, the company does not post trade performance and trade results. From time to time, we will review specific trade performance as entered in a live account showing entry/exit and associated profit or loss.
We have the following policies in place regarding the discussion of trade performance of our research and alerts:
The Company works to ensure that members fully understand both performance and use disclaimers. We have a commitment to a “plain language” representation of our disclaimers where all training sessions, recordings, newsletter alerts, emails, website posts, and subscriptions include our detailed disclosure of risk and the use of our products solely at the member’s discretion.
An example of a disclaimer from our presentations:
Persons who choose to purchase a subscription and subscribe to our information research and trade services also accepts additional disclaimers and risk disclosure at the time of purchase.
The Company does not offer automated trade technology. In the past, we offered automated trading as a convenience for FOREX users. The Commodities and Futures Trade Commission reviewed our automated technology and determined that it required a Commodity Trading Advisor. Since we are committed to providing education and not advice, we entered a settlement on the finding from the CFTC and discontinued the use of automated trade services.
We know automated tools are still available in the marketplace as described below, but we ALSO know promotion or use of this automation requires registration and licensing. We do not provide these services and we caution our customers about these types of automated tools.
Example of Automated Trading: A company or an individual trader issues a trade signal. A person pays the company/trader for their signals. The individual then attaches their MT4 enabled forex account to the provider of the trade signal.
Even though the customer attaches their account themselves, and the provider of the signal does not review, monitor or manage the client account, the signal itself is deemed as advice
Therefore, if the signal is deemed investment advice, then the tool requires a Registered Investment or Commodity Trading Advisory.
If a Company customer lacks time to trade for themselves, they may contact SAFE Management LLC, a Registered Investment Advisory and Commodity Trading Advisor. SAFE Management is also owned by Investview Inc. the parent company of iGenius LLC. SAFE Management provides access to “managed” trade services, where SAFE enters, monitors, and exits trades for its advisory clients. safeadvglobal.com
It is extremely important that the user of our education and research information fully understand the risks. Whether it is a newsletter, alert or live trading room, the customer must fully comprehend and embrace the fact that they assume the full financial risk of actions they take. If they are unsure, unclear, have questions or concerns, they should seek answers and practice trade until they are extremely comfortable trading live.
As stated throughout this document, the Company is not a broker, dealer, advisor, fiduciary or registered/licensed financial entity.
We are a publisher of financial information, education and research.
Our members are free to use the information we provide to place trades for themselves with whichever broker they choose.
We do, however, review various brokers and provide “brokers of choice” which are firms that are compliant, under regulatory control, and offer services beneficial to members such as enhanced customer service and additional training to name a few.
Brokers of Choice are not affiliated with the Company, we do not have an agreement, partnership, arrangement or any type of legal association with any of these firms. A “broker of choice” is simply listed to provide our members services and customized programming that may not be available through all brokers.
We also provide our members a list of considerations they should review before they select a brokerage firm which includes but is not limited to:
The Company makes services available from third party providers. When a service is made available, the Company ensures the customer understands they are entering an agreement with a separate and distinct company that will provide them the service they desire. We require our customers to sign and accept an understanding that they are accessing a service from a third party. In spite of these actions, when a third party defaults or fails to provide their service, the customer seeks to hold the Company responsible. The Company is not responsible for third party service providers. We make them available because there is a customer demand, we do our best to perform proper due diligence and explain all associated risks. Further, we ensure our customers accept these risks before moving forward.
It is important for users of services provided by third parties to understand that they become a customer of the third party and that the Company does not have any part to that relationship.
If a customer is uncomfortable with assuming this responsibility, they should not use the third-party service.
The Company now provides members access to virtual currency or “crypto” education webinars, research and alerts. Guidance regarding the cryptocurrency / virtual currency environment is not yet fully determined. The market is emerging, and regulatory guidance is in the process of being developed, changed, and further refined.
The Company is committed to understanding the rapidly changing regulatory environment and desires to ensure all services are within regulatory guidelines. The Company will change, modify or eliminate a service if it is deemed to be outside regulatory guidance.
The following risks should be considered before purchasing, trading or holding virtual currencies:
Unique Features of Virtual Currencies.Virtual currencies are not legal tender in the United States and many people question whether they have intrinsic value. The price of many virtual currencies is based on the agreement of the parties to a transaction. The risks associated with the unique features of virtual currencies should be explained and understood.
Price Volatility.The price of a virtual currency is based on the perceived value of the virtual currency and subject to changes in sentiment, which make these products highly volatile. Certain virtual currencies have experienced daily price volatility of more than 20%. The risks associated with the extreme price volatility of virtual currencies and the possibility of rapid and substantial price movements, which could result in significant losses, should be explained.
Valuation and Liquidity.Virtual currencies can be traded through privately negotiated transactions and through numerous virtual currency exchanges and intermediaries around the world. The lack of a centralized pricing source poses a variety of valuation challenges. In addition, the dispersed liquidity may pose challenges for market participants trying to exit a position, particularly during periods of stress. NFA generally expects the policies and procedures for valuing virtual currency products implemented by CPOs and CTAs to take into account their access to liquidity and the volatility of these markets. The valuation and liquidity risks and the procedures used for valuing virtual currencies and the related risks should be explained.
Cybersecurity.The cybersecurity risks of virtual currencies and related “wallets” or spot exchanges include hacking vulnerabilities and a risk that publicly distributed ledgers may not be immutable. A cybersecurity event could result in a substantial, immediate and irreversible loss for market participants that trade virtual currencies. Even a minor cybersecurity event in a virtual currency is likely to result in downward price pressure on that product and potentially other virtual currencies. The cybersecurity risks associated with engaging in virtual currency transactions should be explained.
Opaque Spot Market.Virtual currency balances are generally maintained as an address on the blockchain and are accessed through private keys, which may be held by a market participant or a custodian. Although virtual currency transactions are typically publicly available on a blockchain or distributed ledger, the public address does not identify the controller, owner or holder of the private key. Unlike bank and brokerage accounts, virtual currency exchanges and custodians that hold virtual currencies do not always identify the owner. The opaque underlying or spot market poses asset verification challenges for market participants, regulators and auditors and gives rise to an increased risk of manipulation and fraud, including the potential for Ponzi schemes, bucket shops and pump and dump schemes. The risks associated with the opaque nature of the underlying or spot virtual currency market should be explained.
Virtual Currency Exchanges, Intermediaries and Custodians. Virtual currency exchanges, as well as other intermediaries, custodians and vendors used to facilitate virtual currency transactions, are relatively new and largely unregulated in both the United States and many foreign jurisdictions. Virtual currency exchanges generally purchase virtual currencies for their own account on the public ledger and allocate positions to customers through internal bookkeeping entries while maintaining exclusive control of the private keys. Under this structure, virtual currency exchanges collect large amounts of customer funds for the purpose of buying and holding virtual currencies on behalf of their customers. The opaque underlying spot market and lack of regulatory oversight creates a risk that a virtual currency exchange may not hold sufficient virtual currencies and funds to satisfy its obligations and that such deficiency may not be easily identified or discovered. In addition, many virtual currency exchanges have experienced significant outages, downtime and transaction processing delays and may have a higher level of operational risk than regulated futures or securities exchanges. If virtual currencies are traded or held through an exchange, intermediary or custodian, then the risks associated with engaging in these transactions should be explained.
Regulatory LandscapeVirtual currencies currently face an uncertain regulatory landscape in the United States and many foreign jurisdictions. In the United States, virtual currencies are not subject to federal regulatory oversight but may be regulated by one or more state regulatory bodies. In addition, many virtual currency derivatives are regulated by the CFTC, and the SEC has cautioned that many initial coin offerings are likely to fall within the definition of a security and subject to U.S. securities laws. One or more jurisdictions may, in the future, adopt laws, regulations or directives that affect virtual currency networks and their users. Such laws, regulations or directives may impact the price of virtual currencies and their acceptance by users, merchants and service providers. The risks associated with the current regulatory landscape for virtual currencies should be explained.
Technology.The relatively new and rapidly evolving technology underlying virtual currencies introduces unique risks. For example, a unique private key is required to access, use or transfer a virtual currency on a blockchain or distributed ledger. The loss, theft or destruction of a private key may result in an irreversible loss. The ability to participate in forks could also have implications for investors. For example, a market participant holding a virtual currency position through a virtual currency exchange may be adversely impacted if the exchange does not allow its customers to participate in a fork that creates a new product. The risks posed by this nascent technology should be explained.
Transaction Fees.Many virtual currencies allow market participants to offer miners (i.e., parties that process transactions and record them on a blockchain or distributed ledger) a fee. While not mandatory, a fee is generally necessary to ensure that a transaction is promptly recorded on a blockchain or distributed ledger. The amounts of these fees are subject to market forces and it is possible that the fees could increase substantially during a period of stress. In addition, virtual currency exchanges, wallet providers and other custodians may charge high fees relative to custodians in many other financial markets. The impact of these transaction fees on performance should be explained.
The Company offers an optional bonus plan to members who would like to actively sell our services to others. Compliance and governance over the actions of the Independent Distributor is critical to our operations, reputation and overall customer satisfaction.
Our Distributors are governed by an extensive policy & procedures manual:
iGenius Policies & ProceduresViolations of policy are taken very seriously and could result in the termination of a Distributor Agreement.
With today’s instantaneous access to information, the ability for us to police and scrutinize each post, tweet, video or comment regarding our services is challenging. We are continually deploying additional technologies to assist in automating web searches for compliance infractions.
In many cases, we find that individuals and users of our services only have a common understanding of terms and not the impact and meaning certain words have in the regulatory environment. Use of the words, “advice, automatic, opportunity, etc.” seem harmless to those who are speaking in plain terms. Therefore, we have a commitment to compliance education of our Distributors to ensure their awareness and implications of using such words when discussing our products and services. We are continually adding additional courses, personnel and expanding our discussions of the regulatory environment.
The subject of compliance is extensive and rapidly changing. At times, even professional legal resources are in conflict as to the interpretation of newly implemented regulations. Despite these complexities, the Company is committed to conformance to all regulatory guidance and full transparency of our product performance and operations.
In addition to the a forementioned procedures, we strive to maintain an A rating with the Better Business Bureau and other third-party reporting agencies such as Dun & Bradstreet.
If anyone reading this document believes a policy violation has been committed, or if you have general questions regarding this document we urge you to contact us directly by emailing us at:
compliance@iGeniusglobal.com
iGenius
459 North 300 West Suite 15B
Kaysville, UT
84037
The effective date of this Products and Services Regulatory Compliance is January 1st, 2021.
