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STOP LOSS ORDER
John Smith
1234 Investor St.
Los Angeles, CA 90024
(213) 000-0000
Date
National Association of Securities Dealers, Inc.
Arbitration Department
33 Whitehall Street
New York, New York 10004
Re: Statement of Claim and Request for Simplified Arbitration
John Smith, Claimant and
William Jones and XYZ Brokerage Company
Dear Sir or Madam:
Please accept this letter as my Statement of Claim and request
for arbitration under the Small Claims rules of the Code
of Arbitration Procedure. Also included is my Uniform Submission
Agreement.
My name is John Smith and I live in Los Angeles County,
California. I am 30 years old and am employed as a computer
programer. I am bringing this claim against Respondent William
Jones, a registered representative employed by Respondent
XYZ Brokerage Company.
XYZ Brokerage Company (XYZ) does business in the State of
California as a securities broker-dealer and maintains a
branch office in Los Angeles, California. Its office is located
at [This refers to the address of the branch used by the
customer].
Before I met William Jones, my only previous investing experience
was in mutual funds bought through my employer's payroll
plan.
About the first week of May 1, 1996, Mr. Jones called me
to introduce himself and he suggested that I make an investment
in ABC Company. Mr. Jones told me that ABC was a company
that specialized in recycling plastics, and that the company
was coming out with a new product which Mr. Jones said would
revolutionize recycling. Mr. Jones promised me that the stock,
which was trading at $15 per share, would rise to at least
$22 per share in a few months.
After talking to Mr. Jones, I agreed to buy the stock, but
only on the condition and with the understanding, that Mr.
Jones would enter a limit order to sell at $13 per share
to minimize my risk. I had told Mr. Jones that I had never
made an investment like the one he suggested before and that
I could not afford to risk much money. Mr. Jones told me
that there was a way to guarantee that, if the stock went
down, my risk would be limited. Mr. Jones then explained
to me that he could put a limit order on the stock to sell
it at $13 per share and, based on his assurance that he would
do that, I agreed to purchase the stock. Attached is a copy
of the confirmation slip sent to me by Mr. Jones and XYZ.
(Exhibit A). [Exhibit A, in this case, would be a copy of
the relevant monthly statement or confirmation slip showing
the purchase]. Mr. Jones had assured me that the stock would
rise to $22 per share and that, even if it didn't, I could
never lose more than $2 per share.
About the first week of June, I was reading the newspaper
and there was an article about ABC company. The article said
that the ABC product that Mr. Jones had told me about would
not be completed at the time ABC had originally announced.
The article went on to say that the price of ABC stock had
dropped to $8 per share as soon as the company announced
that its new product would not be completed on schedule.
I was disappointed
that the price of the stock had dropped, but I didn't worry
too much because I knew that there was
no way I could lose more than $2 per share because of the
limit order. I was shocked when Mr. Jones called me later
that day and said: "I forgot to put on the stop. You
lost $7,000." (Exhibit B). [Exhibit B would be a copy
of the statement or confirmation showing the sale].
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