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NEW QUESTION: 1
The AGRO Mutual Fund invests in aggressive growth stocks of midcap corporations. The fund is running
an advertisement on the radio that informs the listeners that AGRO earned a 22% return last year while
the S&P 500 Index returned only 10%.The ad also contains information regarding how an interested
investor can contain a fund prospectus. Has AGROviolated any securities laws with this advertisement?
A. Yes. Although AGRO provided the return on the S&P 500 as well as its own return, the S&P 500 Index
is comprised of average risk stocks and is not an appropriate benchmark for AGROto use.
B. No. This would be considered a generic advertisement and not an offer to sell.
C. No. In addition to providing the listeners with its own return last year, AGRO appropriately provided the
listeners with a benchmark return; thus there has been no violation of any laws.
D. Yes. AGRO is required to provide information on the specific investments it made to earn that 22%
return, given that the return is unusually high.
Yes. When AGRO runs an advertisement that informs the listeners that it earned a 22%
return last year while the S&P 500 Index returned only 10%, it has violated securities laws because
although the fund provided the return on the S&P 500 as well as its own return, it failed to mention that the
S&P 500 Index is comprised of large company stocks of average risk, which is not an appropriate
benchmark for AGRO to use. The appropriate index is one comprised of similar stocks, such as the
Russell Mid-Cap Growth Index. Furthermore, any advertisement referencing past returns must contain a
statement that past performance is not indicative of future performance.
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