Penny Stocks: What are the Risks and Your Legal Rights after suffering losses?
Penny stocks are equity securities trading below $5 per share, typically on over-the-counter (OTC) markets rather than major exchanges like the NYSE or Nasdaq. The SEC defines them under Securities Exchange Act Rule 3a51-1 and subjects them to heightened disclosure and suitability requirements because of the outsized risks they pose to retail investors. Most penny stocks trade through OTC Markets Group, which oversees more than 12,000 securities across a tiered marketplace. The OTCQX Best Market requires audited financials and excludes penny stocks entirely. The OTCQB Venture Market requires a minimum $0.01 bid price and current reporting. Below these, the Pink Market and Grey Market house securities with limited or no public disclosure—many have no audited financial statements and no obligation to report to the SEC.
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