Paid promotion of a security
SEC §17(b)
Anyone paid to describe a security must disclose that they were paid, who paid and the amount. No intent to mislead is needed for a breach. The disclosure page adds the form of pay, the creator’s holdings declaration and the check result.
- What it requires
- The payer and the amount and form of the pay, stated in the content
- What Videoster does (automatic)
- A fixed disclosure line filled in with the real payer and amount, in the video’s language first and then English; the description’s first line is checked automatically, and a failed check holds the payment
- What it does not do
- Can’t see or hear the video, and doesn’t review what the creator says
Source: Securities Act of 1933, §17(b)
Endorsements
FTC Endorsement Guides
A material connection between a creator and a company must be disclosed clearly and conspicuously, in the language of the content, where viewers will notice it — not only at the end, in small print or behind a link.
- What it requires
- Clear disclosure, in the video’s language, where viewers will see it
- What Videoster does (automatic + signed)
- Required in three places: on screen or spoken at the start (signed by the creator, with a screenshot), first line of the description, YouTube paid-promotion label (both checked automatically)
- What it does not do
- Whether a particular disclosure is clear enough is the company’s counsel’s judgement
Source: 16 CFR Part 255 (revised 2023)
Inside information
MNPI, Rule 10b-5
Trading on, or passing on, material non-public information is fraud. Most briefing processes have no step where someone signs that a brief holds none; on Videoster, checkout records that signature.
- What it requires
- The company shares only public information
- What Videoster does (signed)
- Signed affirmation at checkout, recorded with the email and time; the creator commits to use only public information
- What it does not do
- Can’t read the company’s unreleased information: the affirmation is a signed statement, not a scan
Source: Exchange Act §10(b) and Rule 10b-5
Selective disclosure
Regulation FD
A listed company may not disclose material information to selected people before the public. A creator paid to talk about the company is one of those people, in any language and live as much as recorded.
- What it requires
- No material information shared with one audience before the public
- What Videoster does (signed)
- The same affirmation; earnings-night formats start only after the results are published
- What it does not do
- Whether information is material is the company’s counsel’s call
Source: Regulation FD, 17 CFR Part 243
Offerings and IPOs
Quiet periods
Promoting an offering before and while it is registered is restricted, separately from any disclosure failure. Videoster doesn’t take bookings from a company in an offering quiet period.
- What it requires
- No promotion while an offering is under way
- What Videoster does (signed)
- Asked at checkout: a company in a quiet period cannot book; “unsure” is recorded and shown to the creator before they confirm
- What it does not do
- Doesn’t calculate the window or decide whether one applies
Source: Securities Act of 1933, §5; Rules 163A and 174
Trading around the video
Scalping
Trading ahead of what you publish about a company can be fraud. The no-trade window is Videoster’s default; no rule sets a number of days.
- What it requires
- The creator doesn’t trade the stock around the content
- What Videoster does (signed)
- Holdings declared on confirming and shown on the disclosure page; no-trade window from 30 days before to 30 days after publishing
- What it does not do
- Can’t see a creator’s brokerage accounts; there is no trade surveillance
Source: Securities Act of 1933, §17(a); Exchange Act §10(b) and Rule 10b-5
Company trading windows
Blackout periods
No law sets an earnings quiet period. Companies set their own windows, and theirs may be stricter than Videoster’s default.
- What it requires
- Timing that respects the company’s own policy
- What Videoster does (automatic)
- With a next earnings date, a booking that would publish in the 14 days before it is refused at checkout, and the publish date is checked against that window
- What it does not do
- Knows only the earnings date given at checkout; other windows in the company’s policy are not known
Source: The company’s own policy; 14 days is Videoster’s default, not a legal figure
False or misleading statements
Anti-fraud
Statements about a security must not be false or misleading. The more a company shapes what a creator says, the more the content becomes the company’s own statement — which is why approval covers facts and disclosure only.
- What it requires
- Nothing false or misleading, by statement or omission
- What Videoster does (recorded)
- The company approves facts and disclosure and can flag a figure with its public source; it can’t edit the creator’s wording, which keeps the video the creator’s own view
- What it does not do
- No review of opinions, forecasts or the video’s content
Source: Securities Act of 1933, §17(a); Exchange Act §10(b) and Rule 10b-5
Rules where the creator lives
Local advertising and advice rules
Japan, South Korea, Taiwan, Hong Kong and Singapore have their own advertising-label and investment-advice rules, on top of the US rules.
- What it requires
- Advertising labels, and a licence to advise on securities in some countries
- What Videoster does (information)
- Shows the creator the rules for their country, with sources, in the studio and the room; the disclosure check reads paid labels in nine languages
- What it does not do
- Doesn’t decide whether a creator needs a licence; the rules are information, not legal advice
Source: See “Rules where the creator lives”
Keeping a record
Recordkeeping
- What it requires
- Proof of what was agreed, approved and published
- What Videoster does (recorded)
- An append-only record of every signature, approval, check and payment, kept for seven years; an exportable evidence pack and CSV; a public disclosure page for every paid video
- What it does not do
- Records are never edited, only redacted for a verified erasure request
Source: Videoster’s record policy (Terms §9)
Each rule says how Videoster handles it — automatically, by a signed statement, as a record, or as information — and what it does not do. Videoster provides the workflow, the records and the checks. It is not a broker-dealer, an investment adviser or a law firm, and gives no legal or investment advice; each company and creator remains responsible for its own compliance.