14.6 Governing Law; Arbitration. The formation of this Agreement constitutes the making of this contract within Los Angeles County, California, regardless of the manner, timing or location of delivery or receipt of acceptance of this Agreement. The parties agree that Los Angeles County, California is the exclusive venue for filing any action and hearing concerning disputes arising from or relating to the Products or this Agreement. This Agreement shall be governed by the laws of the State of California excluding conflict of law principles. CUSTOMER AGREES TO ARBITRATE ALL CONTROVERSIES BETWEEN CUSTOMER AND ROSLAND CAPITAL (INCLUDING ANY OF ROSLAND CAPITAL'S CURRENT OR FORMER OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES OR AGENTS) ARISING OUT OF OR RELATING IN ANY WAY TO THE PRODUCTS OR THIS AGREEMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE. THE ARBITRATION PROCEEDINGS SHALL BE KEPT IN STRICTEST CONFIDENCE. THE PARTIES AGREE THAT THE EXCLUSIVE VENUE FOR ARBITRATION PROCEEDINGS, INCLUDING ANY ARBITRATION HEARING, WILL BE LOS ANGELES, CALIFORNIA. THE PARTIES FURTHER AGREE TO THE PERSONAL JURISDICTION OF THE SUPERIOR COURT, LOS ANGELES COUNTY, STATE OF CALIFORNIA, TO ENFORCE THIS SECTION. EACH PARTY AGREES THAT IT WILL SHARE EQUALLY IN THE BASIC ARBITRATION COSTS, INCLUDING ADMINISTRATION FEES AND THE FEES OF THE ARBITRATOR(S). EACH PARTY SHALL BE RESPONSIBLE FOR ITS OWN ATTORNEYS FEES RELATED TO THE ARBITRATION PROCEEDINGS.
I think that insider buying is generally a positive sign, because it means insiders are bullish on the company's stock, believe it is undervalued or mispriced, and believe it will rise. I pay attention to insider transactions carefully and I believe it can help investors outperform benchmark gold indexes, including the VanEck gold miners index (GDX), junior miners index (GDXJ) and the price of gold (GLD).
Exchange-traded funds, or ETFs, are investment companies that are legally classified as open-end companies or unit investment trusts (UITs), but that differ from traditional open-end companies and UITs. The main differences are that ETFs do not sell directly to investors and they issue their shares in what are called "Creation Units" (large blocks such as blocks of 50,000 shares). Also, the Creation Units may not be purchased with cash but a basket of securities that mirrors the ETF's portfolio. Usually, the Creation Units are split up and re-sold on a secondary market.
The process of opening one of these accounts is fairly straightforward. First things first, you’ll need to find a custodian. Because it’s illegal for you to keep the gold yourself, you need a custodian to hold the gold you purchase through your IRA. You can find one by contacting a nearby bank, credit union or trust company. Make sure to do your research and find a company that has a strong track record of well-performing gold IRAs.
The largest gold mining companies boast extensive global operations; therefore, business factors common to many other large companies play into the success of such an investment. As a result, these companies can still show profit in times of flat or declining gold prices. One way they do this is by hedging against a fall in gold prices as a normal part of their business. Some do this and some don't. Even so, gold mining companies may provide a safer way to invest in gold than through direct ownership of bullion. At the same time, the research into and selection of individual companies requires due diligence on the investor's part. As this is a time-consuming endeavor, it may not be feasible for many investors.
14.11 Limitation on Damages. CUSTOMER ACKNOWLEDGES THAT THE DAMAGES AVAILABLE TO ANY PARTY BRINGING AN ACTION UNDER THIS AGREEMENT SHALL BE LIMITED TO ANY ACTUAL CONTRACT DAMAGES AND TORT DAMAGES INCURRED BY THE PARTY AND PROXIMATELY CAUSED BY AND RESULTING FROM THE OTHER PARTY'S ALLEGED BREACH, AND IN NO EVENT WILL ROSLAND CAPITAL’S AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE PRODUCTS OR THIS AGREEMENT EXCEED THE AMOUNT THAT CUSTOMER PAID FOR THE PRODUCTS, LESS THE FAIR MARKET VALUE OF SUCH PRODUCTS. THIS SECTION STATES THE EXCLUSIVE DAMAGE REMEDIES AVAILABLE TO CUSTOMER.
Gold maintains a special position in the market with many tax regimes. For example, in the European Union the trading of recognised gold coins and bullion products are free of VAT. Silver and other precious metals or commodities do not have the same allowance. Other taxes such as capital gains tax may also apply for individuals depending on their tax residency. U.S. citizens may be taxed on their gold profits at collectibles or capital gains rates, depending on the investment vehicle used.
Jason Hall (Royal Gold): Gold mining is a really capital-intensive, expensive business. It's also subject to the whims of gold prices, which can be incredibly unpredictable, since gold speculators -- not gold's utility or commercial value -- can swing the price up and down with little notice or rationality. This is one of the big reasons I generally avoid gold miners.
Gold exchange-traded products (ETPs) represent an easy way to gain exposure to the gold price, without the inconvenience of storing physical bars. However exchange-traded gold instruments, even those that hold physical gold for the benefit of the investor, carry risks beyond those inherent in the precious metal itself. For example, the most popular gold ETP (GLD) has been widely criticized, and even compared with mortgage-backed securities, due to features of its complex structure.
A coin or bar dealer will not buy gold from you at the spot price, as they have to factor in their business overheads. They also have to consider the chance that the bar or coin is not what they think it is. Some rarer coins might be quoted at prices above spot, but in gold bullion products like small bars, Sovereigns or Krugerrands, this usually results in you receiving 2-5% less than the spot price when you come to sell.
When people buy physical gold, they can store it themselves, have someone store it for them or do a combination of both. Some people keep it in a home safe, storage boxes, or in coin capsules at home. Others store it in a safe deposit box at the bank or other secure location. Safe deposit boxes at the bank are affordable but may offer limited access, based on the hours of the financial institution. The bank does not insure the contents of the box, which means separate insurance should be purchased.
Many investors buying gold turn to gold bullion coins from sovereign mints. Gold coins are a popular choice because the weight and purity of the coins are backed by a central bank and sovereign. Moreover, gold coins are produced on an annual basis to meet consumer demand, so there’s rarely a shortage of gold coins available to those investors who want to purchase the precious metal in this form. The following are some of the most popular gold coins for sale:
This is another precious metals streaming and royalty company that is heavily focused on gold. However, the Canada-based company has a more diversified portfolio, with investments in 82 oil and gas projects, of which around 60 are currently in the production stage. Although the company has taken advantage of what it views as positive market conditions to jump into the oil and gas fields, Franco-Nevada plans to retain its focus on metals, with the long-term goal of generating 80% of revenue from precious metals including gold, silver and platinum group metals.