Are American Eagle $20 gold coins considered “securities”, requiring dealers to be licensed to sell them as such?
No. Securities brokers/dealers in the United States are licensed to broker debt and equity in corporations. (There are additional, commodities licenses to broker derivatives.) $20 American Eagle coins, or any other type of physical currency or physical precious metals can be traded or brokered by anyone without a specific license (except maybe a sales tax registration). The only situation where a securities license would be required is if a legal entity is holding the coins and you deal/broker an interest in that legal entity. For example, dealing in SPDR Gold Shares or a similar structure holding either physical assets or the right to purchase those assets (like a commodity pool) would require a securities and/or commodities dealing license.
And just as easily, someone could find a reason for such a derivative to exist.  Let's say I'm a vendor of memorabilia for a given sports team, but unlike most vendors I'm only a vendor for a particular team.  Given that there is a large lead time between orders placed and memorabilia received (perhaps on the order of a month between order and receipt), it is inherently risky to order large orders towards the end of a season.  However, if they're going to be in the playoffs, there's a huge opportunity to sell, but if they don't, you'd be left with tons of surplus inventory.  So, wouldn't it be handy for there to be a way to hedge that risk?    We've actually seen times when such things aren't unreasonable.  Large risks are [hedged away](http://online.wsj.com/article/SB10001424052702303877604577380593015786140.html), even in sports. "The fact that your shares are of a Canadian-listed corporation (as indicated in your comment reply) and that you are located in the United States (as indicated in your bio) is highly relevant to answering the question. The restriction for needing to be a ""qualified institutional buyer"" (QIB) arises from the parent company not having registered the spin-off company rights [options] or shares (yet?) for sale in the United States. Shares sold in the U.S. must either be registered with the SEC or qualify for some exemption. See SEC Fast Answers - Securities Act Rule 144. Quoting: Selling restricted or control securities in the marketplace can be a   complicated process. This is because the sales are so close to the   interests of the issuing company that the law might require them to be   registered. Under Section 5 of the Securities Act of 1933, all offers   and sales of securities must be registered with the SEC or qualify for   some exemption from the registration requirements. [...] There are regulations to follow and costs involved in such registration. Perhaps the rights [options] themselves won't ever be registered (as they have a very limited lifetime), while the listed shares might be? You could contact investor relations at the parent company for more detail. (If I guessed the company correctly, there's detail in this press release. Search the text for ""United States"".)" "There are a few people that do this for a living. They are called ""market makers"" or ""specialists"" in a particular stock. First of all, this requires a lot of capital. You can get burned on a few trades, a process known as ""gambler's ruin,"" but if you have enough capital to weather the storm, you can make money. Second, you have to be ""licensed"" by the stock market authorities, because you need to have stock market trading experience and other credentials. Third, you are not allowed to buy and sell at will. In order to do your job, you have to ""balance the boat,"" that is buy, when others are selling, and sell, when others are buying, in order to keep the market moving in two directions. It's a tough job that requires a lot of experience, plus a license, but a few people can make a living doing this." "Yes. ""There is, ...no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services."" Taken from the US Department of the Treasury." Probably.  It sounds like you're looking for a 1031-exchange for stocks and bonds.  From the wikipedia page for 1031-exchanges: To qualify for Section 1031 of the Internal Revenue Code, the properties exchanged must be held for productive use in a trade or business or for investment. Stocks, bonds, and other properties are listed as expressly excluded by Section 1031 of the Internal Revenue Code, though securitized properties are not excluded.  1031-exchanges usually are applicable in real estate. "It's not consistent across the states. Most states have some implementation of these functions but fully regulated states don't have all of them and many are ""functions"" but are owned by the same entity.  Look at the southeast, the rockies, the PNW, AZ there are zero or few opportunities for merchant anything." Assuming US,but the principles apply in many (not all) places: If the bills are legitimate and issued by the federal government, they're legal tender and you can spend or deposit them. Old bills, especially silver certificates,  may be worth more than their face value to collectors (or may not).  Bills issued by banks, by the confederate states, or something like that have only collector's value (which will vary depending on exactly what they are and their condition). The value of money from another country will depend on the issuing country and exchange rates, of course. There's nothing wrong with windfall cash. The IRS may ask some nosy questions about it to make sure you aren't trying to hide something, but if you aren't deliberately trying to cheat them or hide something illegal that's generally harmless at worst. "It sounds like maybe you want an ""investment club"".  As defined by the SEC: An investment club is a group of people who pool their money to make investments. Usually, investment clubs are organized as partnerships and, after the members study different investments, the group decides to buy or sell based on a majority vote of the members. Club meetings may be educational and each member may actively participate in investment decisions. These ""typically"" do not need to register: Investment clubs usually do not have to register, or register the offer and sale of their own membership interests, with the SEC. But since each investment club is unique, each club should decide if it needs to register and comply with securities laws. There's more information from the SEC here: http://www.sec.gov/investor/pubs/invclub.htm The taxes depend on how you organized the club, i.e. if you organize as a partnership, I believe that you will be taxed as a partnership. (Not 100% sure.)  Some online brokerages have special accounts specifically for investment clubs.  Check around." For Canada No distinction is made in the regulation between “naked” or “covered” short sales. However, the practice of “naked” short selling, while not specifically enumerated or proscribed as such, may violate other provisions of securities legislation or self-regulatory organization rules where the transaction fails to settle. Specifically, section 126.1 of the Securities Act prohibits activities that result or contribute “to a misleading appearance of trading activity in, or an artificial price for, a security or derivative of a security” or that perpetrate a fraud on any person or company. Part 3 of National Instrument 23-101 Trading Rules contains similar prohibitions against manipulation and fraud, although a person or company that complies with similar requirements established by a recognized exchange, quotation and trade reporting system or regulation services provider is exempt from their application. Under section 127(1) of the Securities Act, the OSC also has a “public interest jurisdiction” to make a wide range of orders that, in its opinion, are in the public interest in light of the purposes of the Securities Act (notwithstanding that the subject activity is not specifically proscribed by legislation). The TSX Rule Book also imposes certain obligations on its “participating organizations” in connection with trades that fail to settle (see, for example, Rule 5-301 Buy-Ins).  In other words, shares must be located by the broker before they can be sold short. A share may not be locatable because there are none available in the broker's inventory, that it cannot lend more than what it has on the books for trade.  A share may not be available because the interest rate that brokers are charging to borrow the share is considered too high by that broker, usually if it doesn't pass on borrowing costs to the customer.  There could be other reasons as well. If one broker doesn't have inventory, another might.  I recommend checking in on IB's list.  If they can't get it, my guess would be that no one can since IB passes on the cost to finance short sales. The price for securities is negotiable.  You totally have a right to make a lower offer when buying or ask for a higher price when selling.    Securities don't trade at a fixed price, the price goes up and down throughout the day based on the price offers made by buyers and sellers and where they find agreement. If a stock last traded for $10, someone can put out an offer to buy the stock at $9.50, if they find someone who wants to sell and will accept that price, then a deal is made. unless something is falling rapidly in price however, an offer that far below the last price is not terribly likely to be accepted. Now if you want to be assured of making a sale or purchase, you generally trade 'at the market' and for small time players that is very much encouraged as it makes it easier for everyone. "Apartment complexes have had a long history of not accepting cash for payment of rent. This eliminates the problem of robbery and strongly reduces the risks of embezzlement.   THIS NOTE IS LEGAL TENDER FOR ALL DEBTS, PUBLIC AND PRIVATE  Article 1, Section 10 of the US Constitution states:   No State shall ... make any Thing but gold and silver Coin a Tender in Payment of Debts Previous editions of banknotes stated that the notes were redeemable in gold or in lawful money. The Mint Act of 1792 set gold and silver as legal currency (and that one did not have to accept ""base metal coins"" for more than $10 which is why coin rolls only go up to $10). The Coinage Act of 1873 dropped silver and made gold the legal standard for currency. In 1933, the ""redeemable in gold"" was changed by federal statute and the legend you mention was added. Prior to 1933, someone could demand that you pay them in gold and not with a bank note. Legislation in 1933 ended that. This clause in the Constitution leads some political groups to wish to return to a gold standard. I recommend reading the book Greenback as it describes how our currency got the way it did and why that clause appears on currency." "And you have hit the nail on the head of holding gold as an alternative to liquid currency. There is simply no way to reliably buy and sell physical gold at the spot price unless you have millions of dollars. Exhibit A) The stock symbol GLD is an ETF backed by gold. Its shares are redeemable for gold if you have more than 100,000 shares then you can be assisted by an ""Authorized Participant"". Read the fund's details. Less than 100,000 shares? no physical gold for you. With GLD's share price being $155.55 this would mean you need to have over 15 million dollars, and be financially solvent enough to be willing to exchange the liquidity of shares and dollars for illiquid gold, that you wouldn't be able to sell at a fair price in smaller denominations. The ETF trades at a different price than the gold spot market, so you technically are dealing with a spread here too. Exhibit B) The futures market. Accepting delivery of a gold futures contract also requires that you get 1000 units of the underlying asset. This means 1000 gold bars which are currently $1,610.70 each. This means you would need $1,610,700 that you would be comfortable with exchanging for gold bars, which: In contrast, securitized gold (gold in an ETF, for instance) can be hedged very easily, and one can sell covered calls to negate transaction fees, hedge, and collect dividends from the fund. quickly recuperating any ""spread tax"" that you encounter from opening the position. Also, leverage: no bank would grant you a loan to buy 4 to 20 times more gold than you can actually afford, but in the stock market 4 - 20 times your account value on margin is possible and in the futures market 20 times is pretty normal (""initial margin and maintenance margin""), effectively bringing your access to the spot market for physical gold more so within reach. caveat emptor." Gold is not legal tender. I can't walk into Walmart and buy groceries with 1/20 ounce of gold. I can't buy a TV or car with gold. And you can't *buy* money--that's not how it works.  I can sell a barrel of oil or a whatever of copper in any currency, but that doesn't make either of them currencies in and of themselves. "First of all, it is absolutely **not** constitutional for any branch of the US government to outsource its primary functions to a private corporation.  But, more to your point, the constitution provides that ""no state shall make any thing but gold and silver coin a tender in payment of debts.""  They will argue that Federal Reserve notes are unbacked, that taxes are voluntary, that Washington D.C. is not a state, that the FED is not private, or even (sometimes) that the gold standard is still in force.  But each of those is contradicted by their actions." At one point it was illegal to melt silver coins in the US, but it is legal now.  I don't know that will happen with copper coins, but that's what happened with silver coins. Accumulating nickels and leaving them as-is (in their spendable state) is legal.  It's also a way to take physical ownership of copper. I expect to see more sales of nickels based on weight.  People are already selling high-copper-content cents on eBay, by weight.  There are machines in production that sort the zinc ones from the copper ones.  Gresham's Law has small business backing. ;) Copper cents are already worth twice their face value in the copper content.  Nickels will get up there, too. They are awfully heavy and bulky relative to their value, though.  Precious metals give you better bang for your ounce.