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Open an investment company – How to take the profits -?

Hypothetical question

If one person, like a daily trader can make about 5% profit a month in buying and selling many stocks, decides to open an investment office, wich people would deposit money in his company and he would buy and sell stocks under his business.

Let’s say he has 10 clients who deposited $100,000.00 in total, and he made 5% profit in one month.

It is legal for him instead of earning comission or other fees from customers, get, let’s say about 3% of the profits and give the remaining 2% for the clients?

I have limited knowlegde on trading and SEC rules but in general business, if I ask you to invest $100000 in me and promise you in some type of contract that I will take 60% (that’s what your 3% amounts to) of the profit and you take the remaining 40% that your money will make, there is nothing illegal about that.
The ‘contract’ mentioned above would be some type of prospectus explaing the risk and so forth. You should contact the SEC to find out how to do that.

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