65 Flashcards
(1455 cards)
Under the USA, are banks and bank holding companies excluded from the IA definition?
No. Banks, savings institutions, and trust companies are excluded, but bank holding companies are not.
For how long must an IA maintain records?
FIve years
Does the de minimis exemption apply to BDs that have no place of business in a state?
No. The de minimis exemption only applies to IAs and IARs.
When must a federal adviser file an updated amendment to determine continued eligibility for SEC registration?
Within 90 days of the end of the adviser’s fiscal year.
IAs file their applications electronically through the ___________________________________.
IA’s file their applications electronically through the Investment Adviser Registration Depository (IARD).
When are non-material (routine) changes to Form ADV required to be filed?
Routine items require an amendment within 90 days after the end of the IA’s fiscal year.
Who operates the IARD?
FINRA
True or False: An agent of a BD who solicits client trades is not considered an IAR under the USA.
True. There is no indication that the agent is managing accounts and charging a fee.
When does the SEC require an adviser to include its balance sheet in its ADV Part 2?
If the firm has custody of a client’s funds or collects prepaid fees of $1,200 or more, six months or more in advance
If an IA is no longer eligible for SEC registration, it has ____ days to file ADV-W and register at the state level.
If an IA is no longer eligible for SEC registration, it has 180 days to file ADV-W and register at the state level.
An IAR of a federal covered adviser has no office in NY, but has six clients who live in NY. Must he register in NY?
No. IARs of federal covered advisers are only required to register in states in which they have an office.
What is the purpose of an annual updating amendment?
To determine if an IA is eligible for continued SEC registration; it is filed within 90 days of its fiscal year end
What is a client’s right if an IA does not deliver the required brochure 48 hours prior to the signing of the contract?
The client may terminate the contract without penalty within five business days from the signing of the contract.
Does an IA that only accepts clients with at least $1 million under management need to register?
Yes. There is no exemption on the state or federal level if all of an IA’s clients have $1 milllion under management.
True or False: According to the USA, a BD providing asset allocation plans to its clients for a fee is an IA.
True. Since the BD is receiving specific compensation for its advice, it is considered an IA.
Identify the acronym: LATE
Lawyers, Accountants, Teachers and Engineers—these are the professionals excluded from the IA definition.
When does the de minimis exemption from registration apply for an IA that has no place of business in a state?
When an IA has no more than five non-institutional clients who are residents of the state (measured over 12 months)
What is Part 2 of Form ADV?
The portion of an IA’s application that may be used to satisfy the Brochure Rule (disclosure requirement)
An IA is required to deliver the brochure to its clients by no later than the __________ of the contract.
An IA is required to deliver the brochure to its clients by no later than the signing of the contract.
If an IA meets the IA definition in a state, when is it exempt from registration under the USA?
If it has no office in the state and it has institutional clients only OR five or fewer retail clients in the last 12 months
When does an Administrator require an adviser to include its balance sheet in its ADV Part 2?
If the firm has custody of a client’s funds or collects prepaid fees of $500 or more, six months or more in advance
In general, does the USA allow an adviser to charge performance-based fees?
No. However, such fee arrangements may be permitted by rule or order of the Administrator.
True or False: The USA defines a bank providing investment recommendations to its clients as an IA.
False. Banks are excluded from the IA definition.
An IAR with no place of business in a state must register in the state if he has more than ____ retail clients there.
An IAR with no place of business in a state must register in the state if he has more than five retail clients there.