Customer Accounts Flashcards

1
Q

A broker-dealer would be required to register with the SEC as an investment adviser if it

[A] publishes recommendations for the purchase or sale of securities and provides such publications free of charge.
[B] recommends the purchase or sale of a security while acting as a broker-dealer.
[C] provides a financial planning service which includes investment advice to its customers and charges a fee for such services.
[D] makes a market in unlisted securities.

A

[C] provides a financial planning service which includes investment advice to its customers and charges a fee for such services.

If a broker-dealer provides financial planning services and charges a separate fee for such service, it would have to register as an Investment Adviser.
Ch8 Sec3

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2
Q

For purposes of the customer confirmation rule, which of the following is not considered to be a customer?

[A] A bank investment portfolio
[B] An issuer selling a new issue of its securities
[C] A casualty insurance company buying securities for its own account
[D] Individuals who now reside in a foreign country

A

[B] An issuer selling a new issue of its securities

Issuers are not considered to be customers. Customers purchase shares, issuers distribute shares
Ch8 Sec3

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3
Q

Investment Advisor registration would be required for which of the following?

[A] a lawyer, who instructs a client to liquidate securities in order to satisfy financial obligations
[B] a C.P.A. who advises a friend to buy municipal bonds
[C] a registered representative who gives investment advice for a fee
[D] a professor who recommends an investment strategy during a securities class

A

[C] a registered representative who gives investment advice for a fee

Giving advice for any type of management fee or fee based business requires registration as an investment advisor.

Ch8 Sec3

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4
Q

Recommendations to a customer:

[A] Must be approved in advance by a principal.
[B] Must be suitable on the basis of the facts disclosed by the customer regarding his other holdings and his financial situation.
[C] Must be approved in advance by a principal and must be suitable on the basis of the facts disclosed by the customer.
[D] Are not covered by FINRA Rules.

A

[B] Must be suitable on the basis of the facts disclosed by the customer regarding his other holdings and his financial situation.

Recommendations must be suitable according to the client’s financial situation, however prior approval is not required.
Ch8 Sec8

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5
Q

Andy switches from one broker-dealer firm to another. In the process, several of Andy’s clients wish to transfer their accounts to Andy’s new broker-dealer firm. Since Andy has a working relationship with these clients, he wishes to begin to trade in new accounts with these clients prior to completion of new account forms at the new firm. How should Andy’s supervisor handle this situation?

[A] Andy’s supervisor should not be concerned, since rules permit order entry and execution without a new account form all the way up until the time the first statement is sent out to the client.
[B] Andy’s supervisor should be concerned, since rules require a new account form to be completed prior to the execution of any transactions in the account.
[C] Andy’s supervisor should not be concerned, since Andy has a prior business relationship with these clients and since rules permit order entry and execution without a new account form all the way up until the time that the orders in the account are due for settlement.
[D] Andy’s supervisor should be concerned, since rules require a new account form to be completed no later than with confirmation of the first trade in the account.

A

[B] Andy’s supervisor should be concerned, since rules require a new account form to be completed prior to the execution of any transactions in the account.

Whenever a new account is being opened at a firm, the firm and registered representatives must complete a new account form for the client BEFORE or PRIOR TO the execution of a transaction in the account. Andy’s previous business relationship is irrelevant when it comes to rules regarding opening new accounts at a broker-dealer firm.
Ch8 Sec2

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6
Q

Which of the following is not required on a new account form?

[A] Investment objectives
[B] Education
[C] Customer Tax ID Number
[D] Citizenship

A

[B] Education

A client does not need an MBA in order to trade securities, they only need money and an understanding of the transactions that will be executed on their behalf, therefore educational background would not be required
Ch8 Sec2

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7
Q

The opening of a discretionary account under FINRA Rules must be approved by a(an):

[A] Regional President
[B] Sales assistant.
[C] the Member or a designated person of the Member
[D] Registered representative with five years’ experience.

A

[C] the Member or a designated person of the Member

FINRA Rule 2510(b) requires that a Discretionary account be approved in writing by the Member or a Designated person of the Member such as a partner, officer or manager. Registered Representatives cannot act in a supervisory capacity.
Ch8 Sec3

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8
Q

Mrs. Smith set up a Uniform Gifts to Minors Account for her daughter and the custodial account has done very well this past year. The profits and earnings on this account would be reportable on which person’s tax return?

[A] Mrs. Smith’s
[B] Mrs. Smith’s daughter
[C] Mr. Smith
[D] Mr. and Mrs. Smith’s joint tax return

A

[B] Mrs. Smith’s daughter

In a UGMA/UTMA account the child’s social security number is used and the profits and earnings on the account will be filed on the tax return of the minor. These profits and returns are NOT filed on the donor’s or custodian’s return.
Ch8 Sec3

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9
Q

Which of the following statements about discretionary accounts is NOT true?

[A] Discretionary orders should not be excessive in size or frequency
[B] Discretionary account activity must be reviewed by the firm at frequent intervals
[C] Written discretionary authority must be accepted by the firm and held on file before the first trade
[D] Each discretionary order need not be marked as such

A

[D] Each discretionary order need not be marked as such

Each discretionary order must be marked as such. All of the other choices are true.
Ch8 Sec3

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10
Q

Which of the following would NOT be considered an investment adviser according to the Investment Advisers Act of 1940?

[A] A registered representative who gives advice but does not charge clients for the advice.
[B] An accountant who gives specific advice and charges clients for the advice.
[C] A registered representative who handles managed accounts and charges clients a management fee for the management of the account.
[D] A registered representative who handles managed accounts and charges clients a wrap-fee for the management of the account.

A

[A] A registered representative who gives advice but does not charge clients for the advice.

An investment adviser is a person who gives advice and is compensated (including wrap fees) for giving advice but is not compensated based on trade executions.
Ch8 Sec3

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11
Q

One of your clients owns an individual account and does not want any outside influence over the account. The client would like to ensure that probate is avoided in the event that they unexpectedly pass away and has named an immediate family member as the beneficiary of their account. This customer’s needs will be best met by which of the following?

[A] The customer should set up a Joint Tenants with Rights of Survivorship Account.
[B] The customer should set up a Uniform Gifts to Minors Account.
[C] The customer should set up a Transfer on Death agreement for securities in the account.
[D] The customer should set up a Tenants in Common Joint Account.

A

[C] The customer should set up a Transfer on Death agreement for securities in the account.

The customer wishes to maintain control of the account and avoid probate. The only item listed that provides these two objectives is the transfer on death agreement/registration.
Ch8 Sec3

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12
Q

When a client wishes to open an account to trade equities with a broker-dealer firm, certain signatures are required on the New Account Report form. Who must sign the form?

I. The client opening the account
II. The agent opening the account
III. A principal at the broker-dealer

[A] I only
[B] I and II only
[C] III only
[D] I, II and III

A

[C] III only

The principal would be required to sign the new account form but the customer and the RR would not.
Ch8 Sec2

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13
Q

All of the following information is required from an individual customer when completing a new account report form EXCEPT

[A] the customer’s residential street address.
[B] the customer’s employer’s name and address.
[C] verification of the identity of the customer.
[D] the source of funds the customer deposits when opening the account.

A

[D] the source of funds the customer deposits when opening the account.

The source of funds used to open the account is not required. The other information is required.
Ch8 Sec2

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14
Q

What information MUST a telemarketer disclose to the recipient of a cold call according to the Telephone Consumer Protection Act of 1991?

[A] The caller’s and the firm’s names and the firm’s address or telephone numbers.
[B] How the caller got the recipient’s name and telephone number.
[C] The purpose of the call
[D] That the recipient is not on the caller’s do-not-call list.

A

[A] The caller’s and the firm’s names and the firm’s address or telephone numbers.

The Cold Calling rules require telemarketers to disclose the caller’s name, the firms name and the address or telephone number from where the call is being made.
Ch8 Sec1

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15
Q

FINRA Rules state that a broker-dealer cannot carry a securities account for which of the following:

I. A minor
II. In the name of a person other than the customer
III. A principal or officer of another broker-dealer

[A] I
[B] I and II
[C] II and III
[D] All of the above

A

[B] I and II

A broker-dealer cannot carry a securities account in the name of a minor or a securities account in the name of a person other than the customer. However, a broker-dealer can carry a securities account for a principal or officer of another broker-dealer. The broker-dealer for whom the principal or officer works would also be notified prior to the account being established.
Ch8 Sec2

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16
Q

According to the Uniform Gift/Transfer to Minors Act, an individual may do which of the following in this type of account?

[A] Gift an unlimited amount of cash.
[B] Only gift up to $3,000 in cash and $10,000 in securities..
[C] Revoke cash gifts only.
[D] Revoke securities gifts only.

A

[A] Gift an unlimited amount of cash.

There is no limitation on the amount of a gift that may be given to a minor. Any gift made to a minor is irrevocable.
Ch8 Sec3

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17
Q

When reviewing a transfer-on-death registration of an account which one of the following is true?

[A] The securities avoid probate
[B] The securities avoid inheritance taxes
[C] The securities are sheltered from creditors’ claims
[D] The named beneficiary is irrevocably entitled to the securities

A

[A] The securities avoid probate

Transfer on death registration of an account is where the account is in one party’s name but on death the securities in the account go directly to a beneficiary named in a TOD Agreement, thus avoiding probate. The securities do not avoid inheritance taxes or creditors’ claims. The beneficiary designation is revocable.
Ch8 Sec3

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18
Q

A client opens an account and does NOT sign any form of discretionary authority for the registered representative (RR) handling the account. If no authorization is given by the customer in writing, the RR can exercise discretion as to the

[A] type of security purchased, as long as verbal authorization was received that trading day.
[B] time and price at which the order is executed, as long as verbal authorization was received that trading day.
[C] volume of shares purchased, even on a good until cancelled basis.
[D] margin functionality used on the trade, even on a good until cancelled basis.

A

[B] time and price at which the order is executed, as long as verbal authorization was received that trading day.

Registered representatives (RRs) are permitted to exercise time and price discretion in a client's account on a good-for-the-day basis.  Time and price discretion would require the client to specify the action (buy or sell), volume of shares (e.g., 100 shares), and the specific security (e.g., ABC Corp. Common Stock).
RRs are prohibited from exercising discretion in a client's account in relation to the type of security purchased, volume of shares, or use of margin functionality without a written discretionary authorization from the client.
Ch8 Sec3
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19
Q

All of the following are true under the Uniform Gifts to Minors Act EXCEPT:

[A] Only an adult may make a gift under the Act.
[B] Original custodian may be donor.
[C] Securities in a custodial account may be kept in a margin account.
[D] Custodial property may be used for the support of the minor.

A

[C] Securities in a custodial account may be kept in a margin account.

Securities in a custodian account may not be purchased on margin.
Ch8 Sec3

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20
Q

A member firm that carries its own customer accounts is required to send customer account statements at a minimum of quarterly. These statements must include all of the following except

[A] all dividend and interest payments received in the account.
[B] the time of day any order was submitted for execution.
[C] all money credit balances in the account.
[D] the current positions in securities in the account.

A

[B] the time of day any order was submitted for execution.

FINRA Rule 2231 (previously 2340) states that customer account statements must be sent at least QUARTERLY, regardless if there is any trading activity in the account. Execution price would appear on a statement but not the time the order was placed.
Ch8 Sec5

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21
Q

All of the following are true regarding the conduct of customer accounts except:

[A] Stock held in a custodian account may not be held in street name.
[B] A customer may open a numbered account provided a statement attesting to the ownership of the account is signed.
[C] Stock held in joint tenancy with rights of survivorship (JTWROS) escapes federal estate tax liability in the estate of the first to die.
[D] Margin trading in a fiduciary account requires documentation stating that such trading is permitted.

A

[C] Stock held in joint tenancy with rights of survivorship (JTWROS) escapes federal estate tax liability in the estate of the first to die.

All statements are true except c, because JTWROS accounts would still be taxable.
Ch8 Sec3

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22
Q

Which of the following is a benefit of an UGMA account?

[A] Lower tax potential on earnings
[B] Tax deferral on contributions
[C] Tax deductions for the donor
[D] Elimination of tax liability

A

[A] Lower tax potential on earnings

Since the minor may be in a lower tax bracket, there is the potential for lower tax on earnings.
Ch8 Sec3

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23
Q

A “Discretionary Account” refers to a securities account in which:

[A] A customer has authority to choose investments for the firm’s account.
[B] A firm’s employee has authority to choose investments for a customer’s account.
[C] Only unsolicited orders are accepted from a customer.
[D] Discretion is given to a customer concerning when payment will be made for purchases.

A

[B] A firm’s employee has authority to choose investments for a customer’s account.

In a A “Discretionary Account” the registered representative has the right to choose investments for a customer’s account.
Ch8 Sec3

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24
Q

A registered representative would be allowed to participate in a customer’s profits and losses under which of the following circumstances?

[A] A Discretionary account has been established for the customer
[B] The RR gave the customer a written agreement to cover any losses incurred by the customer in a specific transaction
[C] The RR establishes a joint account with the customer
[D] A UGMA account has been established for the customer

A

[C] The RR establishes a joint account with the customer

FINRA Rules state that a registered representative may participate in profits and losses if the RR established a joint account with the customer and shares in profits and losses in direct proportion to their financial contribution into the account.
Ch8 Sec4

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25
Q

Bobby is an RR who intends to make a recommendation to one of his clients, Dianne. In the process of reviewing Dianne’s account information, he looks over her social security number, tax status, investment goals and objectives, risk tolerance, and her other investments. Which of the following is a TRUE statement regarding Bobby making a recommendation to Dianne?

[A] While Dianne’s social security number or tax ID number is pertinent when opening an account, it is not a relevant factor when determining suitability of an investment and making a recommendation.
[B] While the Dianne’s tax status is important to making recommendations, it is not particularly important if she is a high net worth client.
[C] Because Dianne already provided Bobby her investment goals and objectives at the time of account opening, it is not crucial that Bobby review these before making a recommendation.
[D] Because Dianne indicated on the new account form that she has a low risk tolerance Bobby should only recommend Treasurys or CDs.

A

[A] While Dianne’s social security number or tax ID number is pertinent when opening an account, it is not a relevant factor when determining suitability of an investment and making a recommendation.

Though the customer’s social security number or tax ID number is an important part of opening an account, it is not a relevant piece of information when an RR is determining the suitability of an investment or recommendation for a client. Far more important would be the customer’s actual tax status, investment goals and objectives, risk tolerance, and other investments. These should be considered whenever a recommendation is made.
Ch8 Sec2

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26
Q

In order to maintain a margin account, a trust must first:

[A] Be approved by the financial principal
[B] Be permitted to do so in the trust agreement
[C] Be approved by the branch office manager
[D] Have a net worth of at least $2,000

A

[B] Be permitted to do so in the trust agreement

Margin trading is not permitted in a trust account unless the trust specifically permits it.
Ch8 Sec3

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27
Q

Which of the following is FALSE regarding discretionary accounts?

[A] Accounts must be re-approved in writing annually by a principal.
[B] Each discretionary trade must be reviewed by a principal.
[C] The member firm must obtain written approval from the customer before placing discretionary trades.
[D] Each order ticket must be marked “discretionary.”

A

[A] Accounts must be re-approved in writing annually by a principal.

Discretionary account authorizations are good until revoked and do not have to be renewed annually. The other statements are true of discretionary accounts.
Ch8 Sec3

28
Q

A client at the firm is a married woman. She has an individual account and her husband has no authorization within this account. The husband comes to the firm and is clearly distraught. He verbally informs various personnel at the firm that his wife has passed away and that he needs to liquidate her account immediately to pay for memorial services. He insists on leaving with a check that day. How should personnel at the firm proceed?

[A] Personnel at the firm should immediately cancel all open orders and liquidate all securities in the account to allow for the issuance of a check to the client’s husband.
[B] Personnel at the firm should inform the client’s husband that verbal notification of death is not adequate and that legal documentation related to his wife’s death is required prior to any action taking place by the firm.
[C] Personnel at the firm should immediately cancel all open orders and liquidate all securities in the account, but should await legal documentation related to the client’s death before issuing a check to the client’s husband.
[D] After reviewing the client’s documents to determine beneficiaries, personnel at the firm should inform the husband of the account’s balances and let the husband know that only the adult children of the client were named as beneficiaries.

A

[B] Personnel at the firm should inform the client’s husband that verbal notification of death is not adequate and that legal documentation related to his wife’s death is required prior to any action taking place by the firm.

Formal notification of death (death certificate) is necessary for the firm to proceed. Immediate actions based on verbal notification would be against regulations. Discussion of the client’s account balances and named beneficiaries would not be appropriate, given that the husband had no authorizations related to this client’s account. Upon formal notification of death related to a client, the firm’s first action should be to cancel all open orders. Next, the firm should await instructions from the client’s estate.
Ch8 Sec4A

29
Q

Which of the following Individuals would be exempt from registration as an investment adviser if the investment recommendations they offer are solely incidental to their profession?

[A] An agent who sells variable life policies only
[B] Financial Planners
[C] Accountants
[D] Portfolio Managers

A

[C] Accountants

Lawyers, Accountants, Teachers, and Engineers (LATE) who provide investment advice that is solely incidental to the practice of their profession would be exempt from having to register as an investment adviser.
Ch8 Sec3

30
Q

A customer wants to open a cash account with instructions to hold in street name. The RR should explain that fully paid securities in such accounts

[A] can be used by the firm to collateralize bank loans.
[B] can be registered later according to the customer’s wishes.
[C] must be held in the custody of a central certificate service.
[D] are covered by SIPC at the purchase price.

A

[B] can be registered later according to the customer’s wishes.

Although a customer can have their securities held by the firm in safekeeping, the customer should be advised that the securities can be registered later according to the customer’s wishes.
Ch8 Sec4A

31
Q

A registered representative (RR) at the firm receives official notification that one of the RR’s customers has died. Which of the following should be the FIRST action taken by the RR?

[A] Transfer the customer’s assets to the RR’s personal account.
[B] Execute all remaining open orders.
[C] Cancel all remaining open orders.
[D] Liquidate all securities and distribute assets equally to the client’s adult children.

A

[C] Cancel all remaining open orders.

Upon receiving official notification of death of a customer, all open orders should be immediately cancelled in the deceased customer’s account. The transfer of client funds to the RR’s personal account would be illegal. Execution of outstanding orders after notification of death is against industry regulations. Further actions in the account, such as liquidation of securities and distribution of assets, would take place according to a will or instruction from the executor of the client’s estate and would not be an immediate or the first action.
Ch8 Sec4A

32
Q

A broker-dealer must disclose credit terms to customers opening Margin Accounts. The credit terms relating to margin transactions must be given to customers in writing under SEC Rules:

[A] at the time of or before the opening the Margin Account.
[B] At the exact time the Margin Account is opened.
[C] Prior to executing the first margin transaction in the account.
[D] No later than Settlement Date of the first transaction.

A

[A] at the time of or before the opening the Margin Account.

SEC Rules require disclosure to be made by a broker-dealer to a customer concerning credit terms at the time of or before the account is opened.
Ch8 Sec2

33
Q

Pattern day traders are required to

[A] maintain a minimum equity of $25,000 in their margin accounts.
[B] maintain a minimum margin of $2,000 in their margin accounts.
[C] pay for all purchases in full at the time of the trade.
[D] use cross guarantees to satisfy margin calls in their accounts.

A

[A] maintain a minimum equity of $25,000 in their margin accounts.

The minimum margin equity in a pattern day trading account is $25,000. Cross guarantees between different accounts is prohibited for day trading accounts.
Ch8 Sec2

34
Q

A broker -dealer can charge a customer a fair and reasonable fee for all of the following services rendered to the customer EXCEPT:

[A] Execution of a buy or sell order
[B] Custody of customer securities
[C] An appraisal of a security
[D] Forwarding proxy materials

A

[D] Forwarding proxy materials

The general rule is that a broker-dealer may charge its customers a fair and reasonable fees for services rendered. That general rule applies to choices A,B and C. But forwarding proxy materials received from issuers to its customers is an exception to the rule, BDs cannot charge for that service.
Ch8 Sec4

35
Q

An investor, whose investment objective is speculation, would MOSTLY be concerned with which of the following?

[A] Their exposure to reinvestment risk
[B] Their exposure to currency risk
[C] Their exposure to interest rate risk
[D] Their exposure to capital risk

A

[D] Their exposure to capital risk

When purchasing speculative investments, your biggest risk is going to be capital risk. Capital risk is the risk that the investor may lose all or part of the principal invested. When investing in highly speculative companies, this risk is amplified because of the business risk of the underlying company.
Ch8 Sec6

36
Q

A customer wants to open an account for his niece who is a minor. The customer will make a gift of money and securities under the statutes of the Gifts to Minors Act.

Is it allowed under the Uniform Gifts to Minors Act for the uncle to be the custodian of the account?

[A] It is not allowed, only the child’s parents may be custodian.
[B] The uncle can be custodian, provided he is the child’s legal guardian.
[C] The uncle can be both the donor and the custodian under the Gifts to Minors Act.
[D] The uncle can be custodian only if he agrees to purchase securities on a legal list.

A

[C] The uncle can be both the donor and the custodian under the Gifts to Minors Act.

The uncle can be both the donor and the custodian under the Gift to Minors Act.
Ch8 Sec3

37
Q

Broker-dealer firms and their individual brokers who make investment recommendations to their customers have a duty to ensure that their recommendations are suitable based on the customers’ investment profiles. All the following would generally be included in the customer’s investment profile except the customers:

[A] Investment time horizon
[B] Liquidity needs
[C] Risk tolerance
[D] Level of education

A

[D] Level of education

FINRA Rule 2111 requires recommendations to be suitable based on the customer’s investment profile. The official guidance issued with this rule says that the customer’s investment time horizon (the years that the customer plans to be invested), liquidity needs (the ability to quickly and easily convert the investment into cash without a loss of value) and risk tolerance (the ability and willingness to lose some or all of the original investment) are generally included in a customer’s investment profile. The level of a customer’s education is not included.
Ch8 Sec2

38
Q

One of your clients calls you and tells you that she and her husband are getting a divorce soon and that her husband is out of the country on business to China. She also states that she isn’t happy with the way that the market has been moving lately and wishes to liquidate a joint account that is held by her and her husband. She asks that you send the proceeds of the sale to her with a check made out solely in her name. What should you tell her?

[A] You should tell her that you may not proceed with the instructions given until they are verified with her husband.
[B] You should tell her that you may accept her wish to liquidate the account, but that you can only send the proceeds of the sale in joint name because this is a joint account.
[C] You should tell her that you may accept her wish to liquidate the account, but that the proceeds of the account can only be sent out in the name of her husband.
[D] You should tell her that you will liquidate the account and send the proceeds solely in her name as instructed.

A

[B] You should tell her that you may accept her wish to liquidate the account, but that you can only send the proceeds of the sale in joint name because this is a joint account.

Under the circumstances given, and in general, checks from the proceeds of a sale in a joint account must be made out to all of the owners of the account, in this case the husband and wife.
Ch8 Sec2

39
Q

A Registered Representative notices that he executed a trade for an IPO in the wrong account and asks the branch manager to correct the error. When doing the cancel and rebill the manager notices that the account with the error trade in it had a change of address recently. The manager should

[A] Not do the cancel and rebill because of the recent change in address
[B] Move the trade to the firm’s error account
[C] Approve the cancel and rebill
[D] Break the trade and have the RR start over

A

[C] Approve the cancel and rebill

Regardless of whether the account that was used in error had an address change the BOM would still initiate the cancel and rebill so that the trades is put into the correct account.
Ch8 Sec4A

40
Q

A registered representative in your office accidently entered an order for a client using the wrong account number and the order was executed. When are you, the branch manager, required to approve the adjustment or cancellation?

[A] before the trade settles
[B] before the end of the trading day
[C] before the correction is actually made
[D] before the confirmation is sent

A

[C] before the correction is actually made

FINRA rules require that the branch manager approve any changes BEFORE THE CORRECTION IS MADE.
Ch8 Sec4A

41
Q

A customer with a variety of investment products in his account elects to put a Transfer on Death (TOD) agreement in place with relation to his account. Which of the following is TRUE?

[A] The customer should be informed that beneficiaries named in the agreement are permanent.
[B] Assets will automatically be passed to beneficiaries per instructions in the TOD agreement and will avoid being tied up in legalities associated with regulations on assets of a deceased person.
[C] Beneficiaries avoid estate taxes related to the death and subsequent inheritance due to the TOD agreement.
[D] All types of investment products and securities held in the account will be transferred upon the death of the customer.

A

[B] Assets will automatically be passed to beneficiaries per instructions in the TOD agreement and will avoid being tied up in legalities associated with regulations on assets of a deceased person.

With a TOD agreement in place, assets pass to the named beneficiaries in accordance with the TOD, thus eliminating probate (legalities associated with regulations on assets of a deceased person). The customer who puts the TOD in place can modify the beneficiaries who will receive the assets. TOD agreements do not reduce or eliminate estate taxes. Only securities such as common stock, bonds, and mutual funds are typically eligible for TOD agreements, thus it is incorrect to say that all types of investment products and securities will be transferred.

Ch8 Sec3

42
Q

A registered representative receives $15,000 from a customer with instructions to “buy whatever stock you think is the best selection.” This order:

[A] Is discretionary and may not be entered without prior written authorization from the customer.
[B] Must be executed immediately or as soon as possible.
[C] Must be executed before or at the close.
[D] May be accepted as given.

A

[A] Is discretionary and may not be entered without prior written authorization from the customer.

Because the representative will be making all decisions related to the portfolio, discretionary authorization would be required. Time and Price discretion is allowed until the end of day in certain circumstances outside of discretionary accounts, but a registered representative is not allowed to decide on a stock for an account, or quantity of the stock unless the account is discretionary.

Ch8 Sec3

43
Q

Under the Telephone Solicitation Act of 1991, a fax sent to a customer must contain all of the following information EXCEPT:

[A] The date and time the transmission is sent
[B] The identity of the sender
[C] The telephone number of the sender or sending machine
[D] The number of pages in the fax

A

[D] The number of pages in the fax

The Telephone Solicitation Act of 1991 does require date and time of the fax, identity, and number of sender, but does not require the number of pages sent.
Ch8 Sec1

44
Q

Andy switches from one broker-dealer firm to another. In the process, several of Andy’s clients wish to transfer their accounts to Andy’s new broker-dealer firm. Since Andy has a working relationship with these clients, he wishes to begin to trade in new accounts with these clients prior to completion of new account forms at the new firm. How should Andy’s supervisor handle this situation?

[A] Andy’s supervisor should not be concerned, since rules permit order entry and execution without a new account form all the way up until the time the first statement is sent out to the client.
[B] Andy’s supervisor should be concerned, since rules require a new account form to be completed prior to the execution of any transactions in the account.
[C] Andy’s supervisor should not be concerned, since Andy has a prior business relationship with these clients and since rules permit order entry and execution without a new account form all the way up until the time that the orders in the account are due for settlement.
[D] Andy’s supervisor should be concerned, since rules require a new account form to be completed no later than with confirmation of the first trade in the account.

A

[B] Andy’s supervisor should be concerned, since rules require a new account form to be completed prior to the execution of any transactions in the account.

Whenever a new account is being opened at a firm, the firm and registered representatives must complete a new account form for the client BEFORE or PRIOR TO the execution of a transaction in the account. Andy’s previous business relationship is irrelevant when it comes to rules regarding opening new accounts at a broker-dealer firm.
Ch8 Sec2

45
Q

How often must a member firm send a customer an account statement showing the cash and securities positions in the account if there is no activity in the account?

[A] Monthly
[B] Quarterly
[C] Semi-annually
[D] Annually

A

[B] Quarterly

According to FINRA Rule 2231 (previously 2340), regardless if there is trading activity in a customer’s account, statements must be sent to customers at least QUARTERLY.
Ch8 Sec5

46
Q

What should a registered representative emphasize when making investment recommendations to a customer with $25,000 to invest for a child’s future college education?

[A] Tax shelter
[B] Preservation of capital
[C] Steady income
[D] Capital growth

A

[D] Capital growth

A registered representative should emphasize capital growth when making investment recommendations to a customer with $25,000 to invest for a college education.
Ch8 Sec3

47
Q

All of the following are benefits of the Uniform Transfer to Minors Act EXCEPT:

[A] Several children in a family may be included in a single custodial account.
[B] Custodial property may be used for the benefit of the minor.
[C] Cash, securities, life insurance, and annuities may generally be transferred into the account.
[D] The custodian is not required to file a fiduciary tax return.

A

[A] Several children in a family may be included in a single custodial account.

The Uniform Transfers to Minor Act was enacted by the states to facilitate giving gifts to minors. No trust or formal guardianship is required. One custodian and one minor per account are required.
Ch8 Sec3

48
Q

Sam is buying stock in his cash account, which will be given to his nephew, who is a minor. The gift is considered to be completed when

[A] the securities have been paid for.
[B] settlement date arrives.
[C] the securities are registered.
[D] the order is executed.

A

[C] the securities are registered.

The registration of the securities completes the gift to a minor.
Ch8 Sec3

49
Q

A customer asks a registered representative to write an evaluation on a particular company. Which of the following are true?

[A] The evaluation must be initialed by a Principal before being sent out.
[B] The evaluation must be sent to an exchange 10 days prior to being sent out.
[C] The registered representative must have a reasonable basis for the recommendation.
[D] The evaluation can be sent out with the approval of the registered representative only.

A

[C] The registered representative must have a reasonable basis for the recommendation.

An RR must have a reasonable basis for any recommendation. This evaluation would be considered to be correspondence and would not require principal or exchange approval.
Ch8 Sec8

50
Q

Bobby is an RR who intends to make a recommendation to one of his clients, Dianne. In the process of reviewing Dianne’s account information, he looks over her social security number, tax status, investment goals and objectives, risk tolerance, and her other investments. Which of the following is a TRUE statement regarding Bobby making a recommendation to Dianne?

[A] While Dianne’s social security number or tax ID number is pertinent when opening an account, it is not a relevant factor when determining suitability of an investment and making a recommendation.
[B] While the Dianne’s tax status is important to making recommendations, it is not particularly important if she is a high net worth client.
[C] Because Dianne already provided Bobby her investment goals and objectives at the time of account opening, it is not crucial that Bobby review these before making a recommendation.
[D] Because Dianne indicated on the new account form that she has a low risk tolerance Bobby should only recommend Treasurys or CDs.

A

[A] While Dianne’s social security number or tax ID number is pertinent when opening an account, it is not a relevant factor when determining suitability of an investment and making a recommendation.

Though the customer’s social security number or tax ID number is an important part of opening an account, it is not a relevant piece of information when an RR is determining the suitability of an investment or recommendation for a client. Far more important would be the customer’s actual tax status, investment goals and objectives, risk tolerance, and other investments. These should be considered whenever a recommendation is made.
Ch8 Sec2

51
Q

A FINRA member is holding an account in the name of a corporation. In order for the corporation to transfer ownership of its shares, it must first have the signatures of:

[A] all officers of the corporation.
[B] the person authorized to act for the corporation plus documentation of that authorization.
[C] any officer of the corporation.
[D] at least two officers of the corporation.

A

[B] the person authorized to act for the corporation plus documentation of that authorization.

Only the person authorized by the corporation to act on its behalf must sign to transfer the shares. When the broker-dealer opened the account, it would have received notification of who the authorized person would be.
Ch8 Sec2

52
Q

In a Uniform Gifts to Minor’s Account, income received from investments and capital gains is the tax responsibility of the:

[A] Custodian.
[B] Donor.
[C] Minor.
[D] Guardian of the minor.

A

[C] Minor.

Income received from investments and capital gains are the tax responsibility of the Minor.
Ch8 Sec3

53
Q

When obtaining information from a customer for a new account the member firm must obtain all of the following EXCEPT:

[A] Whether the customer is of legal age
[B] The customer’s name
[C] The customer’s address
[D] Form W-9 signed by the customer

A

[D] Form W-9 signed by the customer

A, B, and C must be obtained. A W-9 request for Taxpayer Identification Number is not required.
Ch8 Sec2

54
Q

Which of the following is NOT considered a fiduciary?

[A] Registered representatives
[B] Executors
[C] Guardians
[D] Investment Advisers

A

[A] Registered representatives

Registered representatives do not have a fiduciary responsibility or obligation to their customers. They must, however, always act in the customer’s best interest in accordance with Regulation BI (Best Interest). The other choices all have a fiduciary obligation to a customer or another party.
Ch8 Sec3

55
Q

Corey has held an account at a municipal securities dealer for several years. He will be retiring soon, travelling to Australia and New Zealand for a 2-month trip. He calls his registered representative, Maya, and tells her that while he is traveling, he may not be able to answer calls or respond to communications promptly. Corey also tells Maya that if she has any trading recommendations while he is away, she should execute the trades as she deems appropriate. How should Maya respond to Corey’s instructions?

[A] Because Corey granted Maya permission to trade while he is unavailable, Maya can use discretion as to which trades, if any, should be executed.
[B] Maya should request that Corey sign and return written discretionary authorization prior to her executing any trades in the account.
[C] If the BOM or a principal at the firm monitors the activity in Maya’s account during Corey’s absence, Maya can place orders.
[D] Only during extreme market declines should Maya place any trades in Corey’s account to avoid significant account losses.

A

[B] Maya should request that Corey sign and return written discretionary authorization prior to her executing any trades in the account.

The question does not mention discretionary authority, nor that the account is non-discretionary. Therefore, the first action that the registered representative must take, prior to entering any discretionary orders, is to receive a signed written discretionary trading authorization from the client. This is necessary in order for Maya to comply with Corey’s instructions to buy and sell as she sees fit.
Ch8 Sec3

56
Q

For purposes of the customer confirmation rule, which of the following is not considered to be a customer?

[A] A bank investment portfolio
[B] An issuer selling a new issue of its securities
[C] A casualty insurance company buying securities for its own account
[D] Individuals who now reside in a foreign country

A

[B] An issuer selling a new issue of its securities

Issuers are not considered to be customers. Customers purchase shares, issuers distribute shares
Ch8 Sec3

57
Q

A customer wants to open a cash account with instructions to hold in street name. The RR should explain that fully paid securities in such accounts

[A] can be used by the firm to collateralize bank loans.
[B] can be registered later according to the customer’s wishes.
[C] must be held in the custody of a central certificate service.
[D] are covered by SIPC at the purchase price.

A

[B] can be registered later according to the customer’s wishes.

Although a customer can have their securities held by the firm in safekeeping, the customer should be advised that the securities can be registered later according to the customer’s wishes.
Ch8 Sec4A

58
Q

All of the following securities are subject to reinvestment risk EXCEPT:

[A] Municipal Bonds maturing in one year
[B] Non-callable Corporate Coupon Bonds
[C] Callable U.S. Treasury Bonds
[D] U.S. Treasury Bills

A

[D] U.S. Treasury Bills

Since U.S. Treasury Bills do not pay an investor any “income,” there would be no reinvestment risk.
Ch8 Sec6

59
Q

Under the FINRA rule on cold calling/telemarketing , all of the following are required EXCEPT:

[A] Customer account numbers must be encrypted.
[B] Calls may only be made between 8 am and 8 pm local time of the party called
[C] If cold calling is outsourced to a third party, the broker-dealer must determine if the individual callers must be registered
[D] Broker-dealers must have permission to contact individuals with pre-recorded messages

A

[B] Calls may only be made between 8 am and 8 pm local time of the party called

Under the FINRA rule on cold calling/ telemarketing (Rule 3230), calls may only be made between 8 am and 9 pm local time of the party called. The other choices in the question are required under the rule.
Ch8 Sec1

60
Q

Which of the following can be said if an individual or institutional investor is engaging in frequent trading activity in mutual funds?

[A] The investor is likely hedging other investments.
[B] The investor is using market timing to attempt to maximize results.
[C] The investor is front-running ahead of upcoming larger trades.
[D] The investor is leveraging his accounts.

A

[B] The investor is using market timing to attempt to maximize results.

Market timers attempt to maximize results by trading frequently in and out of investments. Mutual funds are designed for long-term investment. Short-term, rapid, in-and-out trading by investors, especially large investors, can adversely affect long-term investment results for ordinary shareholders. This practice may be illegal when engaged in by member firms or their registered representatives. Hedging is an investment strategy to attempt to reduce or eliminate risk. Leveraging refers to increasing the investment rate of return by investing borrowed funds. Front-running is trading on advance knowledge of non public information.
Ch8 Sec6

61
Q

For what minimum period of time after the closing of any customer’s account must a broker-dealer preserve account cards or records which related to the terms and conditions with respect to the opening and maintenance of the account under FINRA Rules?

[A] 90 days
[B] 1 year
[C] 4 years
[D] 6 years

A

[D] 6 years

FINRA Rules prescribe that broker-dealers preserve for a period of not less than 6 years after the closing of any customer’s account, any account cards or records which related to the terms and conditions with respect to the opening and maintenance of the account.
Ch8 Sec2

62
Q

A registered representative should take all following into account in determining a customer’s financial profile EXCEPT

[A] risk tolerance.
[B] personal income tax rate for the last 5 years.
[C] marital status.
[D] equity in the customer’s home.

A

[B] personal income tax rate for the last 5 years.

To make suitable investment recommendations, the registered representative should learn essential facts about the customer when establishing a customer’s financial profile, including all choices except the personal income tax rate for the last 5 years.
The RR would not be required to determine what the customer’s tax rate was for the last 5 years, but should know about the customer’s current tax status.
Ch8 Sec2

63
Q

Which security has the lowest degree of capital risk?

[A] Warrants
[B] Options
[C] Common stocks
[D] Corporate bonds

A

[D] Corporate bonds

Capital risk is the risk of getting or not getting back the principal you invested. Capital risk is lowest on Bonds because you will at least get back the par value of the bond when it reaches maturity.
Ch8 Sec6

64
Q

In addition to current securities positions, cash balances and any credits for interest or dividends received, all of the following information must be included in a customer’s account statement EXCEPT:

[A] A discrepancy disclosure
[B] An estimated value or par value for unlisted REITs and DPPs
[C] Estimates of annual income and yield unless such estimates would be misleading
[D] Year to date income

A

[D] Year to date income

According to FINRA Rule 2231 (previously 2340), customer account statements must include current securities positions, cash balances and any activity such as interest or dividends credited. Also, the statements must include a disclosure that the customer must report any discrepancies in the statement promptly, an estimated value or par value for illiquid securities, such as unlisted REITs and DPPs, and an estimate of a security’s annual income and yield for the following year, unless such estimates would be misleading. Year to date income does not have to be included in the statement.
Ch8 Sec5

65
Q

One of your clients calls and asks that you sell their position of 1,500 shares in BCD Company at the market value. The client specifies that this is a “not held order”, and approximately fifteen minutes after the order is entered, it is executed at a price of $50 per share. The previous five orders on the tape (1,000, 5,000, 20,000, and 2,500 shares) were executed at a price of $50.25 per share. The client calls in after receiving confirmation of execution and asks why the trade was not executed when the price of the security was still at $50.25. Which of the following statements is TRUE of this situation and trade?

[A] The customer should be given the higher price of $50.25, because of the time that the order was placed, even though the execution was proper at $50.
[B] The customer should receive a check for the difference in price of $375.
[C] The customer should be informed that there was an error when entering their order and should receive the adjusted price because the order “missed the market.”
[D] The customer should be informed that execution of the trade was performed properly and that the price of $50 per share stands.

A

[D] The customer should be informed that execution of the trade was performed properly and that the price of $50 per share stands.

Orders entered as “Not Held” gives the floor broker discretion as to when to execute the order and the floor broker is not held responsible for getting the best price, therefore the price of execution ($50) would have to honored.
Ch8 Sec4A

66
Q

Mr. Jones purchases a B-rated corporate bond maturing in 20 years. Mr. Jones would be least concerned with which of the following risks?

[A] default risk
[B] purchasing power risk
[C] interest rate risk
[D] liquidity risk

A

[D] liquidity risk

Of all the risks listed, liquidity would be the least important. Since the bond is long-term, the default, buying power, and interest rate risks would affect the bond on an ongoing basis.

Ch8 Sec6