Series 65 Flashcards
(80 cards)
What is an Agency Cross Transaction?
When is it prohibited?
When an investment adviser, affiliated with or under control of a BD, represent both sides of a transaction. Advisory fees and commissions are earned.
Prohibited when the securities have been recommended to both parties by the adviser. Written client approval also required.
Working Capital =
Current assets - current liabilities
When is a Broker Dealer not defined as such.
When they have no place of business in the state and it’s only business is with institutions, other BDs and underwriting issuers. There is no de minimis exemption, so any solicitation of individuals would require registration in said state.
Correlation coefficient between 2 securities that offers the most diversification.
Coefficient between 2 securities with no correlation.
-1
0
When registering a security under the uniform securities act, what 5 things must be included.
- Amount of securities to be issued
- States it will be offered in(but not the amount)
- Adverse judgements
- Anticipated effective date (actually date is decided by the SEC or Admin.)
- Anticipated use of proceeds
Does a BD need to be registered in every state they do business in?
Yes. Both the BD and Agent must be registered in the state the client is a resident of.
What is rescission?
How long does the customer have to accept or deny the rescission?
Return of a customers money plus interest and minus any money received from the investment. Customer has 30 days to accept or reject, then all rights of recovery are forfeited.
What are the two exemptions to the adviser brochure disclosure under IAA act 1940
If the client is an Investment Company (Open and Closed end)
If the advice being rendered is impersonal and is less then $500
What’s is the Internal Rate of Return (IRR) and what is it used for.
IRR is the discount rate that’s makes the future value of an investment equal to its present value.
So there must be a maturity date or some time of end date for this to be calculated.
Under the NASAA model custody rule, What are the 2 instances when it is unlawful for an IA to have custody of client funds.
Administrator, by rule, prohibits it.
If no rule is in place, IA fails to notify the Admin he has or may have custody
When can an IA lend money to a customer?
Only when the loan is made through a regulated lender such as an affiliated BD or affiliated bank.
What is the difference between an Administrators rule and an Administrators order?
Rules apply to everyone
Orders apply to specific BDs or IAs
Gross Profit =
Sales(Revenues) - Cost of Goods Sold
When depreciation expense is directly related to equipment used in production of the sales, it is included in the COGS
Andy committed a felony in state A. That crime is only considered a misdemeanor is state B. If applying for an agent role in state B. The Administrator will consider the crime a…?
Felony. Due to lack of uniformity in date criminal laws, the Administrator can only go by what is on the persons record.
What are the 5 basic items, if received as soft dollar compensation, that qualify for Section 28(e)’s safe harbor.
Research reports analyzing a specific company or stock Financial newsletters Analytical software Seminars/Conferences/etc Effecting and clearing trades
An agent of a BD is leaving his company for another BD, who must notify the Administrator?
All parties. The BD, the agent, and the new BD.
BDs with an office in the state must register regardless of…
Their clientele (Institutions, other BDs, banks, etc.)
Under the USA, when can an unregistered agent of a BD sell securities?
Never, it’s is unlawful for a person to transact business on behalf of a BD unless registered as an agent. Only individuals selling on behalf of an issuer may qualify for an exemption.
BDs, and the secondary market at large, are regulated by what Act?
Securities Exchange Act of 1934
BDs must retain records for ___ years?
IAs must retain records for ___ years?
3 years for BDs
5 years for IAs
Under the Uniform Securities Act, the following 4 are excluded form the definition of an offer or sale.
- Bona fide pledge or Loan
2-Act incident to a judicially approved reorganization where securities are issued in exchange for outstanding shares - Gift of nonassessable stock
- Stock dividends and splits
BAGS
How many days does a registered person have to appeal any disciplinary finding by the administrator?
60 days
Penalties for criminal offenses under the USA carry what maximums and statute of limitations?
5-5-3
5 year statute of limitations, $5000 max fine, 3 year max jail time.
A Wrap Fee account is?
An advisory program generally established by a BD under which a specific fee/fees, not based on transactions in a clients account, is charged for advisory services and the execution of client transactions.