Tutor Q Bank Flashcards
(148 cards)
Rules on 2 Agents Splitting the commission on a client
Doesn’t - have to be in writing
Doesn’t - Need Client Approval
Does - Need to not Increase the overall cost to the client
Does - Need to be by agents who are in the same company
OR
Agents who are in the same Direct/Indirect Common Control (Parent company’s Family)
Common Control
Parent Company Owning 1 or more child companies
Agents splitting commissions need to be within the same common control
Test Tip:
Especially with law questions, always think of which rule they are quizzing you on (That can help narrow down the choices)
Test Tip:
Especially with law questions, always think of which rule they are quizzing you on (That can help narrow down the choices)
Requirements for 3rd party trading Authorization
Must be in writing from the client themself
(Oral is NEVER accepted)
(Email is accepted because that’s a form of writing)
OR
From some type of Court Order
When you See NASAA think
State level Not Federal
Performance Based Fee
!!!Different from participating in the Gains/Losses of Client Account
ie: if you get a client a +10% return then you charge an additional fee of ___% for all the returns above that amount
Only based upon the gains of the account never the losses
State Requirements for a
Performance Based Fee
Client Must have:
$1.1 million in AUM (with you) for that single account
OR
$2.2 million in Net Worth
$ amount of Net Capital Required in most states for a IA with Custody of clients Funds
$35k
(probably wont be directly tested on in the test)
Right of Recission
Undoing something you did for your client
They cant take legal action if they agree
You must pay back all $ with interest to them
If client doesn’t respond to it within 30 days the right is terminated
In What Time Frame Must
Advisors Send Clients Statements
Quarterly
When Must an IA do a surprise Audit
1/year
and only if they have custody of clients funds
How long do IA need to keep Copies
All Confirmations Sent To Client
For 3 years
(I’m assuming that from time the Confirmation was sent to client)
How long do IA need to keep Copies
All Communications Sent To Client
Forever
until
5 years after the clients account has been closed
How Frequently do
IA Manuels need to be reviewed
Once Per Year
ALL IA MANUELS
What types of
education requirements
do IA’s need to disclose in their manuals
Any Continuing Education Requirements
NOT any prior employment education that was required
(if the employee got the job they already looked into that)
IA - Rules on Showing Off their
Clients Account Performance
in promotional materials
Cannot - State the specific performance of a single account/client
Can - State their overall AVERAGE performance (not client/account specific)
Should be backed up with disclosure that past performance doesn’t guarantee future performance
(Cannot be specific to a client or account - otherwise they could just cherry-pick their best performers)
IA - When ok to
Disclose Clients Accounts Info
Either:
-Court Orderd
or
-Client gives permission IN WRITTING
(but still cant use that in promotional materials)
IA send a buy order to BD that bundles multiple client accounts
During the transaction process the Price of the security fluctuates a couple times
How does the BD Distribute those price changes back to the IA’s Clients
Each Client gets the:
AVERAGE COST BASIS
for the transaction
(basically they average out the changes during trading to all the clients so that its fair)
3 Types of Suitability
1) Reasonable Basis - Basic Info gathered about the client (ie: a Fact Finder or getting to know them)
2) Client Specific - Info unique to the client that may conflict with their reasonable basis (ie: they are really old but love gambling in the market)
3) Quantitative - Extra info you can infer/ make additional conclusions on based on their Reasonable Basis (ie: they wont tell you their salary but you know they are a CEO of a huge company, you infer that they have a large salary)
Does the Client have to tell you anything in order for you to work with them
No, you can just use the 3 types of suitability to learn about them as you go
What type of Closed-End Funds can be redeemed not just traded in the Secondary Market
UIT’s
(still considered a closed-end fund though)
What should you assume about Mutual Funds unless otherwise stated
they are Open-End Class A funds
(unless otherwise stated)
Discounted Cash Flow
What a Cash Flow is actually worth after factoring in compounding Inflation
(less than the cash flow stated if there is inflation)
On questions that have you calculate it, remember to take out inflation from the interest payments and that that inflation is compounding year over year
Do Trusts always pay the taxes before passing income on to beneficiaries?
No they CAN pay the taxes but dont HAVE to pay the taxes
they might also just pay a portion of the taxes