101-7 Regulatory Requirements & Financial Institutions Flashcards
Investment Advisers Act of 1940
Requires persons who fall within the definition of investment adviser to register with the SEC or with the states in which they do business
Investment Adviser
A-B-C
Providing ADVICE or issuing reports or analysis regarding securities
Being in the BUSINESS of providing such services
Being COMPENSATED for such services
Securities Act of 1933
Requires registration of new issues
Also specifies which issues are exempt
Prospectus
Legal document created as part of the security registration process per the Securities Act of 1933
Securities Act of 1934
Aka Exchange Act, 34 Act, or People Act
Extended regulation to the secondary market or exchanges
Also established the SEC as the primary regulatory body overseeing the sale and purchase of securities by a potential investor
Maloney Act of 1938
Brought the OTC market under the regulation of the SEC and called for self-regulation of OTC securities dealers
Federal Bankruptcy Act of 1938
Requires a court-appointed trustee to oversee the affairs of a firm for which bankruptcy charges have been filed
Investment Company Act of 1940
Authorized the SEC to regulate certain financial products, most notably open-end investment companies or mutual funds
McCarron Ferguson Act of 1975
Federal legislation that made it clear that insurance was to be regulated at the state level, as long as the states implemented and executed this regulation adequately
Securities Investor Protection Act of 1970
Established the Securities Investor Protection Corporation (SIPC) to insure investors against losses arising from the failure of any brokerage firm
Insider Trading and Securities Fraud Enforcement Act of 1988
Specified what constitutes the insider trading of securities and stiffened the penalties for engaging in such trading
Material, nonpublic information
Financial Industry Regulatory Authority (FINRA)
Self-regulatory organization (SRO)
Any planner or broker-dealer who wishes to sell securities must register with FINRA
Series 6
Can sell mutual funds, variable annuities, variable life insurance, and initially-offered (not secondary) unit investment trusts
Series 7
Can sell any security
Series 24
General securities principal