66-7 Flashcards
May an RR and a client share in an account?
Yes, with firm approval and provided the sharing in gains and losses is proportionate to their investment.
Is discretionary authorization required to enter a not held order?
no
What three items must be specified on a not held order?
buy/sell, security name, quantity of shares
For how long may a not held order be maintained?
that day
True or False: Principals must approve discretionary orders prior to entry.
False. must be approved promptly afterwards
Define an insider.
Officers, directors, partners, greater than 10% owners, and immediate family members of all listed
Name two prohibitions related to being an insider.
- No shorting of the stock and 2. No keeping of short-swing profits
Insiders must return short-swing profits, which are those earned on stock held less than ____ months.
six months
Trading on material, non-public information is considered __________________.
insider trading
Define painting the tape.
Traders effecting transactions back and forth to create a misleading appearance of activity
__________ is a manipulative activity designed to keep the price of a stock from rising (and is prohibited).
capping
__________ is a manipulative activity designed to keep the price of a stock from falling (and is prohibited).
pegging
A corporate officer informs his son of an upcoming earnings report and the son effects trades. Is this a violation?
yes
The criminal penalties for insider trading by individuals is a maximum of $____________ and/or ____ years in prison.
$5 million, 20 years
What are treble damages?
The civil penalty for insider trading, which is three times the profit made or loss avoided
What is the criminal penalty for insider trading by corporations?
$25 million per violation
True or False: Not held orders may only be executed in a discretionary account.
False
“For insider trading violations, the SEC can sue for treble damages.” What does that statement mean?
The SEC can sue for three times the damage (profit made or loss avoided).
What is required for an RR to open a joint account with a customer?
Written principal approval and sharing in gains/losses must be in direct proportion to the employee’s contribution.
True or False: Fraud may sometimes be unintentional.
False
r an agent to exercise discretion over a client’s account, the client must have signed a ________________________.
power of attorney
BD securities and client securities must be segregated; in other words, they may not be ______________.
commingled
John and Sam are continually trading QRS stock between their accounts to cause the price to rise. Is this permitted?
no, they’re painting the tape
Sam buys stock on one exchange and shorts it on another at a slightly higher price. Is this permitted?
yes, this is arbitrage
An IAR may exercise discretion over a client’s account based on oral authorization from the client for up to _____ days.
10 days
May an agent execute securities trades for compensation and not record the trades on the BD’s books and records?
no, this is “selling away”
__________________ is the prohibited act of a BD trading for its own account ahead of a customer’s block order.
front-running
True or False: It is an unethical practice for a BD to delay the delivery of securities purchased by a customer.
True
Joe places an order to sell 10,000 shares of ABC whenever it’s best. Is written discretionary authority required?
no
What 3 details must be provided by a client so a BD may accept a discretionary order without written authorization?
security, buy/sell, quantity
True or False: Charging an unreasonably high commission is acceptable provided disclosure is made to client.
False
Transactions should be executed at a price that is reasonably related to the _________________ price.
current market price
What is required of a BD controlled by/affiliated with an issuer of a security being sold to/purchased by a customer?
both oral and written disclosure of relationship
With whom may an agent split commissions?
Another agent registered with the same BD, or another BD under common control
Next week ABC plans to announce its earnings. If ABC’s CEO wants to sell some of her shares now, is the sale restricted?
yes. Insiders are required to wait until an earnings report is released publicly before selling shares.
A firm promises a refund to all clients who invest in an IPO if shares fail to rise 20%. Is this permitted?
no
An IA directs transactions to a BD who rebates 15% of the commissions to the IA for the business. Is this acceptable?
Yes, provided the IA provides written disclosure (often in Form ADV) to clients.
May an agent use a new issue prospectus to create a marketing piece and only include positive details about the issue?
no. Material provided to clients must include all facts about the issue, not just the positive ones.
When selling mutual funds, an agent must adequately disclose the _____________.
sales charge
True or False: Promoting the purchase of certain fund shares due to an impending dividend payment is acceptable.
False. Selling dividends is prohibited.
Is it acceptable to recommend that a client sell a mutual fund in order to buy another fund with the same objective?
no