66 QuickSheet Flashcards
What act has to do with regulating securities?
Securities Act of 1933
Nonexempt new issues can only by sold by?
Prospectus
What can be issued prior to a registration’s effective date?
Indication of Interest
What act has to do with regulating the registration process of persons and exchanges?
Securities Exchange Act of 1934
Margin requirements are determined by?
Board of Governors of the Federal Reserve System as provided in the Securities Exchange Act of 1934.
When equity drops below 25% in a margin account, what happens?
Maintenance margin call is sent to client
What are “house” calls?
Maintenance calls that are set at a higher level than typical maintenance calls as determined by the issuer.
Describe positive margin.
Profits exceed Interest Cost
Three types of Investment Companies
- Face-Amount Certificates
- Unit Investment Trusts
- Management Companies
Under the USA, all professional’s registrations and withdrawals take place when?
At noon, 30 days after completion of application.
Difference in registration expirations of people and securities?
People- Expire on Dec 31st every year.
Securities- Expire one year from registration date.
Who are not considered persons?
- Minors
- Dead People
- People declared mentally incompetent
What things are not considered securities?
- Retirement plans
- Non-variable life insurance contracts
- Collectibles
- Commodities
- Condos used as personal residence
- Currencies
The term “sale” includes?
- Transfer for value
- Gifts of assessable stock
The term “sale” does not include?
- GIfts of non-assessable stock
- Stock dividend or stock splits
- Bona Fide pledge or loan
Termination procedures for an agent?
Notification to administrator by both agent and broker/dealer.
Termination procedures for an IAR with state IA?
IA notifies administrator.
Termination procedures for an IAR with federally covered IA?
IAR notifies administrator.
Describe notice filing.
- Generally used by investment companies registered under the Investment Company Act of 1940.
- -Admin may require docs sent to SEC
- -Quantity of securities being sold in state (fee)
Describe coordination.
Coordination of state registration with federal registration.
Registration by coordination is accomplished by filing a registration statement with the administrator containing:
- Three copies of latest prospectus
- Copies of articles of incorporation
- Amendments to prospectus filed with the SEC.
Coordination is effective when?
At the same time as federal registration.
Describe qualification.
- Primarily for intrastate issues.
- Have to submit anything admin requests.
- Effective when declared by admin.
What are the most common exempt transactions?
- Isolated nonissuer transactions
- Unsolicited orders
- Transactions with banks
- Transactions between issuer and underwriter
- Transactions by fiduciaries
- Private Placements
An exemption from registration for all securities professionals when dealing with vacationing clients.
Snowbird Rule
Broker Dealer record must be kept for how long?
3 years
IA records must be kept for how long?
5 years
A civil suit under the terms of the USA must be filed within?
3 years of the alleged infraction or 2 years from discovery of a violation. Fed Law is 1 year from discovery.
The offer to return a customer’s money, plus interest, less any income received, when a sale has taken place in violation of the USA.
Right of Rescission
Used to stop registration of securities issues.
Stop Order
Stop orders many be appealed to the appropriate court within how many days?
60
Used to halt activities of persons.
Cease and Desist
The suspension of registration of any person or security.
Summary Action
Maximum criminal penalty under USA?
5,000 and 3 years jail
Maximum criminal penalty under federal law?
10,000 and 5 years jail
If IA has more then 110 million, they must register as?
SEC registration as federal covered advisor
if IA has less than 100 million, they must register as?
State registered advisor
If any clients of an IA are investment companies, IA must register as?
Federally covered advisor
LATE
Lawyers, Accountants, Teachers, Engineers
A term used by an IA whose principal business consists of rendering investment advice and a substantial portion of the IAs advisory business involves investment supervisory services.
Investment Counsel
An IA is exercising discretion must have what kind of surety?
10,000 net worth or a surety bond
An IA is maintaining custody must have what kind of surety?
35,000 net worth or a surety bond
Rule on use of third-party research reports?
- If distributed, credit must be given.
- If used for basis of an IAs report, no mention is necessary.
What is it called when an IA represents both sides and receives commissions from both sides?
Agency Cross Transaction
Under state and federal law, a person is deemed to be in control of an IA with an ownership level of at least..
25%
If IA has custody of funds, statements must be sent to clients..
Quarterly
What form specifically requires information on how an adviser will be compensated?
Form ADV
What form is the annual financial examination of an IA and who is it completed by and submitted by?
Form ADV-E
- completed by IA
- submitted by independent accountant
Says that investors must act with reasonable care, skill and caution.
Uniform Prudent Investor Act
Insurance that’s pure protection and has no cash value
Term
Insurance that builds guaranteed cash value with policy loans
Whole life