Ch 2: Suitability Flashcards
Suitability is found in the __ rule. (define the rule)
Know Your Customer rule (KYC)
This rule places an obligation on the member firm and associated persons to request info from customers.
BEFORE making a recommendation for a new customer, registered rep must try to find out as much as possible about that person’s fin and nonfin situation. The best way to get the proper info is to…
complete a customer profile
profile should contain both fin and nonfin info
taking ll this into consideration indicates to the sec professional the extent at which the client is bale to make a lump-sum investm (BS shows large amt of net assets available) and/or periodic investm (IS reveals positive CF aka money left at end of the month)
Financial vs Nonfin Info (Questions)
Financial info can be answered on a customer’s personal BS or IS.
Ex: asking “when would you like to retire” is NOT a fin question bc it does not appear on the BS or IS.
Fin investm considerations are ones that CAN be expressed as a sum of money (ie. total L) OR as a numerical CF (ie. gross income of $160k/yr). Nonfin info CANNOT be expressed this way.
BS
snapshot of individuals’ fin condition at a point in time
customer’s BS involves:
- cash, CDs, savings acct value
- values of tangible assets?
- value of sec you currently own?
- value of those investm accts?
- cash value of your life insurance?
- How much you owe on your mortgage? (what are your liabilities)
- are there any loans against insurance cash value?
- how large is your credit card debt?
customer’s net worth is determined by…
assets - liabilities = net worth
IS
reps must know customer’s income situation to make appropriate recs. This includes customer’s marital status, fin responsibilities, projected inheritances, pending job changes.
ASK:
- what is your total gross income? total fam income?
- how much you pay in monthly expenses?
- what is your net spendable income after expenses? how much of this is available for investment?
- how secure is your employment?
***Before recommending any investm to a customer, a RR must…
at a min, make. reasonable effort to obtain info concerning customers’s FIN STATUS, TAX STATUS, AND INVESTM OBJ.
family BS only includes… not _
includes A and L. NOT income like salary, dividends, or interest, or amts paid for expenses
what carries more weight - nonfin or fin info?
NONFIN
NO MATTER HOW MUCH AN ANALYSIS IS MADE ON FIN STATUS, IT’S THE CUSTOMER’S EMOTIONAL ACCEPTANCE OF INVESTING AND MOTIVATION TO INVEST, which molds the portfolio.
Nonfin Info includes…
- age
- marital status
- # and ages of dependentsemploym
- employm of family members
- current and future fam edu + HC needs
- risk tolerance
- attitudes and values (ie. ESG investing)
- tax status
Questions to ask to find out customer’s EMOTIONAL/ATTITUDE to invest:
- whta kinds of risks can you afford to take?
- how liquid must your investm be?
- how important are tax considerations?
- are you seeking LT or ST considerations?
- Do you get bored with stable investm?
- how stable is your income? etc
words for risk averse levels…
- low risk = conservative
- some risk = moderate
- avg risk = moderately aggressive
- high risk = aggressive
***A registered reps’ job is to assist customers in…
meeting their fin obj. Responsible reps must learn all the customers’ fin situations. Securities laws prohibit unsuitable recs.
if a customer contacts a RR and wants to buy x that the rep feels is unsuitable for client, the RR has responsibility to TELL CUSTOMER HOW THEY FEEL IT IS UNSUITABLE. If customer insists on the purchase, the RR can take and mark the trade as UNSOLICITED.
Steps for Getting Customer Profile Info
- have client complete a detailed questionnaire
- conduct a personal interview (great for qualitative info)
- data-gathering includes asking clients to bring in acct statem, insurance policies, 401k plan options, and maybe tax returns (easy to measure sophistication of investor)
accredited investor
individual with Net Worth > $1M (excluding primary residence equity) OR any individual with income > $200K in each of the 2 recent yrs OR joint income with spouse > $300K in each of recent yrs
+ expectation of reaching same income level in the current yr
How to VERIFY status of accredited investor?
- tax returns or W-2s for previous 2 yrs
- obtaining written rep from purchaser that he has a reasonable expectation of reaching the income level necessary to quality as an accredited investor during the current yr
- if purchaser is an accredited investor on basis of $1M net worth, reviewing 1 or more of documentation (either bank/brokerage acct statem OR credit report from at least 1 of the nationwide consumer reporting agencies) dated within prior 3 months is useful
ALTERNATIVELY, member firm can get written confirm from 1 of these ppl (listed below) about the person taking reasonable steps to verify that the client/purchaser is an accredit investor:
- registered BD
- IA registered with SEC
- licensed attorney who’s in good standing under laws
- a certified public accountant who is duly registered and in good standing under the laws of the place of her residence/principal office
fin goal vs objective
goal - where you want to be (end game)
obj - steps taken to reach the goal (tools)
3 primary investm objectives
- growth (aggressive, moderate, or conservative)
- income (current, future, or high risk)
- safety/stability (capital preserv) (safety/stability or speculation)
investm constraints
investm OBSTACLES/limitations/restrictions that are specific to your client.
- liquidity needs, time horizon, ethical choices (no tabacco/alc stocks)