Chapter 1 Part 2 Flashcards
An agent of a bd is defined as
a nonclerical individual who represents a broker-dealer in effecting securities transactions.
Without exception, salespersons of broker-dealers effecting securities transactions are considered
agents and 1nust be registered.
However, not every employee of a broker-dealer is considered an agent and subject to registration. An individual \vho provides
only inforrnation relating to prices and sales of securities or performs clerical tasks, such as filing paperwork or answering the phone, is not considered an agent.
An agent of an issuer is
a nonclerical individual who represents an issuer in effecting securities transactions in the issuer’s securities with the public.
An investment adviser {IA) is
any person {usually a firm, rather than an individual) who, for compensation, engages in the business of advising others as to the value of securities or the advisability of purchasing or selling securities.
The advice may be given
directly, or through publications or writings.
To meet the definition of an investment adviser, a person must satisfy all
- Providing Advice about securities 2. Providing these services as a Business 3. Receiving Compensation for these services
An investment adviser representative {IAR) is any pmtner, officer, director, or other individual associated with an investment adviser who:
• Makes recommendations or gives advice regarding securities • Manages accounts or portfolios of clients • Determines which recommendations or what advice should be given • Solicits, offers, or negotiates the sale of investment advisory services • Supervises employees who perform any of these functions
Investment advisers and investment adviser representatives are also referred to as
registered investment advisers (RIAs) and registered investment adviser representatives (RIARs).
State securities rules and regulations are governed by
the Uniform Securities Act (Blue-Sky Laws).
The USA is a
model law, which means that il is nol the actual law of any one state, but rather a blueprint or template that each stale may customize to suit its own needs.
While the securities laws of most slates are based on the Uniform Securities Act released in
1956
The stale securities regulator, more commonly known as the state
Administrator, is the person responsible for administering and enforcing the securities laws in a state as well as educating investors.
The fundamental miission of a state securities regulator is to
protect the consumers who purchase securities or pay for investment advice within the state.
In some states, a special official, such as the
Securities Comissioner, may carry out the Administrator’s duties, while in other states these Functions may Fall under a more comprehensive office such as the Secretary of State.