Chapter 15- Ethics, Recommendations And Taxation Flashcards

1
Q

Rule makers for Securities industry

A

SEC, FINRA and other regulatory bodies

Duty of broker/dealers to regulate each other

Written procedures manual and at least one supervisor of the rule book per firm

Principal must review and approve all correspondence and review transactions

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2
Q

Customer ethics and responsibilities

A

Must provide accurate information

Full and honest disclosure

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3
Q

Ethical business practices

A

Maintain written supervisory procedures

Principal enforces the rules

Must be at least as stringent as self-regulatory organization

Conduct rules deal with ethical treatment of customers

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4
Q

Manipulative and fraudulent devices

A

Manipulative/fraudulent devices- cannot use manipulation to induce sales

Act of 1934 gives 3 year period of statue of limitations and 1 year from discovery

No dollar limit on penalty

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5
Q

Outside business activity

A

Associated persons cannot work for any other company other than member firm without disclosing

Must provide written notice

Member firm can restrict or reject if a conflict arrises

Includes serving as office or director of a company or owning an interest in another financial firm

May make a passive investment without disclilosing

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6
Q

Private securities transactions

A

Selling outside of regular business

Known as Selling away

To do so a person must:
Provide notice to employer
Describe the transaction in detail
Describe role in transaction
Disclose whether he may or has received compensation

If there is compensation attached, the employing member either has to treat the transaction as if it were happening on own books or ban the transaction

If no compensation then the employing member must acknowledge he was asked for permission and may require adhearance to procedures

No compensation and for a family member is excluded from this rule

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7
Q

Investment recommendations

A

Must be in customers best interest, be consistent with risk tolerance and objectives

Investments should be explained fully

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8
Q

Paying for referrals

A

FINRA prohibits reps from paying for referrals

Even if gift was given first and a referral was given upon receipt

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9
Q

Activities violation fair dealing conduct rules

A

Recommending investments not suitable for customers financial position or risk tolerance

Short term trading of mutual funds

Setting up fictitious accounts that other worlds would be prohibited

Making unauthorized transactions or use of funds

Committing forgery or misstating facts
Guaranteeing against loss

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10
Q

Churning

A

Excessive trading to generate commissions

Excessive frequency or excessive size abnormal from customer trait

Self regulatory orgs take deeper looks into discretionary accounts

Discussion with registered rep should take place

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11
Q

Reverse churning

A

Placing clients in expense accounts who don’t trade often

Fee based accounts have a flat fee each year

Must be an appreciably greater amount

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12
Q

Gratuities to other firms

A

May not distribute business related compensation to other firms

Allowed to extend gift if:
Not conditional on sales
Employing member prior approval
Does not exceed $100 per year

Vacations/season tickets are always violations

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13
Q

Employment contracts

A

Leasing of employees is acceptable if there is written consent between all parties

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14
Q

Borrowing and lending to clients

A

Written notice of agreement

And one of following has to be present:
Immediate family member (no notice needed)

Customer is in business of lending (no APPROVAL needed, need notice)

Both registered persons with firm

Personal relationship outside of client relations

Business relationship outside of broker-consumer

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15
Q

Misrepresentations

A

May not misrepresent education, services offered, fees to be charge

Misrepresentation to inaccurately state or fail to state a material fact

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16
Q

Research reports

A

Adviser or broker dealer is prohibited from presenting info prepared by other persons without disclosing name of said person or firm

Soft dollar arrangements- client pays a higher commissions for research done by firm before a trade occurs

Security Exchange Act of 1934 on Soft Dollars- must meet the following requirements for it to be legal:

  1. Eligibility of the research being charged
  2. Lawful and appropriate assistance in investment decision
  3. Reasonableness of commission paid
  4. Disclosed to client
Would not include:
Telephone lines
Office furniture
Rent for office space
Software not used for analysis
Training services
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17
Q

Safe Harbor Rules gor soft dollar: what qualifies and what doesn’t

A
Qualifies:
Research reports
Financial newsletter/trade journal
Quantitative analytical software
Seminars and conferences with appropriate content
Not qualified:
Providing computers and equipment 
Travel expenses to seminars
Rent for office space
Internet services
Training services
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18
Q

Guarantees and sharing in customer accounts

A

May not guarantee against loss

May not share in profit/loss of accounts

Exception: Joint account in which registered rep only gets his share and the account must be approved

If with a family member, proportion does not apply

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19
Q

Painting the tape

A

Selling same shares twice in a day with the idea that shares will be sold at same price

Intent to boost activity

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20
Q

Marking the close

A

Effecting trades or falsely reporting trades to influence closing price

Also can’t pay for favorable reviews of companies

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21
Q

Front running

A

Placing individual trades due to prior knowledge of a block order (10,000 shares)

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22
Q

Interpositioning

A

Adding another broker/dealer when there is no benefit to the client

Generally a reciprocal relationship

Both receive commission from client

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23
Q

Where to file tips

A

FINRA via the regulatory tip line in Washington DC

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24
Q

To know your customer you must

A

Understanding a customers financial status
Net worth and net income
Investment objective
All facts essential in making recommendations

FINRA and SROs mandated

Does not include non security items

FINRA definition does not include other brokers and certain potential investors

If not a client and no compensation for the advice was received, then Rule would not apply

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25
Non-financial considerations
``` Customers age Marital status Number and ages of dependents Customer employment status Employment of customer family members Customers current and future financial needs ```
26
Risk tolerance and investment goal questions
What kind of risks can you afford How liquid must Investments be How important are tax considerations Long term or short term investments What is your investment experience What investments do you currently have
27
Current income generation
Short term debt, income oriented mutual funds, money market funds and annuities Investment pyramid goes safety, growth and speculation
28
Capital growth
Most common growth investments are common stock and common stock mutual funds
29
Investment retirement accounts
Allow earnings to accumulate tax deferred (pay money on withdrawls)
30
Diversification
Objective to move away from having a single asset for retirement
31
Investment objectives and recommendations
Preservation of capital= Gov securities/Ginnie MAEs Growth= common stocks or common stock mutual funds Balanced or moderate growth= Blue chip stock Aggressive growth/sepculation= tech stocks or sector funds Income- bonds, but not zero coupons Tax free income- munis or muni bond funds High yield income- corp bonds or corp bond funds Income oriented stock portfolio- preferred stock and utilities Liquidity- money market funds Keep pace with inflation- stock portfolio
32
Unsuitable trade
Investor wants to partake in a trade deemed by rep as unsuitable Reg rep must explain why and would mark the trade unsolicited if customer went forward
33
Inflation risk
Purchasing power risk Rising prices past investor return such as a bonds yield going lower than inflation
34
Capital risk
Potential to lose some or all money Unrelated to an issuers financial strength
35
Timing risk
Investing at the wrong time and incurring loss or lower gains
36
Interest rate risk
Sensitivity of investment value to fluctuations in interest
37
Reinvestment risk
Difficulty to reinvest proceeds when interest rates decline during time period Mortgage backed securities are susceptible due to refinancing of loans Best answer for not susceptible to reinvestment risk is a zero coupon bond
38
Call risk
Risk a bond might be called before maturity and the investor will not be able to reinvest at a similar rate Call protection can be bought to defend against that and most issues come with some years of it
39
Market risk
Systematic risk Losing principal to price volatility in a security Cannot be diversified away, rather it can only be minimized
40
Credit risk, financial or default risk
Danger of losing Principal through an issuers failure
41
Liquidity (marketability) risk
May not be able to sell Municipals may be less marketable outside of local areas
42
Legislative risk
Congress changing laws affecting securities Reps should warn about impending law changes
43
Alpha
Measure of performance that adjusts risk relative to a known benchmark Basically excess return from predictions of benchmark
44
Beta
Measure of volatility in relation to entire market 1 moves inline with market 1+ are more volatile in relation to overall market Higher beta means the stock will return better than its pears by whatever it is over 1 Measures systematic risk, usually considered aggressive if over 1 High beta= Tech and automobile Low= utilities and drug
45
Nonsystematic risk
Risks specific to a stock instead of the market
46
Duration
Measures time in years a bond takes to mature Lower coupon generally signals higher duration Interest bearing bonds usually have a shorter duration than maturity Zero coupon are exactly maturity Knowing duration means you can predict what an interest rate decrease would do to return 9 year duration and 1% decrease in rates would be a 9% increase in bond
47
Defensive investment strategy
May have growth or income as objective but will be mostly invested in: Blue chip stocks and AAA bonds Examples include: food, utility and drug companies
48
Aggressive strategy
Assume higher risk by investing in: Highly volatile or Beta stock Buying securities on margin Using put and call option strategies Most investors fall somewhere in between
49
Modern portfolio theory
Emphasizes relationship between risk and reward Derived from Capital Asset Pricing Model which states a stock price takes into account systematic and non systematic risk
50
Ways to diversify
Type of instrument Industry Companies in an industry Length of maturity Investment rating and geography
51
Dollar cost averaging
Periodic purchasing of a fixed dollar amount in one or more common stocks or mutual funds Fluctuating market average prices would be lower than average price bought
52
Constant Rationplan
Buy and sell in a way to keep equity and debt balanced Usually start at 60 equity -40% debt
53
Constant Dollar plan
Buy and sell to keep a set dollar amount invested at all times Sell as prices rise and buys when markets fall
54
Asset allocation
Balancing of different asset classes Primary factor in performance is allocation
55
Strategic asset allocation
Proportion of investments that should compose long term investment portfolio Subtract age by 100 to find stock bond split
56
Tactical asset Allocation
Short term portfolio adjustment that adjusts portfolio mix between asset classes in consideration of current market conditions Try to time market instead of having set boundaries
57
Active management vs passive
Relies on managers stock picking and market timing ability Passive- belief that no particular management style will consistently outperform the market Usually will try to mirror a specific index and seek a low cost means of generating return
58
Growth portfolio
Focus on companies that outpace earnings of other companies Will often buy companies at the high end of 52 week price range as growth is usually priced into stocks
59
Value
Undervalued and out of favor Stock whose prices are low relative to company's earnings or book value Bottom of 52 week high/low
60
Regressive taxes
Sales, excise, payroll, property, and gasoline Levied equally regardless of income Low income families pay higher percentage because a greater majority of their incomes than they do save
61
Progressive taxes
Estate and income taxes Increase with income
62
Three types of income
Earned income- salary, bonuses and income derived from active participation in a business (GP) Passive income- rental property, LPs, and enterprises in which someone is not actively involved. Passive loses are only allowed to be used against passive income Portfolio income- dividends, interest, and net capital gains, taxed during year of receipt
63
Capital loss usage
Can only offset earned income by 3000 in a particular year Can carry forward indefinitely
64
Interest income
Interest paid on debt securities, tax differs Corporate bonds- taxable by fed, state and local gov US Gov securities- Tbill, Tnote, and bonds are not taxable at state and local levels but taxed at fed Agency issues- Similar to US gov securities except when mortgage backed securities. These are taxed at all levels. Fannie Mae and Freddie Mac- taxed at all levels because they are corporations Accrued Interest- When a bond is sold between interest payments, the trade confirmation will confirm how much accrued interest was received. Buyer deducts the interest paid to seller from total interest received
65
Municipal securities
Interest from municipal securities is exempt from federal state and local taxes May not be exempt if not a resident of the state in which the bond or note is issued Private purpose bonds (industrial revenue bonds) issued by states or municipalities are a tax preference item in the Alternative minimum tax
66
Qualified dividend income
Must be held more than 60 days during a 121 day period beginning 60 days before ex dividend day Tax rate is specified by the IRS tax code Nonqualified dividends are taxed as ordinary income
67
Dividends from mutual funds tax
Corporate bonds- taxed at ordinary income rate Stock funds- in accordance with IRS not ordinary income Taxed regardless of whether funds are reinvested into additional shares or taken as cash
68
Foreign security taxes
Taxed by country the investor is a citizen of Us investor would be Federal, State and local (if applicable) taxes on foreign securities Any withheld amount by foreign government can be used as a tax credit
69
Adjusting cost basis
Cost basis is increased by commissions paid to buy a security Proceeds are reduced by commission paid Buy at 90 but pay $1 in commission, 91 base Sell for 92 but pay $1 commission, 91 basis no gain
70
Determination of which shares are sold
First in first out (FIFO)- assumed by IRS because it causes largest gain recognition Share identification- must do before the transaction settles (Trade date + 3 business days) Average basis- Usually used by mutual fund investors because its simplest with fractional shares
71
Wash Sales
May not use losses if selling a security and then repurchasing securities 30 days before or after trade date Buying calls, rights, warrants and convertible bonds is considered repurchasing Writing deep in the Money puts also included Allowed to adjust the cost basis of reacquainted stock by amount of disallowed loss Applies to short selling as well
72
Avoiding wash sale with Municipals
Change 2 of 3 factors Issuer Coupon Maturity
73
Pre tax yield
Municipal bonds would have the lowest pre tax yield compared to us gov bonds
74
Bond premium Amortization
Bonds purchased at premium must amortize their loss Reduces reported interest income during the year Negative benefit for municipal bonds because it's income is not taxed
75
Bond discounts accretion
Accretion depends on whether it was purchased as an original issue discount (new issue) or on secondary market Beneficial for municipal bonds if buying at original issue If bought on secondary, the accretion is taxable
76
Adjusting cost basis of corporate bond
Bond accretes if bought at discount Investor has option to amortize or not If the investor decides not to, his cost basis remains the same
77
Cost basis for donations
1. Donation to charity- Donor receives a tax deduction equal to market value on date of donation, no tax liability if held for more than one year. Tax is due if not held for one or more years Recipient cost basis is higher market value 2. Donations to others- no deduction, cost basis to recipient is original cost basis, subject to gift tax 3. Inherited securities- Recipient cost basis is FMV as of date of death
78
Estate taxes
Paid by estate not the heirs, likewise for gifts Both are progressive taxes Married couples are allowed to transfer entire estate to surviving spouse tax free
79
Margin interest
Tax deductible expense except if used to purchase Municipals Deductions can not exceed interest income, dividends and cap gains Banks can deduct 80% of costs for financing
80
Short against the box
Selling shares short instead of selling a long position. 5% margin requirement applies on proceeds and firm may release 95% of proceeds Cannot be used to stretch a short term gain to long term Must be closed in 30 days and long for additional 60
81
Alternative minimum tax
Makes certain high income tax payers pay taxes Adds back: Accelerated depreciation on investment property Certain DPP costs Local tax and interest on investments that do not generate income Incentive stock options exceeding FMV
82
Corporate dividend exclusion rule
Dividends received from other corporations are 70% exempt from taxation