Chapter 16: Rules and Regulations Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

A ______ is anyone who can legally make decisions for another investor

A

-Fiduciary -Examples are custodians of UGMA accounts, registered rep with power of attorney, an executor of an estate, a trustee, etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Fiduciaries are subject to the _______, which means that they must invest the fund’s money in securities designated by their state’s Legal List

A

Prudent Man or Prudent Investor Rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Registered Reps must complete the regulatory element of continuing education with _____ days of their registration anniversary date.

A. 30

B. 60

C. 120

D. 270

A

C. 120

Under FINRA rules, all registered reps must complete their computer based regulatory element of their continuing education within 120 days of their 2nd anniversary of becoming a registered rep and every 3rd anniversary after.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

FINRA and the NYSE have the authority to do which of the following?

I. incarcerate

II. fine

III. expel

IV. censure

A. II and III

B. II, III, and IV

C. I and II

D. I and IV

A

B. II, III, and IV

As SROs, FINRA and NYSE can fine, expel, and/or censure members. Because they are not affiliated with the government they cannot imprison members.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

A future rep failed the series 7 exam 3 consecutive times. How long must he wait before making a fourth attempt?

A. 30 days

B. 45 days

C. 90 days

D. 6 months

A

D. 6 months

If you fail the exam once, you have to wait 30 days before another attempt. If you fail twice, you have to wait 30 days before another attempt. If you fail a third time you have to wait 6 months.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

If a registered rep leaves a brokerage firm to join the military and serves for two years or more, how much time after leaving the military does the person have to find a brokerage firm to work for and avoid the period of inactivity from starting again?

A. 30 days

B. 60 days

C. 90 days

D. 120 days

A

C. 90 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

A registered rep has had several slow months and must file for bankruptcy. Who must he notify?

A. The Fed

B. his employing firm

C. FINRA

D. the SEC

A

B. his employing firm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Individuals who pass the series 7 exam are limited municipal representatives. Which of the following licenses must an agent obtain to become a full municipal securities representative?

A. Series 52

B. Series 55

C. Series 65

D. Series 86/87

A

A. Series 52

Series 55 is to become an equities trader for a brokerage firm. Series 65 or 66 is to become an investment advisor. Series 86/87 is to become a research analyst of a brokerage firm.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

The General Securities Principal exam is the

A. Series 4

B. Series 9/10

C. Series 24

D. Series 31

A

C. Series 24

This allows principals (managers) of a firm to supervise trades of most securities.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Agents who charge a fee for giving investment advice must pass which of the following exams?

A. the series 65 or 66

B. the series 65 or 62

C. the series 62 or series 24

D. the series 24 or series 10

A

A. the series 65 or 66

Under the Investment Advisors Act of 1940, if your charging a fee for giving investment advice, you must register as an investment advisor. If your sole business is charging for investment advice, you can take the series 65. However, if you plan on passing the series 7 so that you can execute trades for customers and charge a commission, you can take the series 66. The series 66 is an investment advisor exam but is good only in combination with the Series 7.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Which of the following will prohibit an individual from becoming an employee or officer of a brokerage firm?

I. the individual has been convicted of a felony within the last 10 years.

II. the individual has been charged with a misdemeanor marijuana violation within the last 10 years.

III. the individual has been charged with a DUI in the last 10 years.

IV. the individual has been convicted of securities related fraud within the last 10 years.

A. I, II, and III

B. II, III, and IV

C. I and IV

D. I, II, III, and IV

A

C. I and IV

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

While building his book, a newly registered rep would like to work weekends as a bartender to earn a little extra income. He would be required to tell his

A. broker dealer

B. broker dealer and FINRA

C. broker dealer and the NYSE

D. broker dealer and the Fed

A

A. broker dealer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

A corporate customer would like to open a cash account for his company. To open the account, you would need a copy of the

A. corporate charter

B. corporate resolution

C. corporate charter and corporate resolution

D. none of the above

A

B. corporate resolution

The corporate resolution tells you the trading authority for the account. If the corporation were opening a margin account you would need the corporate charter and corporate resolution. The corporate charter (bylaws) lets you know that if corporation is allowed to purchase securities on margin.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the minimum amount of assets your client must have to establish a prime brokerage account?

A. $100,000

B. $500,000

C. $1,000,000

D. $5,000,000

A

B. $500,000

Prime brokerage firms consolidate information from all brokerage accounts the client has to provide one statement for the customer. The minimum requirement is only $100,000 if established through an investment advisor.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Your brokerage firm reports to your client that he purchased ABC common stock at $15.80. However, the actual conformation shows that the trade was executed at $16.00. What must your client do?

A. pay $15.80

B. pay $15.90

C. pay $16.00

D. cancel the trade

A

C. pay $16.00

If a brokerage firm accidentally reports a trade executed at a different price than shown on the actual confirmation, the client must accept the price on the actual confirmation. In this case, your client would have to pay the $16.00 per share.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Principals must approve trades made by registered reps

A. at or prior to execution

B. at or prior to completion of the transaction

C. the same day as the execution of the order

D. none of the above

A

C. the same day as the execution of the order

Principals (managers) must approve trades on the same day as execution but not necessarily before execution. This would allow the order to be entered as quickly as possible. Principals must approve trades as soon as possible after execution but no later than the end of the day at the latest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

For member to customer transactions, the member firm must sent a trade confirmation

A. at or prior to the completion of the transaction

B. no later than one business day after the trade date

C. no later than two business days after the trade date

D. no later than three days after the trade date

A

A. at or prior to the completion of the transaction

For member to member transactions, the firms must send each other confirmations no later than one business day after the trade date.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Under MSRB rules, a client’s confirmation must include

A. the markup or markdown

B. the location of the bond resolution

C. the settlement date

D. whether the trade was executed on a dealer or agency basis

A

D. whether the trade was executed on a dealer (principal) or agency (dealer) basis.

The amount of the commission on an agency trade does need to be disclosed but the dealer’s markup or markdown on a principle trade doesn’t have to be disclosed. The trade date (the day the transaction was executed) would need to be disclosed but not the settlement date because that is assumed to be 3 business days after the trade date.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Which of the following would NOT be included on a trade confirmation?

A. whether the trade was solicited or unsolicited

B. the amount of commission charged on a broker transaction

C. the trade date

D. the address of the brokerage firm delivering the confirmation

A

A. whether the trade was solicited or unsolicited

Whether an order is solicted or unsolicited is on an order ticket, not the confirmation. Order confirmations include items such as the customer’s account number, the agent’s ID number, the trade date ,whether the security was bought (BOT) or sold (SLD), the number or par value or securities, the yield (if bonds) the CUSIP number (if any), the price of the security, the total amount paid, and the commission charged.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Which of the following may NOT be a factor used in determining the markup charged to customers?

A. the market price of the security

B. the price the dealer paid to purchase the security

C. the size of the trade

D. expenses of executing the trade

A

B. the price the dealer paid to purchase the security

The 5% markup policy (FINRA 5% policy) states that a brokerage firm may use all relevant factors of a trade to determine the markup or commission charged to a customer except dealer cost (the price that the firm paid to have the security in inventory)

21
Q

The return of securities previously accepted is called

A. reclamation

B. buy in

C. sell out

D. rejection

A

A. reclamation

Reclamation is the return of securities previously accepted. Rejection is the refusal of securities at the time of delivery.

22
Q

All of the following are good delivery for a trade of 670 shares EXCEPT

A. 4 certificates for 150 shares each and 14 certificates of 5 shares each

B. 1 certificate for 600 shares each and 7 certificates for 10 shares each

C. 335 certificates for 2 shares each

D. 2 certificates for 300 shares each and 70 certificates for 1 share each

A

A. 4 certificates for 150 shares each and 14 certificates of 5 shares each

The number of shares on each stock certificate must be in multiples of 100 (100, 200, 300, etc), divisors of 100 (1, 2, 4, 5, 10, 25, 50), or in units that add up to 100 (100 + 30, 85 + 15, 60 + 40, etc). Choice A is the exception because 150 isn’t a multiple or divisor of 100. In addition, the odd lot (less than 100 shares) portion of the trade is exempt from the rule. For example, you could have three certificates for 200 shares each and one certificate for 70 shares.

23
Q

ABC announces a dividend with record date Thursday October 18. When is the last day your client can buy the stock the regular way and receive the dividend?

A. Monday October 15

B. Tuesday October 16

C. Wednesday October 17

D. Monday October 22

A

A. Monday October 15

The ex dividend date is Tuesday October 16, so an investor must buy the stock no later than Monday October 15 to receive the dividend

24
Q

Your client places an order and the trade is executed. Your client then informs you that he no longer wants the shares and is not going to pay for them. You should inform him that

A. you will cancel the order

B. he already purchased the shares, and he must submit the payment

C. you will immediately sell the stocks in the market and cover the loss

D. your firm will purchase the securities for its own inventory

A

B. he already purchased the shares, and he must submit the payment

25
Q

Your client had her account frozen because she failed to pay for a trade. In order for Mary to purchase additional securities for her account, what must happen?

A. she must deposit the full purchase price of the securities before the purchase order may be executed

B. she must get approval from a principal

C. she must wait until her account is frozen

D. she must deposit the full purchase price of the securities before the settlement date

A

A. she must deposit the full purchase price of the securities before the purchase order may be executed

A client’s account will be frozen for 90 days if he failed to pay for the securities or failed to deliver the securities sold.

26
Q

Corporate bonds settle in

A. 1 business day, and payment is due in 3 different days

B. 3 business days, and payment is due in 3 business days

C. 3 business days, and payment is due in 5 business days

D. 5 business days. and payment is due in 7 business days

A

C. 3 business days, and payment is due in 5 business days

27
Q

The 5% markup policy applies to which of the following?

A. IPOs

B. the sale of mutual fund shares

C. regulation D offerings

D. the over the counter sale of outstanding non exempt securities

A

D. the over the counter sale of outstanding non exempt securities

The 5% markup policy doesn’t apply to primary (new issue) offerings, mutual funds (continuous offering of new shares), or Regulation D (exempt) offerings.

28
Q

Which of the following regulatory organizations has the authority to grant an extension for the payment of a trade?

A. the NYSE

B. the Pacific Stock Exchange

C. FINRA

D. all of the above

A

D. all of the above

An extension to pay for a trade may be granted by FINRA, the Fed, or any national securities exchange. The extension generally grants customers an extra 5 business days to pay for the trade.

29
Q

All of the following may be reasons to reject delivery of municipal bond certificates EXCEPT

A. the indenture is illegible

B. a change in the market place

C. a missing legal opinion

D. a misspelling of the investor’s name

A

B. a change in the market place

Securities are rejected if the transfer agent doesn’t follow the good delivery rule.

30
Q

If a client sells securities he has in his possession and fails to deliver them, what is the buy in date?

A. 1 business day after the trade date

B. 3 business days after the trade date

C. 5 business days after the trade date

D. 10 business days after the settlement date

A

D. 10 business days after the settlement date

If a client sold securities in his possession and failed to deliver them within 10 business days after the settlement date, your firm must buy them from another seller.

31
Q

How long does a client have to respond to an arbitration complaint?

A. 15 days

B. 30 days

C. 45 days

D. 60 days

A

C. 45 days

When member receives an arbitration complaint, the member has 45 days to respond if guilty or not.

32
Q

Simplified arbitration is used for member to non member disputes not over

A. $10,000

B. $25,000

C. $50,000

D. $100,000

A

C. $50,000

Most arbitration complaints are judged by a three person panel, but simplified arbitration is decided by one person.

33
Q

All of the following are true about arbitration EXCEPT

A. members may take non members to arbitration

B. non members may take members to arbitration

C. members may take other members to arbitration

D. decisions are binding and non appealable

A

A. members may take non members to arbitration

34
Q

Who makes the first decision regarding disputes submitted through Code of Procedure (COP) by FINRA?

A. FINRA Board of Govenors

B. a panel chosen by FINRA

C. the NAC

D. the SEC

A

B. a panel chosen by FINRA

The decision may be appealed to the NAC (National Adjudicatory Council)

35
Q

According to FINRA rules, customer complaints must be kept on file by the brokerage firm for at least

A. 1 year

B. 2 years

C. 3 years

D. 4 years

A

D. 4 years

36
Q

To process an ACAT, a brokerage firm must be a member of the

A. FINRA

B. NSCC

C. SIPC

D. DRS

A

B. NSCC

To process an Automated Customer Account Transfer, a brokerage must be a member of the National Securities Clearing Corporation. When a brokerage firm is a clearing firm, the firm is assuming financial responsibility if a customer doesn’t pay for a trade or doesn’t deliver certificates that are sold.

37
Q

A broker dealer must keep corporate or partnership documents for A. 2 years B. 3 years C. 6 years D. a lifetime

A

D. a lifetime

38
Q

A client has asked to be placed on your firm’s do not call list. How long must someone at your firm wait before calling her? A. 1 year B. 2 years C. 5 years D. a lifetime

A

C. 5 years

39
Q

If a client is traveling oversees, the broker dealer may hold her mail for A. 1 month B. 2 months C. 3 months D. 6 months

A

C. 3 months A brokerage firm may hold customer mail (such as account statements and confirmations) for 2 months if traveling in the US or 3 months if traveling abroad.

40
Q

In the event of business disruption due to a natural disaster or act of terrorism, all brokerage firms must have a A. safe room B. business continuity and disaster recovery plan C. getaway vehicle D. duplicate records of all customer’s transactions kept at a principal’s home

A

B. business continuity and disaster recovery plan All brokerage firms must have hard copy and electronic backups of all their data, an alternate location for all of their employees, a way to communicate with regulators, an alternate means of communication between the firm and its employees, an alternate means of communication between the firm and its customers, and a way to provide fast customer access to funds and securities in case the firm is unable to stay in business.

41
Q

ABC has just announced a $0.50 cash dividend. If the record date is Wednesday March 10, when it is the last day an investor can purchase the stock and receive the dividend? A. March 4 B. March 5 C. March 7 D. March 8

A

B. March 5 In order for an investor to purchase the stock and receive a previously declared dividend, he must purchase the stock at least one business day before the ex dividend date (2 days before the record date).

42
Q

All of the following items must be included on a trade confirmation EXCEPT A. the customer’s account number B. the customer’s signature C. the price of the security D. the commission, if the trade took place on an agency basis

A

B. the customer’s signature

43
Q

________ is FINRA’s formal procedure for handling securities related complaints between public customers and members of the securities industry.

A

Code of procedure

  • The public customer has the choice of resolving the complaint via the formal code of procedure or the informal code of arbitration
44
Q

________ is an informal hearing (heard by 3 arbiters) that’s primarily conducted for disputes between members of FINRA. Members include not only broker dealers but also individuals working for member firms.

A

Code of arbitration

45
Q

The customer can give you verbal permission to place an order at your discretion (after giving you the number of shares he wants sold that day, e.g.). This type of order is called a ________ and is usually good only for the rest of the day.

A

Market not held order

46
Q

If a corporation wants to open a margin account you need a copy of the ________. It must state that the corporation can purchase securities on margin.

A

Corporate charter (bylaws)

47
Q

IRAs may be set up as ________ (when the owner is the beneficiary of the account), ________ (when the sole beneficiary of the account is his spouse and the spouse is more than 10 years younger than the owner), or ________ (when the spouse is not the sole beneficiary or the spouse is not more than 10 years younger than the owner.

A
  1. single life
  2. joint and last survivor
  3. uniform lifetime
48
Q

The maximum employer contribution to each employee’s SEP-IRA is __% of the employee’s compensation, or $______, whichever is less.

A
  1. 25%
  2. 53,000

Employees can still make contributions to IRAs