Chapter 17: Analysis of managed and structured products Flashcards

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

What kind of product is Mutual fund?

A

managed product

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

What are the options for mandates of a fund?

A
  1. Active management (try to outperform a specific benchmark index)
  2. Passive management (try to replicate the returns of a market index. Assume only systematic risk associated with investing in a particular asset class)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the most common managed products?

A

Mutual fund, exchange traded fund (ETFs), segregated fund, hedge funds, listed private equity funds, closed-end funds, Labour-sponsored venture capital corporations (LSVCC)

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

What are the advantages of managed products?

A
  • Professional management
  • Economies of scale (power to negotiation of lower fees and transactions costs)
  • Low cost diversification (which small investors can’t)
  • Liquidity and flexibility (Some managed products can be bought or sold anytime)
  • Tax benefits (some products like LSVCCs have tax benefits)
  • Low cost investment options
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the disadvantages of managed products?

A
  • Lack of transparency
  • Liquidity constraints
  • High fees (Active fixed-income and foreign equity mutual funds can charge 2% to 5% in management fees. Some private equity funds and hedge funds typically charge a 20% performance fee)
  • Volatility of returns
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Where do Mutual funds’ objectives are stated?

A

In the Fund Facts document which discloses the degree of risk the fund is exposed to, main types of securities held in its portfolio, and the historical returns it earned…

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

How to calculate mutual funds’s units or shares?

A

Current offering price = net asset value per share (NAVPS) or net asset value per unit which depends on the market value of the fund’s portfolio

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

what should a mutual fund sales representative need to do?

A

They need to have a good understanding of the type and risk of each fund.
Know client’s risk tolerance and investment goals
Review the process and adjust it along with the change of investors and market.
Proper diversification for client’s portfolio should contain cash or near-cash investment, equity investment, and fixed-income investment.

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

What are the advantages of mutual funds?

A
  • Low-cost professional management.
  • Diversification (A large fund might have 60 to 100 or more different securities in 15 to 20 industries).
  • Variety of types (ranging from fixed-income funds through to aggressive equity funds) and transferability of funds (Many funds allow transfer between funds managed by the same sponsor with little or no fee, or Transfers between different plans under the same fund)
  • Flexible purchase and redemption options (can be one-time, lump-sum or pre-authorized contribution plan and the same with redemption)
  • Liquidity (can redeem shares or units for cash at NAVPS, payments must within 2 business days)
  • Ease on estate planning (Shares or units in a deceased person’s mutual fund continue to be professionally managed during the probate period: Cổ phần hoặc đơn vị trong quỹ tương hỗ của người đã qua đời tiếp tục được quản lý chuyên nghiệp trong thời gian chứng thực di chúc)
  • Loan collateral and margin eligibility (Fund shares or units are usually accepted as security for a bank loan and margin purporse)
  • Various special options (like reinvestment and contributions, regulatory filing, record-keeping like with income tax report)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is regulatory filing in Mutual funds?

A

Mutual funds have to file many reports annually. Like:
- Annual information form (AIF)
- Audited annual and interim financial statements, and annual report.
Reports must be provided to unitholders or any person on request, can access through System for electronic document Analysis and Retrieval (SEDAR) website.

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

What are the disadvantages of mutual funds?

A
  • Costs (front-end load along with management fee, or back-end load pay when you sell, or no-load funds)
  • Short-term unsuitability (not apply for money market funds)
  • Systematic risk
  • Tax complications
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What kind of structured can a mutual fund be?

A

As a trust or a corporation

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

What is the most common structure for mutual funds?

A

Is the unincorporated open-end-trust

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

What are the characteristics of a mutual fund that structured as an open-end trust?

A
  • Can avoid taxation (Interest, dividends or capital gains income, net of fees and expenses, flows-through directly to the unitholders who will be taxed)
  • The trust deed includes the fund’s principal investment objectives, investment policy, and any restrictions, also information about manager, distributor, and custodian)
  • Right to redeem their unit at current NAVPS
  • Holders may or may not have voting right.
  • Have to hold a meeting for issues like changes in investment objectives, auditor or manager, or frequent decrease of NAVPS.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the characteristics of a mutual fund that structured as a corporation?

A
  • Follow conditions of Income Tax Act
    +Must mainly hold a diversified portfolio of securities.
    + The income must primarily from the interest and dividends paid out by these securities and any capital gains realized from these securities for a profit.
  • Investors in mutual fund corporations receive shares rather than units.
  • lack the flow-through status of investment fund trusts.
  • However, the corporation can achieve a virtually tax-free status by declaring dividends throughout the year that are equivalent to the corporation’s net income after fees and expenses. These dividends are then taxed on the shareholder.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the typical structure and organization of mutual funds?

A

they are directors, manager, distributors, and custodian

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

What is director and trustees in organization of a Mutual fund?

A
  • hold the ultimate responsibility for ensuring that investments in the fund are consistent with the fund’s investment objectives.
  • they may contract out the business of running the fund to an independent fund manager, a distributor, and a custodial organization (tổ chức trông coi).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the fund manager in organization structure of a Mutual fund?

A
  • They provides day-to-day supervision of the fund’s investment portfolio.
  • When trading, they must observe the guidelines specified in the fund’s own charter and prospectus, and constraints imposed by provincial securities commissions.
  • The manager must also maintain a portion of fund assets in cash and short-term highly liquid investments productively -> they can redeem fund shares on demand, pay dividends, and make new portfolio purchases as opportunities arise.
  • Managers also have the following responsibilities:
    • Calculate the fund’s NAVPS
    • Prepare the fund’s Fund Facts documents, simplified prospectus, and reports.
    • Supervise shareholder or unitholder record-keeping
    • Provide the custodian with documentation for the release of cash or securities.
  • The fund manager receives a management fee for these services, which accrues daily and is paid monthly. Fees are calculated as a percentage of the net asset value of the fund being managed
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are distributors in organization structure of a Mutual fund?

A

Mutual funds are sold by the following distributors:
• Investment advisors employed by securities firms
• A sales force employed by some organizations that control both management and distribution groups
• Independent direct sales organizations
• In-house distributors, including employees of trust companies, banks, or credit unions who have duties other than selling.
- They must explain the objectives and terms of various funds in language that is understandable to new. They also mail out confirmations of sales, handle client inquiries about features of the fund, and accept and transmit orders for fund share redemptions.
- In the process, they offer clients financial planning assistance that involves “know your client” and suitability standards. These standards are as important in mutual fund sales as they are in the general securities business.
As compensation for these services, the distributor usually receives a sales fee.

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

What is custodian in organization of a Mutual fund?

A

When a mutual fund is organized, an independent financial organization, usually a trust company, is appointed as the fund’s custodian. The custodian collects money received from the fund’s buyers and from portfolio income, and arranges for cash distributions
through dividend payments, portfolio purchases, and share redemptions.
Sometimes the custodian also serves as the fund’s registrar and transfer agent, maintaining records of who owns the fund’s shares. This duty is complicated by the
fact that the number of outstanding shares is continually changing through sales and redemptions. Fractional share purchases and dividend reinvestment plans further
complicate this task.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How are mutual fund shares purchased or sold?

A

directly with the fund

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What should the purchaser receive before purchasing any mutual fund share/unit?

A

Fund fact document

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

At which price will the investor pay for share/unit of mutual fund?

A

based on NAVPS at the close of business on the day the order was placed (also the redemption price) (there’s might be commission on top of that)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is NAVPS?

A

is the theoretical amount that a fund’s shareholders would receive for each share if the fund were to sell all its portfolio of investment at the market value, collect all receivables, pay all liabilities and distribute what is left to its shareholders.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

How to calculate NAVPS?

A

= (Total Assets - Total Liabilities) / total number of Shares or Unites outstanding.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

How is an order from an investor processed?

A
  • Order from investor -> mutual fund representative -> transmit to the principal office of the mutual fund on the same day.
  • Payment for purchases is usually made in advance, payment for redeemed must be made within 2 business days after the NAVPS is determined.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

How often the mutual funds calculate NAVPS?

A
  • varies but at least once a week. (most large fund calculate every day after market close).
  • If a fund compute NAVPS less frequently than daily, sales and redemptions are made at the next valuation date.
  • If computed monthly, redemption must be submitted up to 10 days before the computation.
  • One exception to these rules is real estate funds. They must compute at least once a year, although most funds make the calculation on a quarterly basis
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What are the factors affecting the sale charge?

A
  • Type of fund
  • Its sponsor and method of distribution
  • The amount of money being invested
  • The method of purchase (lump sum vs contractual purchases spread out over a period of time).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What is the characteristic of front-end sale charges?

A
  • Vary from firm to firm because they are set by the distributors -> negotiable.
  • Usually % of purchase price, % reduces as the amount of purchase increases.
  • Front-end load takes fee directly from the actual amount invested -> the offering price > NAVPS. Regulations require that front-end loads be disclosed in the prospectus, both as a percentage of the purchase amount and as a percentage of the net amount invested.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What is the characteristic of back-end (defferred sales charge) sale charges?

A
  • set by dealer and are not negotiable.
  • the fee might base on the original contribution to the fund or on the asset value at the time of redemption.
  • In most cases, the charges decrease the longer the investor holds the fund.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What is the characteristic of no-load fund?

A

no sale charges however, some self-directed brokers levy (thu phí) modest administration fees. The funds also charge some management fees and other administrative fees.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Which organization have developed an online tool to calculate the impact of the various types of fees on mutual funds?

A

The Ontario Securities Commission and the Department of Innovation, Science and Economic Development Canada (ISED)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

How to calculate a front-end load fee?

A

offering price = NAVPS / (100% - sale charge %)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What is trailer fees (service fee)?

A
  • The annual trailer fee the fund pay to sales representative as long as the client holds the funds. (provides ongoing services to investors, including investment advice, tax guidance, and financial statements)
  • Usually paid out of the fund manager’s management fee.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What are other fees when investing in Mutual fund?

A
  • Some funds charge set-up fee
  • Some no-load funds charge early redemption fee if redeem within 90 days of the initial purchase. Could be flat fee of $100 or 2%.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What is switching fees?

A
  • Fee apply when exchange units of one fund for another in the same family or fund company.
  • Some fund companies allow unlimited free switches between funds, others allow a certain number of switches before fee are applied.
  • Negotiable fee to maximum 2% of the amount being transferred, some just waive this fee.
  • Not apply in case the fund mergers or terminate. In such cases, it is allowed to transfer to existing fund or withdraw the cash value.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What are the factors affecting management fees?

A

depends on type of fund, particularly on the level of service required to manage the fund.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

How different is the management fees between different types of funds?

A
  • Money market funds: low (0.5%-1%)
  • Equity funds: higher (except index funds), ranging from 2-3% or higher
  • Index funds: usually lower than equity funds
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Where are the management fees outlined?

A

in the prospectus. Fee can be based on the average daily net asset. (not great because reward not on the performance of the fund)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

What are the fee that charged directly to the fund, not included in management fee?

A
  • Interest charge
  • Taxes, audit, and legal fees
  • Safekeeping and custodial fees
  • Provision of information to share or unitholders.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What is management expense ratio (MER)?

A
  • represents the total of all management fees and other expenses charged to a fund by a percentage of the fund’s average net asset value for the year.
  • Trading or brokerage costs are excluded from the MER because they are included in the cost of purchasing or selling portfolio assets.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

How to calculate the MER?

A

MER = Aggregate fees and expenses payable during the year / average net asset value for the year *100%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Does the published rates of return on mutual funds include MER?

A

No, it calculated after deducting MER. The NAVPS also calculated after the management fee has been deducted.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

By law, funds must disclose in the fund prospectus both the management fee and MER for the last how many year?

A

5 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

What is F-class fund?

A
  • type of fee-based fund NOT commission-based with a lower MER.
  • Client is charged a % of the assets under management, rather than a commission or fee for each transaction.
  • Reduce the double charge (in the past, client were charged an MER that included compensation to the sale representative)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

what are the three broad principles that securities regulations related to mutual funds based?

A

personal trust, disclosure, and regulation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

What are the five standards of conduct that rules and regulations can be distilled?

A
  1. Duty of care
  2. Integrity
  3. Professionalism
  4. Compliance
  5. Confidentiality
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

What is duty of care about?

A
  1. You must conduct due diligence before providing advice or recommending products.
  2. Must understand your clients’ needs, goals, and risk tolerance
  3. You must learn about the products you sell and make sure your recommendations suit each client’s situation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

What is Integrity?

A
  1. You must act in an honest, fair, and trustworthy manner in all dealings with clients, employers, colleagues, and the public.
  2. You must avoid situations where your interests conflict with those of your clients
50
Q

What is professionalism about?

A
  1. You must conduct business in a professional manner that reflects well on yourself, your employer, and your profession.
  2. You should encourage others to do the same
  3. You should also strive to maintain and improve your professional knowledge
51
Q

What is compliance about?

A

You must conduct yourself in accordance with applicable securities legislation and industry rules

52
Q

What is confidentiality about?

A

You must hold client information in the strictest confidence.

53
Q

What does MFDA (Mutual fund dealers association) regulate?

A

How the funds are sold (not regulate the funds themselves)

54
Q

Which department is responsible for mutual funds in Quebec?

A
  1. The Autorite des marches financiers (overseeing the operation of fund companies within the province)
  2. The Chambre de la securite financiere (setting and monitoring continuing education requirements and for enforcing a code of ethics).
    A co-operative agreement currently between MFDA and the QC regulatory organizations will help to avoid regulatory duplication.
55
Q

What are the two national instruments of applicable legislation?

A
  1. National instrument 81-101 (deals with mutual fund prospectus and Fund facts disclosure) ->
  2. National instrument 81-102 (requirements and guidelines for distribution and advertising of mutual fund)
56
Q

What are the requirements of mutual fund in term of filing prospectus?

A

Most mutual funds are qualified for sale in all provinces and are therefore registered for sale in each jurisdiction.
With certain exceptions, the funds must annually file a full or simplified prospectus, which must be acceptable to the provincial securities administrator. Most funds, particularly the smaller ones, file a prospectus or a simplified prospectus only in provinces where sales prospects appear favourable. Selling a fund’s securities to residents of provinces in which the fund has not been qualified is prohibited. Therefore, mutual fund representatives must deal only in those funds registered in their own jurisdiction

57
Q

What are the required diclosure documents from Mutual funds?

A
  1. A fund Facts document
  2. A simplified prospectus
  3. The AIF
  4. The annual audited statements or interim (tam thoi) unaudited financial statements
  5. Other information required by the province or territory where the fund is distributed, such as material change reports and information cirulars.
    - > NI 81-101 requires only that the Fund Facts document be delivered to investors before they purchase a mutual fund. However, an investor may also request delivery of the simplified prospectus, the AIF, or the financial statements. In such case, the distributor must provide all those documents as well.
58
Q

What is the Fund Facts document?

A
  • To give key information about a mutual fund.
  • Written in plain language and must consist of no more than 2 double-sided pages.
  • Must be presented in an easily understood format (universal standard) -> investors can compare data consistently.
  • Purpose: provide timely information that may affect the investors’ decision.
59
Q

Is pre-purchase delivery of the Fund Fact document to investors mandatory?

A

Yes. For each class or series of mutual fund. Maybe delivered in person, by email, or through other means.

60
Q

What are the investor rights related to withdrawal and misrepresentation must appear in the Fund Facts document?

A
  • Right to withdraw from the purchase within 48 hours after confirmation of the purchase is received.
  • Depending on the province, they maintain their right of damages or to rescind (huy bo) the purchase if the Fund Fact document, simplified prospectus, AIF, or financial statement contain a misrepresentation.
  • Each province specifies a time limit within which investors must act to claim the right to damages or recission.
  • Investors can request a compy of the simplified prospectus at no charge
61
Q

What are the 2 components of the Fund Facts Document?

A
  1. Section 1: Fund information (Introduction, quick facts, investment of the fund, Risks, past performance, suitability, impact of the income taxes on investor returns)
  2. Section 2: Costs, Rights, and other information (Cost of buying, owning, and selling the fund, statement of rights,
    more information about the fund)
62
Q

What is included in sector 1 Fund information?

A
  1. Introduction (document date, fund name, manager name, and name of class or series if any)
  2. quick facts (key background points like created date, total value, MER, identity of manager, expected frequency and date of distributions, minimum investment)
  3. investment of the fund (provide what the fund invest in, list of top 10 investments and % of net asset value for each invesment, investment mix and a breakdown of fund’s invesment exposure)
  4. Risks (rates the fund’s risk on a scale from low, low-to-medium, medium, medium-to-high, and high. remind investors the funds does not guarantee a return and they may not get back the money invested)
  5. past performance (Chart showing returns after expenses deducted over 10 years, table showing the best and worst returns for the fund in a 3-month period the last 10 years, an average return calculation based on 1000$ investment 10 years ago and its worth today, together with the percentage annual compound return during this period)
  6. Suitability (who is this fund for?)
  7. Impact of the income taxes on investor returns
63
Q

What is included in sector 2: Costs, rights, and other information?

A
  1. Cost of Buying, Owning, and Selling the Fund (sales charges, fund expenses which may include MER and TER, other fees)
  2. Statement of Rights (what can investors do if they change their mind, right, and options within a defined period including right to cancel a purchase within 48 hours)
  3. More information about the fund (contact information so investor can contact to get more information)
64
Q

What is the simplified prospectus?

A
  • A mutual fund prospectus is normally shorter and simpler than a typical prospectus for a new issue of common shares. Under the simplified prospectus system, the issuer must abide by the same laws and deadlines that apply under the full prospectus system. As well, the buyer is entitled to the same rights and privileges.
  • Must be filed with the securities commission annually, but need not be updated annually unless there is a change in the affairs of the mutual fund.
  • Must be written in plain language and presented in an easy-to-understand format.
  • > For further purchases of the same fund, it is not necessary to provide the Fund Facts document or simplified prospectus again unless it has been amended or renewed.
65
Q

What are the two sections included in simplified prospectus?

A
  1. Part A: introductory information about the mutual fund, information applicable to funds managed by the mutual fund.
  2. Part B: detailed information about the specific mutua fund.
66
Q

Can simplified prospectus be used to qualify more than one mutual fund?

A

yes. But Part A of each prospectus must be substantially similar, and the funds must belong to the same mutual fund family, administered by the same entities, and operated in the same manner.

67
Q

What infomation must be included in simplified prospectus?

A
  • Purpose of the prospectus and identifying the other information documents that the fund must make available to investors
  • Name and basic information about the issuer, including a description of the issuer’s business
  • Risk factors and description of the securities being offered
  • Method used to set the price of the securities being sold or redeemed, and disclosure of any sales charges Method of distribution
  • Statement of who has the responsibility for management, distribution, and portfolio management
  • Fees paid to dealers
  • Statement of management fees and other expenses, including the annual MER for the past five years
  • The fund’s investment objectives and practices
  • Information on the amount of dividends or other distributions paid by the issuer
  • In general terms, the income tax consequences to individuals holding an investment in the fund
  • Notice of any legal proceedings material to the issuer
  • Identity of the auditors, transfer agent, and registrar
  • Statement of the purchaser’s statutory rights
  • Summary of the fees, charges, and expenses payable by the security holder
68
Q

What happened to the prospectus when material changes occur?

A

Must be amended concurrently with the Fund Facts document and investors must receive a copy of the amendment.

69
Q

What type of fund that not use the simplified prospectus system under NI 81-101?

A

Funds that invest in real property

70
Q

Which document a fund must provide its investors As part of the simplified prospectus system?

A
  • Annual audited financial statements must be made available to the securities commission (or commissions) where the fund is registered on or before the deadline set by the commission. These statements must be made available to new investors.
    Financial statements that are unaudited at the end of six months after the fund year-end must also be submitted to the securities commissions, usually within 60 days after the reporting date. These statements must also be made available to new investors.
71
Q

What information must be included in Annual information form (AIF)?

A

• Significant holdings in other issuers
• The tax status of the issuer
• Directors, officers, and trustees of the fund and their indebtedness and remuneration
• Associated persons, the principal holders of securities, and the interests of management and others in material
transactions
• The particulars of any material contracts entered into by the issuer

72
Q

Where do the mutual fund managers, distributors, and sales representatives must register with?

A

With the securities administrators in all provinces in which they operate. They also have to inform within 5 business days of any important change in personal circumstances (address change, bankruptcy)

73
Q

What do Mutual fund sales representatives must have successfully passed?

A

A mutual funds course such as the Canadian Securities Institute’s Canadian Securities Course, the Investment Funds in Canada course, or another qualifying education program.

74
Q

Where do the Mutual fund representatives do the registration requirements?

A

They can file an application (initial and continuing registration) electronically with the National Registration Database (NRD) with the appropriate fee.
In QC, the representative must register with the Autorite des marches financiers

75
Q

What are the requirements to work as a mutual fund sales representative?

A

• Must be employed by the distribution company.
• Not permitted to carry on other forms of employment without the prior approval of the appropriate securities administrators and any industry associations of which your firm is a member. However, many provinces have issued policy statements permitting persons to be dually registered as mutual fund representatives and life agents.
• Must complete a detailed report about your past businesses, employment, and conduct and submit it to a
police review. The report must include the following information:
- Any companies with which you have been associated in certain capacities.
- Any action against you regarding any government license to deal in securities
- Any action against you regarding any government license to deal with the public in any other capacity
requiring registration
- Any disciplinary action regarding approval by any securities commission or similar professional body
- Any past criminal convictions or current charges or indictments
- Any bankruptcies or proposals to creditors
- Any civil judgment or garnishment

76
Q

When do a mutual fund representative must notify the provincial securities administrator about their change of address, disciplinary (Xử lý kỷ luật) action of a professional body, personal bankruptcy (Ontario and QC), Criminal charges or civil judgments?

A

within 5 business days (or 10 days in QC)

77
Q

What happen if a mutual fund sales representative ceases (chấm dứt) to work for a registered dealer?

A

Registration is automatically suspended. The employer must notify the provincial securities administrator of the termination of employment and in most provinces, the reason for termination.

78
Q

What do the representative do to reinstate (phục hồi) their representative’s registration?

A

notice in writing must be received by the securiteis administrator form another registered dealer of the employment of the representative by that other dealer. Must be approved by the securities administrator.

79
Q

What will happen If the securities administrator does not receive a request for reinstatement and transfer to a new company within the permitted period?

A

The registration lapses (mất hiệu lực) and the representative must reapply for registration. The permitted period is 30 days in most provinces and six months in Quebec

80
Q

When managing a portfolio of securities, mutual fund managers are restricted on what they can or cannot do. Some funds have more restrictions than others. What are those restrictions?

A

• Purchases of no more than 10% of the total securities of a single issuer or more than 10% of a company’s voting stock
• No purchases of shares in the manager’s own company (e.g., a fund owned by a bank cannot buy shares in
that bank)
• Purchases of no more than 10% of the net assets in the securities of a single issuer or 20% of net assets in companies engaged in the same industry (except specialty funds)
• No purchases of the shares of other mutual funds, except in certain cases where no duplication of management fees occurs
• No borrowing for leverage purposes
• No margin buying or short selling
• No commodity or commodity futures purchases
• Limitations on the percentage of holdings in illiquid securities, such as those sold through private placement
and unlisted stocks

81
Q

Can Mutual fund managers use derivatives?

A

Managers are subject to strict regulatory controls about that. But they are allowed to incorporate specific permitted derivatives as part of their portfolios to hedge against risk and to facilitate market entry and exit. But not for speculate with investor’s money.

82
Q

what are the requirements (NI 81 -102) about using derivatives in mutual funds?

A
  • The total amount that can be invested in derivatives (10% maximum as a percentage of the net assets of a fund)
  • How derivative positions must be hedged by the assets of the fund (based on daily portfolio valuations)
  • Expiry dates on different option products
  • Permitted terms
  • The qualifications required by portfolio advisors to trade these instruments
83
Q

Where do the mutual fund have to disclose about using derivatives?

A

in a mutual fund’s simplified prospectus. The disclosure must explain how they will be used to achieve the mutual fund’s investment and risk objectives. It must also describe the limits of and risks involved with the planned use of derivatives

84
Q

What are the sales practices that are prohibited?

A
  1. Quoting a future price
  2. Offer to repurchase ( in an attempt to insulate (cách ly) your clients from downturns in price)
  3. Selling without a licence (You must be licensed in each province where you intend to sell mutual funds)
  4. Advertising the registration (your register with securities autority)
  5. Promising a future price
  6. Sales made from on e province into another province or country (unless you are registered in the investor’s province)
  7. Sale of unqualified securities (. It is forbidden to sell mutual funds that have not been approved by the
    provincial regulator)
85
Q

Why it is prohibited to quote a future price?

A
  • When an investor places an order to buy or sell a mutual fund, the price per unit or share the investor will pay or receive is not known. The purchase or sale price is based on the NAVPS on the next regular valuation date.
  • The NAVPS (current day or the next day) depends on the order-time of day on which the order is entered,
    often before 4:00 p.m. ET at the end of the current
    business day. Orders received after 4:00 p.m. ET are priced at the end of the next business day.
    -> It is unlawful for a representative to backdate an order in an attempt to buy or sell shares or units at a previous day’s price.
86
Q

What is the restriction between fund managers and distributor firms? (some specific because it is sale representatives responsibility to be aware of what is allowed and not)

A
  • Fund managers may not provide money or goods to a distributor firm or its representatives in support of client
    appreciation.
  • The commission rate on a fund cannot be changed unless the simplified prospectus for that fund is renewed.
  • Fund managers may not provide co-operative funds for practices that are considered general marketing expenses, such as general client mailings.
  • Fund managers may not financially subsidize skill enhancement courses such as courses in effective communication or improving presentation skills development.
  • Fund managers may not provide non-monetary benefits of any significant value to a distributor firm or its
    representatives. Occasional rewards of minimal value may be permitted if they are unlikely to influence the
    behavior of the recipient (e.g., pens, t-shirts, or golf balls)
87
Q

Which national instrument outline specific guidelines with respect to sale communications from the representative,
the representative’s firm, the fund’s promoter, manager or distributor, or anyone who provides a service to the
client with respect to the mutual fund?

A

Sales communications can include any of the following information:
• A description of the fund’s characteristics
• A comparison between funds under common management or funds with similar investment objectives
• A comparison of the fund to an index
• Performance information (which must follow very specific rules with respect to how performance is calculated
and presented)
• Advertising that the fund is a no-load fund

88
Q

What should you do about sales communication when you are in doubt?

A

you should always consult with your branch manager or

compliance officer. Their approval is needed before you send out any sales communications

89
Q

How can the Mutual funds communicate rates of return to clients?

A
  • “full, true, and plain disclosure” -> include a clear explanation of the method by which the rate of return was calculated. (The method must be in accordance with standard industry practices)
  • For client accounts < 12 months, the rate of return shown must be the total rate of return since the account was opened at the mutual fund dealer.
  • Any client communication that contains, or makes reference to, a rate of return has been reviewed and approved by appropriate supervisory staff at the mutual fund dealer
90
Q

What information that Performance reports provided to clients must include?

A

• The market value of the assets held in the client account at the beginning and end of the 12-month period
covered by the report
• The total assets deposited and withdrawn during the 12-month period and since opening the account
• The annual change in the market value of the client’s account for the 12-month period
• The cumulative change in the market value of the account since the account was opened
• Annualized total percentage return using a money-weighted methodology for periods of one, three, five and
10 years, as well as since inception.

91
Q

What are the minimum threshold for account performance report?

A

Not less than yearly, and the report must cover, at a minimum, a 12-month period. Some mutual fund dealers elect to report on performance more frequently than the required minimum.

92
Q

Before accepting a client account, securities regulations require that mutual fund dealers and their sales
representatives gather enough information about their client to ensure that the purchase of mutual funds is
suitable. What is This requirement called?

A

the Know Your Client (KYC) rule.

93
Q

What does a mutual fund sales representative must do to meet KYC requirements?

A

• Learn the essential facts about the client before opening an account, including age, net worth, earnings, and investment objectives.
• Learn the essential facts relevant to every order accepted and make sure that it is within the bounds of good business practice.
• Learn the circumstances behind each transaction.
• Make sure that your recommendations are appropriate for the client, based on factors such as the client’s
financial situation, investment knowledge, investment objectives, and risk tolerance.
• Maintain your client’s account information and update it regularly as circumstances change

94
Q

Where would a KYC section be when opening an account?

A
  • To make sure all orders are suitable for the client, order forms may contain a KYC section. In some cases, the KYC
    form is a separate document that must be completed by the purchaser.
  • For clients with multiple accounts, you should obtain separate KYC information for each account. The investment objectives, risk tolerance, and investment horizon of each account may differ.
95
Q

What If the client still refuses to provide KYC data?

A

then you cannot process the transaction.

96
Q

In which situation, the mutual fund sales representatives must use due diligence in assessing the suitability of investments within each client’s account as set out under the KYC rule?

A
  • The client transfers their account to the dealer.
  • The dealer or mutual fund representative becomes aware of a material change in the KYC information.
  • A different mutual fund representative has taken over the client’s account.
97
Q

What are the requirements of MFDA about ongoing responsibility to assess that the investments in the client account continue to be suitable?

A
  • Mutual fund dealers and their sales representatives maintain an adequate record of each order and of all instructions, given or received, for the purchase or sale of mutual funds (No matter if the transaction is executed).
  • Must be reviewed within a reasonable period.
  • Must maintain documented evidence of all suitability reviews and any follow-up action taken as a result of a review.
  • Under MFDA Policy No.2, Minimum Standards for Account Supervision, that a supervisor, branch manager, or branch compliance officer also perform a suitability review of the investments in a client’s account. They must maintain evidence of that review and any follow-up action taken as a result of their review.
  • The suitability requirement applies to recommendations you make to a client, as well as to unsolicited orders. (Unsolicited orders are orders for mutual funds that have not been recommended by the representative; the request comes from the clients).
  • > Before accepting an unsolicited order, you must verify that the purchase is reasonable given the client’s investment objectives, risk tolerance, investment horizon, and investment knowledge.
98
Q

What should you do If you determine that the order is unsuitable for the client?

A

You must advise the client of its unsuitability. If the client
wishes to go against your advice, you must maintain the following details in the record of the order:
• Evidence that the transaction was unsolicited
• Proof that you performed a suitability review
• Clear indication that you advised the client that the proposed transaction was unsuitable

99
Q

Before proceeding with an unsuitable, unsolicited trade, what should you do?

A

You should consult with your branch manager or
compliance officer. Mutual fund dealers must have written procedures for dealing with unsuitable, unsolicited orders, and there should be no obligation to accept an unsuitable purchase order from a client.

100
Q

In addition to meeting KYC obligations, what must the representatives fully understand about?

A
  • the features of the products being recommended to clients. You must fully understand the characteristics of a fund, such as level of risk and investment objectives, before you can make suitable recommendations to your clients.
101
Q

Apart from the client, whose information should a mutual fund dealer’s representative acquire?

A
  • Anyone has a right to trade over the client’s account ( Investment experience and knowledge)
  • Anyone with a financial interest in the account. (joint account holders and beneficiaries of trusts or trust accounts for children)
  • A trustee has trading authority over the trust. (the trustee’s investment experience and knowledge)
102
Q

When should a epresentative or other employee of the firm update KYC information?

A

When they aware of a material change in the client’s circumstances. At least once a year, the dealer must request, in writing, that each client notify the dealer of any material change in his or her circumstances.

103
Q

Which agency authorized to facilitate the Federal legislation regarding anti-money laundering (AML) and anti-terrorist financing (ATF) is set out in the
Proceeds of Crime (Money Laundering) and Terrorist Financing Act?

A

The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC).

104
Q

When do AML and ATF requirements must be met?

A

Before any client’s account is opened.

105
Q

What do the mutual fund dealer must do regarding AML and ATF?

A
  • Must have processes and procedures for this purpose, and it must provide appropriate training to all its employees and representatives.
  • The firm must also appoint an AML compliance officer.
106
Q

What do AML and ATF focus on?

A
  • Verify the identity of every person authorized to provide
    instructions regarding a client’s account or who has a beneficial interest in that account.
  • Other procedures involve the freezing of accounts of individuals and organizations that appear on a FINTRAC-published list, the reporting of suspicious transactions and attempted transactions, and client identification requirements that apply in special circumstances.
  • Cash transactions (or a series of transactions) in a single account of $10,000 or more on any given day must be
    reported to the dealer’s compliance officer.
107
Q

what is the first step in ensuring compliance to the rules and policies that govern the mutual fund business?

A

The accurate completion of documentation when new accounts are opened.

108
Q

Where is relationship disclosure information from the clients will be provided?

A

may be provided in a stand-alone document or it
may be included in the account opening documentation. The documentation should include any information that
a reasonable client would consider important about the relationship between the client and the mutual fund dealer and its sales representative

109
Q

What must included in the relationship disclosure information?

A
  1. The nature or type of client account.
  2. The products and services offered
  3. The products and services offered
  4. The procedures regarding the handling of cash and cheques
  5. The dealer’s obligation to the client
  6. The circumstances in which a suitability review is needed.
  7. The terms with with respect to KYC information
  8. The terms of account reporting
  9. The nature of compensation paid to the dealer
110
Q

What are the requirements with relationship disclosure in a standardized document?

A
  • should be approved by the head or branch office
    (or both).
  • Mutual fund dealers must also maintain evidence that relationship disclosure has been provided to the client.
  • The disclosure information can be signed by the client and incorporated into account documentation, in which case a copy of the signed account documentation is sufficient evidence.
  • If the dealer chooses to provide relationship disclosure as a stand-alone document, it may ask the client for
    signed acknowledgment of receipt as evidence that it was delivered. Copies of the disclosure documents may be maintained in the client’s file
  • Whenever a significant change occurs in the relationship disclosure information, the dealer must take reasonable steps to notify the client of the change as soon as possible
111
Q

What is the first step in satisfying the KYC rule?

A
  • Is to establish the client’s account in accordance with both securities regulation and the mutual fund dealer’s policies and procedures. Upon accepting a new client account, it must be reviewed and approved as soon as possible by the person responsible for approving new client accounts at the firm.
112
Q

When should account numbers be assigned?

A

the client’s full legal name and address is confirmed.

113
Q

What does the new client need to fill out ?

A

A New Account Application Form (NAAF) which includes the necessary KYC information (If this information is not included in the NAAF, it must be captured on a separate form). Include: the client’s personal information, financial information, risk tolerance, and investment objectives. The NAAF must also disclose whether the client is an insider or significant shareholder of a public corporation.

114
Q

What is material changes in KYC?

A
  • A change in risk tolerance level
  • A new investment time horizon
  • A new investment objective or objectives
  • A material change in assets or income
115
Q

What can be a method to confirm client identity?

A
  • A client signature, or other methods.
116
Q

When do the representative should request client to update information?

A

the date on which the client informs the representative of any changes to the KYC information must be recorded and maintained.

117
Q

What are the requirements for Financial instituation (FI) when distributing mutual funds?

A
  1. Control of registrant (they can only sell through a corporation that it controls directly or indirectly, or with which it is affiliated and must be registered)
  2. Registration of employees (Only registered mutual fund sales representatives can sell mutual funds)
  3. Dual employment (in financial services and mutual fund representatives of the dealers)
  4. Conflicts of interest (can arise because of dual employment)
  5. In-house funds ( the securities sold through the FI must be issued by a mutual fund sponsored by the FI. Otherwise, need to consult the relevant securities regulator)
  6. Proficiency (employees must satisfy normal proficiency
    requirements)
  7. Premises (Cơ sở) and disclosure
118
Q

What can be the conflicts of interest because of the dual employment in FI?

A
  1. some FI employees may be compensated only on the basis of their sales of mutual fund securities. -> motivated to sell mutual funds to a client even when other products are more suitable.
  2. Even on a salary-only basis. (a representative with the authority to approve a client loan may do so to fund the client’s mutual fund purchase).
119
Q

What should the dealers do to address the conflict of interest because of dual employment?

A
  • Must have supervisory rules regarding potential conflicts arising from dual employment. The rules must be approved by the relevant provincial securities administrator unless such rules make the following provisions:
    • Dually employed representatives are paid salary only, and one of the following two requirements also applies:
  • A dually employed representative cannot make loans to finance purchases of mutual fund securities sold by that representative.
  • Any loan made by a dually employed representative to finance the purchase of mutual fund securities sold by that representative must be approved by a senior
    lending officer of the FI.
120
Q

What are the IF’s Premises (Cơ sở) and disclosure requirements?

A
  • The dealer must carry on its business in such a way that it is made clear to clients that the business of the dealer and the FI are separate and distinct. (Separate premises within a branch are not required)
    -> clear to clients of the FI that the mutual funds
    they purchased from a separate entity. Clients are further informed that those mutual funds are not guaranteed by the financial institution, are not covered by
    deposit insurance (e.g., the Canada Deposit Insurance Corporation), and may fluctuate in terms of value and returns. This disclosure must be printed in boldface type and must appear on the following documents:
    • Fund prospectuses: The disclosure must be contained in the body of prospectuses; on
    renewals, the disclosure must appear on the face page.
    • Subscription or order forms: If these forms are used, disclosure must appear on them. (Order forms may not be required for processing telephone transactions.)
    • Confirmation slips
    • Promotional material: The disclosure must appear on all promotional material appearing or handed out in any branch of the FI.
  • The FI may lend money to a client to facilitate the purchase of mutual fund securities sold by the dealer. The dealer must disclose to the client that the full amount of the loan must be repaid, even if the value of the mutual fund securities (purchased with the loan)
    declines.