Chapter 2 Flashcards
How much time or notice is a Firm required to give their client when change ‘house’ maintenance margin?
NO NOTICE is required. Firm can change maintenance margin at any time and is not required to give clients any notice.
Under SEC rules, a prospectus in use for more than 9 months cannot contain information more than:
16 Months
A prospectus in use for more than 9 months cannot contain information more than 16 months old. This rule applies primarily to mutual funds and to ensure that mutual fund prospectuses are relatively current.
Mutual Fund prospectuses cannot include financial information that is more than 12 months old?
TRUE or FALSE
FALSE
MF cannot have financial information that is more than 16 months old.
How frequently does the BCP need to be reviewed?
Required to be reviewed Annually
Can a subordinated loan be pre-paid before termination?
Only if it has been in existence for at least 1 year, not earlier.
Pre-Payment requires prior written Approval from FINRA
How many days must a client wait in selling Fund Shares in order to take the gains/proit?
7 days
Clients cannot flip Mutual Fund shares.
A person who owns 4% of the equity in a failed firm, would his accounts be covered by SIPC?
YES - 5% is the cut off for ownership.
- Officers or Partners are not covered
- Other members with Prop Accounts are not covered.
When relying on the FINRA list of common securities with eligible borrow, how old can the list be for an RR to rely on it?
no more than 24hrs old.
According to the SEC rules, what is the record retention requirement for Exception Reports?
18 Months
What are the Criminal Penalties for Insider Trading?
Imprisonment for 20 years
Fines up to $5 Million for natural persons
Fines up to $25 Million for other persons (business)
Where a broker dealer finds they are in Early warning, when must they report this to FINRA?
Within 24 hours
- Net capital falls below 120% of minimum.
- AI-to-NC exceeds 12:1
When must lost or stolen securities be reported to the SIC?
If no criminal action suspected, lost securities, 2 business days to locate. if still missing on 3rd day, MUST report to SIC AND Transfer Agent + FBI promptly.
if Criminal Action suspected, member has 1 day to report.
If a member’s net capital is below 125% of its minimum for more than 15 consecutive business days, what can FINRA require the member to do?
Reduce its business.
What are the thresholds for being able to charge Performance Fees?
$1 million under management with the investment adviser or
$2 million net worth (at the least)
How long is a Break Point Letter of Intent good for? and how far back can it be backdated?
Good for 13 Months
Backdate 90 Days
What are Asset based sales charges:
allows company to charge certain selling and distribution expense to tis assets; computed annually, and charged to shareholders quarterly.
Under Code of Procedures - where FINRA Enforcement issues a formal complaint, how long does the BD have to respond?
25 Days
2nd letter gives 14
A carrying firm must provide its customers with information on which of the following semiannually and annually?
Balance sheet.
Income statement.
Net capital.
Balance Sheet and
Net Capital
(unaudited semiannually and audited annually)
Under the Code of Procedures, What are the 3 Sanctions and max duration of suspension?
Censure
Fine
Suspension - for member or associated person up to 2 years.
When is the margin risk disclosure required to be given to clients:
Risk Disclosure:
- Prior to or at the time of account opening
- Annually Thereafter
In its notice to the SEC and FINRA reading termination of its independent accountant, a member must address all accounting and auditing disputes with its former accountant over the prior?
24 months.
all disputes over the 24-month period before termination must be addressed.
Firm must notify FINRA within 15days of termination
Under COP - if no response, under a second Notice form Enforcement, how long does respondent have to reply?
14 Days
What are the Civil Penalties for insider Trading violations
3x Profit make or losses avoided on person who committed violation
Greater of $1Million or 3x the profit made or losses avoided not eh Controlling person (someone who took no steps to prevent it)
For investment ‘funds’ what is the NAMING Rule?
Funds that use a name denoting sectors or products, must be 80% invested in those areas:
small-cap/mid-cap global, international
Records are generally kept for : Life, 6 years or 3 years,
what kind of records would be kept for ‘4’ years?
Written client Complaints received.
A Firm must establish Emergency Contact Persons: what are the criteria?
Must have 2 Associated persons as Emergency Contact Persons
- At least 1 must be a member of the senior management and a registered principal.
- if the other is not a registered principal, they must be a member of the senior management.
what kind of event would prompt a member firm to provide Blue Sheet information to SEC / FINRA
Insider trading inquiries result in FINRA /SEC requesting specific client information on ‘Blue Sheets’
Are Leap Options eligible for Margin?
YES
LEAPs options, which are long-term options, are marginable as long as there are more than 9 months to expiration. Reg T requirement is 75% of the premium.
Which of the following FRB rules governs the lending from banks to broker/dealers with securities as collateral for such loans?
REGULATION U
Bank-to-broker/dealer lending is covered under Regulation U. It also governs bank-to-customer lending when the proceeds are used to purchase securities.
What is the maximum fine $$ for a MRV (minor rule violation) under the COP
$2500 is the maximum fine assessed by NAC.
National Adjuditory Counsel imposes the fines.
An introducing firm that does NOT receive or hold customer securities has a minimum net capital requirement of
$5,000
if they were to receive customer securities = 50K
What are the 3 conditions for Repurchase Agreements?
Only good for Exempt Securities: US Gov or Municipal Bonds
Must be In Writing
Time and price must be specified
Are REITS considered Investment Companies as regulated by the Investment Company Act of 1940?
NO they are not.
they own commercial property or mortgages on the properties (or both)
- REITS are Trusts (not limited partnership)
- Publicly owned - must be registered with SEC & eligible for SIPC coverage.
What is the minimum net capital for Firms Acting as Prime Brokers?
$1.5 Million for Prime Brokers
$1 Million for executing dealers of a Prime Broker
$1 Block Positioning
The amount of a firm’s fidelity bond must be recalculated
each year upon the expiration of the bond
Fidelity bonds must be reviewed and renewed annually, within 60 days of the bond’s expiration date (anniversary date).
What are 4 conditions a fund must have if charging 8.5% max sales charge?
Break Points
Rights of accumulation
Dividend reinvestment
Cannot impose 12b-1 fees
What Rules are Captured under the Code of Procedure
FINRA rules
MSRB rules
Federal Securities Law
Employee Trading accounts require prior written approval, but what kind of transactions do not apply to Rule 3210
Unit Investment Trusts
Municipal fund securities
Section 529 Plans
Variable contracts
Under SEC rules, the minimum equity required to be held in a prime brokerage accounts is
$500,000
Under what condition are Broker-Dealers exempt from registering as Investment Advisers?
when BDs Investment Advice is incidental to the conduct of the BD’s business and who receive no special compensation for the advice.
member firms who offer WRAP programs are not exempt from registering.
For an established Carrying Firm: In the event of the following, when must FINRA be notified:
- Net capital falls below 120% of minimum.
- AI-to-NC exceeds 12:1.
These Represent Early Warning
Which is reported within 24 hours (not immediate).
Firms are required to report to FINRA their short positions, how frequently and by when?
Firms are required to report Twice / Month and must submit reports by 6pm of the 2nd business day after report.
A trailer commission is usually associated with which type of Mutual Fund?
12b-1 fees charged by mutual funds
Trailer commissions, also known as quarterly trailers, are associated with mutual funds that charge 12b-1 fees. These fees are charged periodically, and the registered representative who sold the fund receives a percentage. These fees, and their commissions, follow the initial sale.
Describe Soft Dollar Arrangements?
commission revenue directed to broker-dealers (“paying up”) by institutional investors in return for services such as research, Bloomberg, Wallstreet journal, trading system fees..
What is the required fidelity bond coverage for a firm with 250,000 min net capital?
FINRA’s chart indicates $600,000 for a firm with Net Capital between 250-300K
What is the Statutory limitations for a claim going to Arbitration?
6 years from the event.
What is the 140% Rule
The amount of customer securities that can be pledged to a bank for a loan is limited to 140% of the customers DEBIT BALANCE.
Ensures member does not borrow more from a bank, using customer securities as collateral.
The Firm can never borrow more than it reloans the customer
During Arbitration - where a customer asks for a copy of their pre dispute Arbitration agreement, how many days the the Dealer have to respond/provide?
10 Business Days to Respond
What is the maximum duration of a Temporary Subordinated Loan?
45 Days
Firms are only permitted to partake in 3 SL per year
What is the time limit for filing an SIPC claim?
clients have 6 months to file an SIPC claim.
How often are Broker Dealers required to conduct a Security COUNT?
Quarterly - if missing during a count, required to notify SIC.
An introducing broker/dealer that operates on a fully disclosed basis and does not hold any customer funds or securities - how frequently must they compute reserve requirements?
This dealer would be Exempt from the requirements given it operates on a fully disclosed basis and does not hold any client funds or securities.
It is exempt from the reserve requirements of SEC Rule 15c3-3.
what kind of funds are required to calculate their NAV at least once/day?
NAV of Redeemable Securities = must be calculated at least once / day.
Closed end funds (whose share are not redeemable) are not obligated under this rule.
What 2 entities are not included in the definition of Investment Companies?
Variable Annuities
Holding Companies
For Public Arbitrators, what is the cut off in years and % of time devoted to securities business that would eliminate such as Public Arbirator
15 years / 20%
Attorneys and Accountants who was for a total of 15 YEARS or more,
Devoting: 20% or more of professional Time
How long must copies of client Complaints be retained for?
4 Years