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Series 10 > Chapter 2 - Customer Accounts > Flashcards

Chapter 2 - Customer Accounts Flashcards

1
Q

Customer Account Form

A

Basic info:
1. Name
2. Address
3. SSN or TIN
4. Date of Birth

Obtained prior to account opening directly from customer

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2
Q

Customer Account Form supplemental info

A

Margin/Cash, Occupation, Citizenship, Statutory insider

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3
Q

Customer Identification Program (CIP)

A

Inform customers they will be verified. Typically with active Driver’s License, can use database to verify.

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4
Q

SIPC

A

Provided at account opening.
Insures client against B/D failure

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5
Q

Arbitration agreement

A

Is not required by FINRA, but in practice every firm requires it. If required, client must also sign acknowledgement of the agreement (copy provided within 30 days of opening)

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6
Q

Pre-dispute Arbitration disclosures

A
  1. giving up right to sue
  2. arbitration is binding
  3. awards do not have to be explained
  4. panel will have minority representation of former industry professionals
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7
Q

KYC essential facts are required to

A
  1. service account
  2. handle special instructions
  3. understand any authority on behalf of customer
  4. comply with any applicable rules or laws
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8
Q

Account opening Rep Signature

A

only required if a suitability determination is made, otherwise just manager signs after reviewing info

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9
Q

Account profile

A

customer must verify within 30 days of opening and every 36 months thereafter (includes info other than basic info)

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10
Q

3 components to suitability

A

reasonable-basis suitability
customer specific suitability
quantitative suitability

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11
Q

reasonable basis suitability

A

big picture strategy that could be right for various investors

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12
Q

customer-specific suitability

A

after reasonable basis, compare it to their investment profile

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13
Q

quantitative suitability

A

after reasonable basis and customer specific suitability has been determined, how many times can this transaction occur? this rule is to prohibit churning.

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14
Q

Customer personal balance sheet

A

after all suitability determinations have been made, must be able to determine the client can afford it. know their liquid net worth.

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15
Q

Suitability rule exceptions

A

Institutional customers
Unsolicited Trades
Investment Analysis Tools

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16
Q

Long Term CD disclosures

A

subject to market risk
price may go below purchase price
limited secondary market
some are callable
step-up or step-down risk
FDIC only if in customer’s name

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17
Q

Structured Products

A

Can be very high risk.
Credit risk, there is no underlying portfolio, just the promise from the issuer
Can trade on secondary market, ETNs

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18
Q

Reverse Convertible Note

A

Buyer is typically neutral or slightly bullish.
Max Gain is 100% principal and yields, Max Loss is converting to worthless stock

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19
Q

PIPE offerings

A

Reg D, each instance must pass reasonable-basis suitability.
Then customer-specific, even if they are accredited.

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20
Q

Pattern Day Trader

A

4 or more day trades (round trip) in 5 business days. Must be in margin account

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21
Q

Day Trading Disclosure

A

Before opening Account

Risky, exaggerated claims, requires knowledge, commissions, margin risks

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22
Q

Day Trading Suitability facts

A

obtain prior to account opening, or within 10 days of finding out.

objectives, experience, finances, tax status, age/dependents,

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23
Q

Non-managed Fee Based Account (NMFBA)

A

must determine annually that it is more cost effective than commission based, prevent reverse churning

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24
Q

advisory product

A

all fee-based accounts, advisor must be an adviser rep.

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25
Q

Senior Citizen risks

A

firms do not have to “shield” senior citizens from risks they want to take, but must make sure they understand the risks associated

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26
Q

Recs for seniors that need extra justification

A

variable annuity/life, real estate LP, CDOs, mortgage/IRA funds for high risk investments

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27
Q

25-55 business day holds

A

if exploitation is suspected for senior or mentally impaired, account can be put on hold, can be extended another 30 days if still suspected. must notify “trusted contact” within 2 days

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28
Q

trusted contact

A

to disclose info about possible financial exploitation, confirm specifics regarding clients capacity, obtain identity of any guardian or POA

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29
Q

Free lunch seminars

A

are not prohibited but strongly discouraged

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30
Q

internal process for suspected mental capacity

A

document and escalate to firm designated persons. then stop trading in account and maintain contact with investor/emergency contact

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31
Q

Margin Account documents

A
  1. Must sign margin agreement & receive “margin disclosure statement”
  2. “loan consent” not mandatory but firms often require it
  3. “credit disclosure statement” explains loan balance and interest
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32
Q

joint with rights of survivorship, JTWROS

A

each party owns undivided interest, other person assumes ownership if one dies. new acct info needed for both people, but one will be primary for tax purposes

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33
Q

Tenancy in common

A

specified interest by each party, death puts their portion to their estate. needs both persons info.

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34
Q

Divorce & joint accounts

A

if rep knows about divorce, cannot distribute funds without written instructions from both parties

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35
Q

TOD accounts

A

instead of jt, individual acct, but specified beneficiary that bypasses probate. avoids divorce/second marriage issues

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36
Q

corporate account

A

copy of corporate charter required
must know who is legally responsible to trade acct via corporate resolution w/ seal

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37
Q

limited trading authorization

A

buy/sell orders can be entered, but no withdrawal of funds

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38
Q

full trading authorization

A

trading and money movements allowed

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39
Q

durable/non-durable POA

A

non-durable ceases if client is mentally incompetent, both cease upon death

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40
Q

fiduciary

A

a third party is acting in the best interest of the owner of the account

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41
Q

fiduciary accounts

A

cash account unless specified in appointment docs
follow prudent man/legal list rules OR prudent investor rule- can have risk adjusted profile instead of simply low risk investments

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42
Q

Discretionary accounts

A

requires POA before any trades
considered discretionary if more than time and price are chosen

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43
Q

not held orders

A

orders entered “not held” are NOT discretion and they bypass automated systems and are worked by a floor trader. Day orders only.

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44
Q

prohibited trades in discretion

A

if a principal finds trades are:
unsuitable
too frequent
too big
-any losses to reverse trades are charged to rep

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45
Q

bulk transfers

A

switching funds via negative consent if it is due to default, m&a, changes in sweep or clearing. must send letter with comparisons and prospectus and then wait 30 days to implement negative consent.

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46
Q

opening accounts for employees of another firm

A

must obtain, in writing,
1. their association with their member firm
2. approval from their firm before account opening
3. must send duplicate trade confirms and statements upon written request of the employees firm

MF/529 accounts are exempt

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47
Q

FINRA Employees

A

Cannot buy stock in IPO
Cannot have stake in B/D that contributes to more than 10% of B/D’s revenue
Cannot options trade on B/Ds
Must disclose all brokerage accounts to FINRA and send duplicate statements

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48
Q

UGMA accounts

A

Anyone can open them and be reimbursed for expenses related to operation
Gifts to account are irrevocable
All securities are in account name
Cannot sit in cash
Only one custodian, no third party authorization, but successor can be listed
No margin/options - “prudent man” but can do covered calls
rights or warrants must be exercised or sold, cannot let expire

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49
Q

UTMA accounts

A

newer version of UGMA, can include any kind of asset.
Typically goes until age 21 rather than 18

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50
Q

Omnibus account

A

For Investment Advisors to trade on behalf of large number of clients in one account.
Each client still needs to fill new account form and third party authorization
Charged an annual fee

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51
Q

Prime Brokerage Account

A

Hedge Fund will have an account at a firm with good clearing and margin capabilities, but still executes trades with other firms. Hence, in this instance, “trading away” is allowed.

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52
Q

Capital Introduction Services

A

Firms bringing HNW clients to prime brokers who in turn give their prime business to that firm. everything must be suitable.

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53
Q

Numbered Accounts

A

If the customer wishes to keep their name private, their account can be a number. Firm must keep written record of this agreement and monitor any potential AML issues.

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54
Q

Trade Confirms

A

Must be sent at or prior to completion of transaction. But typically firms send them on T+1

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55
Q

Account Statements

A

Monthly if activity, otherwise quarterly.
Any discrepancies must be brought to firm’s compliance department

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56
Q

Holding mail

A

only by written request can mail be held for up to 3 months. only for valid reasons can it be held longer, convenience does not count

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57
Q

Address Changes

A

Must be verified in person, over phone, in writing. Beware of “in care of, C/O” changes

58
Q

Error in Execution

A

Customer must get price and shares as intended, as long as market would have allowed it

59
Q

CAT, Consolidated Audit Trail system

A

Started replacing OATS in 2020 and fully replaced in 2022.
Must enter name and amount of security, terms of the order, time of transmission and execution.
Incomplete order tickets are not accepted

60
Q

CAT requires:

A
  1. reporting for listed NMS securities, listed options, and OTC equities.
  2. market makers to report their quotes.
  3. B/Ds to report orders, order changes, cancellations, and executions in 50 milliseconds or smaller (1 millisecond is smallest).
  4. customer accounts linked to each order or trade.
61
Q

CAT Alterations to tickets

A

not allowed before or after entry, but can have exceptions that must be documents and signed off by principal

62
Q

CAT orders by Investment Advisors

A

The only types of orders that can leave customer name out since the advisor trades in his account. orders must be allocated to client by noon next business day

63
Q

Customer Complaints

A

Must be kept in OSJ for 4 years, including action taken/resolution.
complaint must be “acknowledged”, but does not require a written response.

64
Q

Voting materials

A

must be sent to client at no expense (as long as in US). materials are sent to B/D since they hold the stock in street name, but the clients are entitled to vote as the shareholder

65
Q

Voting material reimbursement

A

B/Ds are reimbursed by issuers for forwarding their voting materials to clients. reimbursement is according to schedule set by FINRA

66
Q

Proxy records

A

must be kept for 3 years total, 2 readily available
date of receipt from issuer, names of customers, all voting instructions, and a summary of all proxy votes

67
Q

Account Transfers

A

Sign TIF/ACATS form at receiving firm, with medallion guarantee.
Some assets may not be transferrable.
TIF must be sent “immediately”

68
Q

Receipt of TIF

A

firm has 1 business day to verify positions and validate or take exception which must be resolved promptly.

69
Q

After TIF is validated

A

no new orders can be placed, unless options contract within 7 days of expiration.
firm has 3 business days to transfer positions to new firm.
positions not physically at firm must be acquired and sent within 10 business days (typically short shares or margin accounts).
for 6 months any divs or int will be forwarded to new firm

70
Q

Valid delays for transfers

A

most common are most restrictive margin minimums at new firm, or any lien on holdings.
Disputes over money or security valuations are not valid reasons to delay transfers.

71
Q

Interfering with account transfers

A

Firms CANNOT interfere. If a rep has a non-compete, they can get a court order against him soliciting, but they cannot get a court order against clients leaving on their own.

72
Q

The Broker Protocol - rules of disengagement for rep’s switching firms

A
  1. info that rep can take: client name, address, phone number, e-mail address, and account titles
  2. cannot contact clients until fully employed at new broker
  3. cannot have anyone else contact clients for them
73
Q

Educational Brochure

A

once rep is at new firm, must give client educational brochure which states:
1. could be potential conflicts of interest
2. some assets may not be transferrable
3. new firm could have higher fees
4. products and services available may not be the same

Must be sent within 3 months of transfer, whether client was solicited or not

74
Q

Dealing with non-transferrable positions

A

a recommendation to liquidate the position still must go through suitability review. Rep might have to advise client to keep assets at old firm.

75
Q

Negative Consent Bulk Transfer

A
  1. Member at risk of going out of business
  2. Introducing firm is out of business or changes clearing firm
  3. Member firm is being acquired, or networking arrangement changes
  4. Sometimes - if rep leaves directly held funds/variable product negative consent can be used

Negative Consent- client can opt out, but action will be taken with no response.

76
Q

Death of Customer

A

Freeze account, no new orders or moving of funds.
Mark date of death for valuation purposes
Await further action from Executor

77
Q

Transfer assets to beneficiary probate

A
  1. Death certificate
  2. will
  3. probate court filing
  4. proof of domicile and tax waivers
78
Q

Transfer of assets to beneficiary without probate

A

just need death certificate and potentially proof of domicile

79
Q

Security valuation for beneficiary

A

are given value as of date of death. if any tax due must be paid within 9 months of date of death

80
Q

Escheatment Process

A

If assets have not been claimed for 5 years, they’re turned over to the state. B/D must have record of trying to contact client. Client can then reclaim assets from state, they will be valued by the escheatment date

81
Q

Currency Transaction Report, CTR

A

Any currency transaction in excess of $10,000, or one structured just under $10,000, reported to FinCEN. International exchange of currency on CMIR and FBAR

82
Q

PATRIOT Act

A

Requires financial institutions to:
1. have written AML programs
2. Provide ongoing training
3. report suspicious transactions and actvitiy

83
Q

Customer or Transaction is considered high risk if:

A
  1. home country is NOT member of Financial action task force, 29 countries combating money laundering
  2. associated with foreign jurisdictions that have bank secrecy laws
  3. operate cash-intensive businesses
84
Q

Drivers License/Passport

A

most firms use this to independently verify name and address and/or non-resident aliens

85
Q

Lists must be checked before account openings

A

OFACs SDN
Terrorist watch list

86
Q

Filing SARs

A

When there is suspicious activity in an account, file a SAR within 30 days for transactions over $5000. Can be filed immediately if suspicious enough. Do not inform client.

87
Q

Rule 3310 AML

A
  1. policies that detect suspicious activity
  2. designate person responsible for day-to-day controls
  3. annual independent testing (WHICH IS DIFFERENT THAN #4…)
  4. provide ongoing training of personnel
    Includes KYC policy and having designated AML compliance person who FINRA is aware of
88
Q

Reg T

A

Initial margin requirements set by the Fed. for non-exempt securities

89
Q

Minimum Maintenance

A

second level of margin applied by FINRA and exchanges.

90
Q

Margin Agreement

A

Must be signed for margin account to open.
Customer pledges securities to the firm, and the firm loans the customer funds to pay for the securities.

91
Q

Reg U

A

Brokers cannot borrow more than the amount of they loaned to the customer, because they are using the customers shares as collateral.
Cannot rehypothecate more than 140% of the debit balance.

92
Q

Corporate Bonds & Reg T

A

Corp Bonds are non-exempt yet the Fed chooses to not set margin requirements for them, only FINRA minimum maintenance applies.

93
Q

Marginable Securities

A

Must be actively traded
Listed on an exchange
If enough volume, some OTC stocks
New Issues AFTER 30 days
No options (except LEAPS)

94
Q

Cash Account Reg T

A

Stocks must be paid in full by settlement date + 2. In “exceptional” cases a Reg T extension can be requested. If funds are still not paid, account is frozen (cash or securities must be in hand for any trades to be executed)

95
Q

Margin Account Reg T

A

Payment must be collected like cash accounts, settlement plus 2. But only the Reg T or Maintenance amount is required.

96
Q

Arbitrage Account Reg T

A

Simultaneously buying and selling short. net position is zero. “short against the box”

97
Q

Fall to deliver

A

sold a security but did not provide shares by settlement. from there they have 10 business days to buy the security to deliver.

98
Q

Minimum Maintenance vs Reg T

A

Whichever is higher applies, but typically Reg T are higher. Maintenance only applies to exempt securities. Calls must be met “promptly”

99
Q

Minimum initial equity amounts for long account

A

new margin accounts need initial equity deposit of $2000, or full amount, regardless if its over 50%. ie buying 100s at $30 needs $2000, not $1500 (50%).
Also, if the total purchase price is under $2000, the full amount must be paid. ie buying 100s at $15 needs $1500 (100%), not $2000

100
Q

minimum equity amounts for short accounts

A

Must have $2000 equity at any time due to unlimited potential loss. Same as long except even if full trade is less than $2000 in value, still need to have $2000 deposited.

101
Q

Cheap Stock Rule

A

Shorting “inexpensive” stocks (under $10/share).
Must keep equity equal to share amount * $5/share if stock is between $10 and $5
Must keep equity equal to greater of 100% value or share amount * $2.50/share if stock is between $5 and $0

102
Q

FINRA minimum maintenance for long stocks/convertibles

A

25%

103
Q

FINRA minimum maintenance for short stocks/convertibles

A

30%

104
Q

FINRA minimum maintenance for long/short corp/muni bonds

A

Corporate = greater of 20% MV or 7% face
Muni = greater of 15% MV or 7% face

105
Q

Arbitrage Account minimum

A

5% of long market value

106
Q

SMA

A

Excess equity in margin account. Can be borrowed, but debit increases, SMA increases by 50% of $1 MV increase.
If customer buys, SMA is used
If customer sells, SMA increases

107
Q

Restricted account (margin)

A

fallen below initial margin, but not yet reached minimum margin. Purchases still need 50% margin rate. Sells will use 50% of proceeds to reduce margin debit.

108
Q

Margin Call

A

Account equity falls below 25% account value. Funds must be deposited. It is ok if account falls below initial $2000 equity minimum but still above 25%

109
Q

solve for 25% maintenance level

A

debit balance / .75
this is what LMV can fall to before a margin call is issued

110
Q

market value and SMA

A

if MV rises, SMA increases
if MV falls, SMA stays the same. This is to stabilize falling markets

111
Q

Dividends in margin accounts

A

used to reduce debit and 100% credited to SMA for 30 days

112
Q

Short Sales

A

must be in a margin account
order ticket must be marked “short”
sale must comply with Reg SHO

113
Q

SMA in a short account

A

Equity - 50% of MV
Every $1 decline MV makes $1.50 SMA

114
Q

Short Account Restricted rules

A

If more short sells are made, Reg T applies
If purchase is made, 50% of proceeds must be retained (retention requirement)

115
Q

Minimum maintenance for short accounts

A

30%
Account will be at maintenance when:
SMV = Credit balance / 1.3

116
Q

Long Account Equity

A

Long Market Value - Debit

117
Q

Short Account Equity

A

Credit - Short Market Value

118
Q

Combined Margin Accounts

A

Figure Equity Values and Maintenance Values on their own, and then add results together

119
Q

Other Reg T accounts

A

Omnibus, B/D Credit, Market Functions (prop positions with lower margin limits), Non-securities credit (commodities, fx, esop)

120
Q

When Issued margin

A

not covered by reg T, but finra requires 25% initially, then 50% when issued

121
Q

Reg X

A

Places regulatory responsibility on both borrow and lender - borrowing from foreign bank is subject to Reg T

122
Q

DVP

A

B/D has 35 days to pay, customer has 4 days

123
Q

Pattern Day Trade Margin

A

Pattern Day Trade assumes no positions at EOD, so margin is calculated based on highest intra-day price.

124
Q

Buying power in Pattern Day Trade Account

A

4x, but if outstanding margin call, 2x.
Cannot “cross-guarantee” like regular margin account

125
Q

portfolio margin

A

less stringent requirements for more sophisticated investors, hedged stock positions, but not for bond positions.
minimum equity:
$100,000 for indv accts
$500,000 for prime accts
$5,000,000 for day trading or unlisted derivatives

126
Q

opening portfolio margin account

A

Must get FINRA approval
Firm must be able to supervise
Must be approved for uncovered options writing
customer must receive Portfolio Margining Risk Disclosure Statement prior to first transaction
Must sign acknowledging they have read statement

127
Q

Leveraged ETF

A

designed to generate multiples of an index return. use derivatives/futures to multiply returns. volatility is multiplied. Margin minimum is also multiplied by the % the ETF is leveraged

128
Q

Limited Partnership Margin Exemption

A

Must be registered with SEC or sold under exemption
Put 50% down
Payments reasonable to capital needs of issuer.

129
Q

Mutual Fund Shares Margin

A

Not marginable for first 30 days, since all shares are a “new issue”

130
Q

Customer Credit Terms Disclosure

A

conditions, rate, and method of computation for interest charged
how debit balance is determined
conditions rates will change & 30 days notice
Nature of liens or any other charges for account
**does not give stated rate of interest

131
Q

Reporting short positions

A

Members must report a list of all short securities (NASDAQ and OTC market groups) on 15th and last day of month (bi-monthly).
FINRA publicizes info to show short interest in stocks

132
Q

Mark-up charge is based on

A

Lowest ask

133
Q

Mark-down charge is based on

A

Highest bid

134
Q

Temporary hold due to elder exploitation

A

Customer and trusted contact must be notified within 2 business days

135
Q

PIPE customer level suitability determination

A

For both accredited and non-accredited investors

136
Q

Selling during ACATS

A

Once sending BD verifies positions, orders must go through receiving BD even if shared are physically still at sending BD

137
Q

SEC Penny stock rule

A

Only applies to solicitation of OTCBB or Pink OTC Markets under $5. (AKA, non-exchange listed, non-NASDAQ issues)

138
Q

Reg U lending

A

lending from banks to customers, securities used as collateral.

139
Q

Credit Regs

A

Reg U - credit from bank to broker
Reg T - credit from broker to customer

140
Q

marginable securities

A

the Fed approves all exchange and NASDAQ-listed securities for margin

141
Q

senior seminar

A

highly discouraged but not prohibited. recommendations are permitted if supporting info is provided.

142
Q

pattern day trading buying power

A

4x margin excess
2x margin excess if call outstanding

Series 10 (5 decks)

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