Chapter 7 - Customer Accounts Flashcards

1
Q

All new accounts must be accepted and signed by a principal by-

A

I’m writing for the form before or promptly after the first trade is executed

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2
Q

How does a principal accept an account?

A

By signing the new account card. The vast majority are done electronically

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3
Q

What does the predispute clause require?

A

It requires that any dispute be spelled in binding arbitration, and include disclosures are final and binding, findings are not based on legal reasonings, parties are waiving right to a jury trial, customer must be provided with copy and must verify receipt with a signature, minority of arbitration panel is affiliated with the securities industry,

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4
Q

Copies of customer singed documents must be sent within how many days to the customer?

A

Within 30 days Of account opening or with the next statement

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5
Q

How often most farms reconfirm the customers information?

A

No later than 36 months from the time the information was last sent to the customer

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6
Q

Are you able to open accounts for customers who do not disclose financial information?

A

Yes, you may still open an account if there is reason to believe that the customer can afford to maintain the account.

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7
Q

Where can Security be held

A

Transfer and ship, transfer and hold and say keeping, hold and street name

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8
Q

What is transferring ship?

A

Securities are transferred and shipped in the customers name and the certificates will be sent to the customers address of record

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9
Q

What is transfer and Hold in safekeeping?

A

Securities are transferred and held and save keeping, registered in the customers name, and help by the brokerage firm. The broker dealer may charge a fee. Customers now elect to hold in DRS, or book entry form.

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10
Q

What is hold in street name?

A

Securities are registered in the name of the brokerage firm as the nominal owner of the securities in the customer is the beneficial owner. Most securities are held in this manner to make transfer of ownership easier.

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11
Q

How long can a firm hold customer statements?

A

If traveling within the United States, for up to two months. If traveling outside of the United States, up to three months. If the customer states a valid reason and submit a written request, the broker dealer may hold mail up to six months. If a customer is in the military he will be deployed for an extended period of time, he should open a military PO Box to receive statements and confirmations

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12
Q

What type of interest do parties in a JTWROS agreement have?

A

Both parties on the account have an equal and undivided interest in the assets

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13
Q

In a joint tenants in common, what happens to the assets if one party dies?

A

The assets of the tenant who died becomes the property of the decedents estate. It allows the assets to be divided and equally. Securities must be signed by all parties.

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14
Q

If an agent is notified of the death of a customer, what are the next steps?

A

The agent must immediately cancel all open orders and mark the account is deceased. The representative must then await instructions from the executor or administrator of the estate.

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15
Q

What does an agent need in order to sell or transfer assets from the estate of the deceased?

A

Letters testamentary, affidavit of domicile, inheritance tax waivers, or certified copy of the death certificate.

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16
Q

What is needed if a corporation wants to purchase securities on margin?

A

The registered representative must obtain a corporate charter that states that the corporation may purchase securities on margin

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17
Q

How is income from a revocable trust taxed?

A

It is taxed as income to the grantor.

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18
Q

How is income from a trust taxed from an irrevocable trust?

A

The trust usually pays the taxes as it’s own entity, or the beneficiaries of the trust or tax on the income they receive.

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19
Q

How is income distributed if the trust established is a simple trust?

A

All income generated by the trust must be distributed to the beneficiaries in the year the income is earned.

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20
Q

What is the term to describe trusts that are established under the terms of a will?

A

Testamentary trust. All assets placed into a testamentary trust are subject to both estate taxes and probate.

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21
Q

What is a family limited partnership?

A

It will often used for estate planning, parents may play significant assets into a family limited partnership as a way to transfer their ownership. The parents act as general partners and transfer a limited partnership interest to their children, typically saving money by paying gift taxes, as it will usually be lower than they would have paid without the partnership.

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22
Q

All discretionary authority must be evidenced in writing for which type of account?

A

Discretionary, custodial, and fiduciary. Any authorization for these is canceled upon the death of the customer.

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23
Q

In a discretionary account, a rep is authorized to do what without consulting the client?

A

AAA. The asset to be purchased or sold, the amount of the securities to be purchased or sold, or the action to be taken in the account, buy or sell. Time or price do not need discretion.

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24
Q

How long is a limited power of attorney for discretionary accounts good for?

A

Up to three years.

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25
Q

True or false, customers are bound by the decisions of the rep and discretionary accounts?

A

True, however the customer may still enter his own orders.

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26
Q

A full power of attorney is most appropriate for?

A

Fiduciary, such as a trustee, custodian, or guardian. It is usually not given to a rep.

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27
Q

All discretionary accounts must have the proper paperwork, including

A

Every order entered marked discretionary if it was exercised, must be approved promptly by a principal, a designated principal to review the account, and a record of all transactions.

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28
Q

What is a fiduciary account?

A

One that is managed by a third-party for the benefit of the account holder.The individual must act as a prudent person, and not speculative. Many states have approval list of securities.

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29
Q

True or false, a fiduciary may be reimbursed for expenses incurred in connection with the management of the account?

A

True

30
Q

Can a trust purchase securities on margin?

A

Most trusts may only open cash accounts, and may not purchase securities on margin unless specifically authorized to do so in the agreement

31
Q

What documentation is needed to open up an account for a guardian?

A

The rep must’ve taken a copy of the court order appointing the guardian, it must be dated within 60 days of the opening of the account. If it is older than 60 days the account may not be opened until the new court order is obtained. Guardians are usually appointed for individuals who are mentally incompetent adults or orphaned children.

32
Q

All UGMA account must have

A

One custodian, one minor, you GMA and the applicable state in the account title, and assets registered to the child’s name after he reaches the age of majority.

33
Q

What is not allowed for custodial accounts?

A

No margin accounts, penny stocks, high risk securities, borrowing from the account, commodities, speculative option strategies, no discretion to a third-party, distributions must be reinvest within a reasonable time, rights and warrants must be exercised or sold, support must be provided for all withdrawals on the account, withdrawals May only be made to reimburse the custodian for expenses incurred in connection with the operation of the account for the benefit of the minor

34
Q

What is the limit for contributions to a UGMA account?

A

There are no limits to the size of the gift, however the limit on the size of the tax free gift is $15,000 per year. All gifts to a UGMA are irrevocable.

35
Q

Who is responsible for the taxes on a UGMA account?

A

The minor is responsible for the taxes up to $2200 per year. Any unearned income that exceeds $2200 per year will be tax at the parents marginal tax rate if the child is younger than 14 years. If a gift exceeds $15,000 per year, the tax liability is on the donor of the gift, not the minor.

36
Q

If the custodian of a minor account dies, what happens?

A

If the custodian dies and no successor is indicated, a court or the donor may appoint a new custodian.

37
Q

What’s the difference between a UGMA account and a UTMA?

A

NAUTMA, the custodian may determine when the assets become the property of the child. The maximum age is 25 years old.

38
Q

What is a 529 ABLE account?

A

A tax advantaged savings account to provide for the care of individuals with disabilities. Individuals and they only have one a BLE account at a time and the disabled is both the account owner and the designated beneficiary. They may be rolled over into new able accounts for the same beneficiary. Contributions or after tax and grow tax-deferred. Distributions are tax-free for qualified care and quality of life expenses.

39
Q

What are qualified expenses for a 529 ABLE account?

A

Medical, wellness, transportation, housing expenses, assistive technology, education, and job training

40
Q

An individual must be disabled by what age in order to qualify for an ABLE account?

A

By their 26th birthday.

41
Q

What is the maximum contribution for an a BLE account

A

$15,000 per year, and subject to change. Anyone can make a contribution in the account maybe roll to another family member if that person meets the eligibility guidelines.

42
Q

What impact does an a BLE account have on a disabled persons eligibility for assistance programs?

A

The first 100,000 in assets in the A.B. LE account or excluded on estimating the amount of resources available. If the balance exceeds 100,000, the beneficiary may be placed into suspended status for receiving SSI until all resources and other accounts owned by the individual ball to $100,000 or lower.

43
Q

What happens to assets and NADLE account upon the death of the beneficiary?

A

The remaining assets will be used to re-pay Medicaid for any payments made to the beneficiary.

44
Q

What must an opening firm do when opening an account for an employee of another FINRA member firm, or for the spouse or minor child of the employee?

A

The opening firm must notify the employer in writing, and send duplicate copies of confirmations and statements upon written request only

45
Q

FINR a rule 3210

A

Requires an employee of a broker dealer who wishes to open an account at another broker dealer to obtain the employer’s written permission prior to opening the account. This includes the employees immediate family members.

46
Q

Advantages of a prime brokerage account

A

Allows clients to receive execution and research reports from the variety of broker dealers known as executing brokers

Allows customers to utilize several broker dealers to execute their orders while designating a central or main firm to maintain custody of their assets

47
Q

What is the minimum equity to open a prime brokerage account?

A

The client must have at least $500,000 in equity. If the account is managed by a registered investment advisor, the minimum account equity is $100,000.

48
Q

Define a prime broker.

A

The firm that carries and receives the customers cash and securities.

49
Q

What action must a firm take when they receive ACATS instructions?

A

They are received and validated, the account will be frozen, no new orders excepted, and all open orders must be canceled, except for open orders for options that expire within seven days

50
Q

How many days does a carrying firm have to validate transfer instructions or take exception?

A

One business day. Once the instructions have been validated, the firm has another three business days to complete the account transfer.

51
Q

List exceptions to transfer instructions

A

LCustomer signature is missing or invalid, account title does not match the carrying firms, Social Security number does not match, wrong account number, unsatisfied judgments tax liens, or subject to a court order, or the account is operating outside it’s credit or risk policies

52
Q

Well FINRA allow customer accounts to be transferred or the broker of record to be changed through a negative consent letter?

A

No

53
Q

When Maye a negative consent let her be used

A

For both transfer of customer accounts, when and introducing broker dealer is changing clearing firms as long as the letter is sent giving the customer 30 days notice, it must explain the reason for the change and if any charges may be incurred by the customer. It may not share personal information, and the customer must be notified of the option to move his account to another firm.

54
Q

What is the purpose of a margin account

A

Margin account allows investors to purchase securities without paying for the securities in full. The investor deposit a portion of the purchase price and may borrow the rest from the broker dealer.

55
Q

Define margin.

A

The portion of the securities purchase price that an investor must deposit into the margin account.

56
Q

What regulation controls the amount of the required deposit or margin?

A

It is controlled by the FRB under regulation T of the SCA of 1934. It controls which securities may be purchased on margin the amount of the initial required deposit, and payment dates.

57
Q

When must customers receive the margin disclosure statement?

A

If a customer purchase securities on margin, he must receive a separate statement at the time the account is opened and annually thereafter. If the firm allows customers to open accounts online, the disclosure statement must be clearly displayed on the firms website.

58
Q

What documents are required to be signed by a customer when opening a margin account?

A

Credit agreement, hypothecation agreement, and loan consent ( only one not required)

59
Q

What is the purpose of the credit agreement document?

A

States the terms and conditions under which credit will be extended to a customer and includes information on how interest is charged and about the rates that will be charged. The firm simply charges interest to the account.

60
Q

What is a hypothecation agreement?

A

Apply just a customer Security’s that were purchased on March as collateral for the loan. It allows the brokerage firm to take the same securities and repledge or re-hypothecate them as collateral for a loan at the bank to obtain a loan for the customer.

61
Q

What is a loan consent agreement?

A

This form is optional, and it allows the brokerage firm to lend out the securities to customers who wish to sell the security short. All securities purchased in a margin account or Hilton street name, so that the broker dealer may sell the securities to protect itself at the value of the securities fall significantly

62
Q

When is a broker dealer considered to be promoting day trading strategies?

A

If it holds seminars, advertises, or uses another company to provide services. It must provide the customer with a risk disclosure document and approve the account for day trading.

63
Q

True or false, a customers securities may never be commingled with the firms securities?

A

True. This is part of SEC rule 15C2-1

64
Q

What is a wrap account?

A

It is an account that charges the customer a set annual fee for both advice and execution costs. It is based on the assets in the account. Wrap account holders are given a schedule H which details the fees and charges prior to opening the account.

65
Q

True or false, wrap accounts are appropriate for clients to trade in frequently and use a buy and hold strategy?

A

False

66
Q

What is regulation SP?

A

Requires a firm to deliver and initial and annual privacy notice to all customers. The annual notice may be delivered electronically the other website, as long as the customer has agreed to receive it electronically in writing and it is clearly displayed.

It states that a firm may not disclose non-public personal information to non-affiliate companies for clients who have opted out. It also requires that the firm maintain adequate procedures to protect the financial of its customers.

67
Q

What are reasonable methods to opt out of regulation SP?

A

Emails or a toll-free number. It is considered unreasonable to require a customer to write a letter.

68
Q

What is the difference between a customer and a consumer?

A

The customer has an ongoing relationship, such as an account with the firm. A consumer is someone who is providing information to the firm and considering becoming a customer, or someone who has purchased a product from the firm and has no other contact.

69
Q

Can a client of a brokerage firm opt out of sharing information with an affiliate company?

A

No

70
Q

What is regulation SAM?

A

It prohibits broker dealers from soliciting business based upon information received from affiliate a third parties unless the potential marketing have been clearly disclosed, and the potential for the customer to opt out as provided.