Chapter 7 Part 4 Flashcards
investment supervisory services represent the
continuous advice related to the investment of funds and given on the basis of individual client needs
the initials RIA (Registered Investment Adviser) and iAR (Investment Adviser Representative) may
not be used in client communications
The use of the term financial planner by someone who is engaged solely in selling products may be
a deceptive practice under tbe USA
The SEC does not specify a system for allocating trades, but it does state that advisers must
“treat all
clients fairly and equitably. Favoring one client or group of clients over others is prohibited. The adviser should adopt a set program or formula for allocating trades among different clients on a nondiscriminatory basis”
Another concern of the SEC is an adviser’s practice of bunching orders. Many advisers bunch
(aggregate) orders to obtain volume discounts on execution costs. The shares received as a result of these bunched orders must also be allocated fairly
If clients impose limitations on how advisers may execute securities trades on their behalf, such as by directing the firm to use a specific broker dealcr to execute their securities transactions, the adviser has an obligation to
disclose fully the effects of these limitations to the client
An agency cross trade occurs when an invcst1nent adviser
acts as a broker for its client and for another person on the other side of the transaction. rules governing agency cross trades are the same for state and federal regulators
Agency cross transactions are not permitted if the investment adviser recommends the transaction to
both the buyer and the seller-one side of the trade must be unsolicited
For cross trades to be effected, the following conditions must be met The advisory client must provide
written consent authorizing the investment adviser to effect agency cross transactions. Before obtaining written consent, the investment adviser must provide a written disclosure that there may be a potential connict of interest
For cross trades to be effected, the following conditions must be met The investment adviser must send the client a
Written confirmation, no later than the completion of the transaction, that includes: The nature of the transaction; The date the transaction occurred; An offer to provide, on request, the time when the transaction took place; the source and amount of any other compensation received by the investment adviser in connection with the transaction
For cross trades to be effected, the following conditions must be met The investment adviser must send to each client, at least annually, a
written disclosure identifying: The total number of agency cross trades effected during the period; The total amount of commissions received by the investment adviser during the period
For cross trades to be effected, the following conditions must be met Each written disclosure and confirmation must include a
conspicuous statement that the client’s written consent allowing agency cross transactions may be revoked at any time by giving written notice to the investment adviser
Principal and cross trades are a standard patt of business for
a broker-dealer and, therefore, the same disclosure rules do not apply. Clients will be aware of the capacity in which the broker-dealer executed the trade because all client confirmations are required to indicate this information
When an investment adviser buys or sells securities for its own account at its own risk, it has effected
a principal trade
ln order to effect a principal trade, an investment adviser must Receive a
written, revocable consent from a client authorizing the adviser to act as principal for its own account after a written disclosure is provided to the client explaining: The circumstances under which the adviser may engage in principal trades, and The significance of conflicts with its clients as a result of the trades