Chapter 8 - Customer Accounts Flashcards
Cold calling can only be done between
8am and 9pm local time of the party being called
When cold calling we are required to provide…
our identity, and a phone number and address where the caller or firm may be contacted
If request the caller can be placed on…
a do not call list. This must be maintained in house and should be compared to the national do not call list
Auto dialing is prohibited with use of an…
automated pre-recorded message
A fax sent to a customer must contain…
The date and time the fax was sent, the identity of the sender, and the telephone number of the sender
If there is prior business relationship the Do not call list does not apply. Prior business is defined by …
The person being called has an account with the person making the call and that there has been some form of activity during the last 18 months
Do Not Call list does not apply to
Non-profit organizations
Telephone consumer protection act apply to
wireless telephone numbers as well
If a firm outsources telemarketing functions…
they are responsibility for ensuring compliance
Unregistered cold callers are limited. They can:
Send investment literature
Set up cold calls
Extend invitations to firm events
They CAN NOT pre-qualify or profile a prospect
Before opening an account the customer must complete a…
New account report form. important part of the “know your customer” process
Essential Facts on the new account report form are
Any facts needed to service a customer’s account
those needed to act in accordance with special handling instructions for the account
Those needed to understand the authority of any person acting on behalf of a customer
those needed to act in compliance with applicable laws regulations and rules
New account reports must contain certain information
-Customer names- can use a number or symbol after making a written statement of ownership (no-false names are allowed)
-For individuals we need a street address, APO or FPO. If one is not available they can use a street address of a next of kin or another’s contact information
- email address
- phone number
- annual income bank references and net worth (excluding primary residence)
-Occupation, name and address of employer
- Whether the individual is a citizen
- date of birth
- Social security or tax id number
-Photo ID
-Identity of the RR
-Trusted contact person- optional
Firm can contact the trusted contact person to…
disclose information about the customer’s account to address possible financial exploitation
Confirm the specifics of the customer’s current contact information.
Discuss the customer’s health status
Identify any legal guardian, executor, trustee or holder of a power of attorney on the account
New account firm does not need to include
Names of other broker dealer firms where customer has account
The educational background of the customer
The tax return or tax bracket from the previous year
designation of beneficiaries
How we demonstrate diligence in opening an account
Find: investment objectives
Employment status
Estimated annual income from all sources
estimate net worth (excluding primary residence)
Estimated liquid net worth
Martial status and number of dependents
Age
New account report form must be signed by
Branch manager or principal
Not needed to be signed by customer or RR
Patriot requires what to open an account
Customer full and true name
date of birth
street address
taxpayer identification number
If any of this information is refused account should not be opened
Customer account information must be sent…
within 30 days of opening
once every 36 months
must be be updated within 30 days of receiving notice in change of investment objectives
Customer account information must be maintained for…
6 years after the account is closed
Joint Tenants with rights of survivorship (JTWROS) accounts
An account with two or more people, usually a married couple but not required
Upon ones death the other become sole owner
Surviving tenant must present death certificate and affidavit of domicile before the securities can be changed to be the sole ownership of the surviving tenant
Orders can be placed by either party
correspondents can be mailed to either party but must have both names on the correspondence
All check must be made out to both names
Tenants in common account
If one tenant dies their interest ownership passes to their estate
Either party can place orders
Transfer on Death (TOD)
Upon the death of an individual investor, the assets in the account are passed to the beneficiaries according to the TOD and avoid probate
Even though probate is avoided beneficiary is still responsible for any estate taxes owed
Probate
The will of a deceased person is handled in the court system
Can not us TOD on…
Limited partnerships, precious metals, variable annuities, fixed annuities, and commodities
Corporate accounts
investment accounts opened by a corporation
Must provide a certified copy of the corporate resolution and articles of incorporation and possibly the corporate by-laws or charter
Limited Partnership Account
Business account. Requires the signature of the general partner when establishing a new account
does not require signature of limited partners
Pattern Day Traders
Customers who execute 4 or more trades within 5 business days
Minimum $25,000 equity
most concerned with market timing risk
Least susceptible to inflationary risk, since the closed their accounts each day
Buying power is limited to 4 times maintenance margin excess in the account
Trust Accounts
Trust is where one person manages an account for the benefit of another
If margin is to be extended it must be authorized in the trust agreement
Types of trusts
Revocable (changeable)
irrevocable (not changeable)
living (set up when the grantor is living)
testamentary (created from a will)
Investment advisor
Anyone who receives compensation for giving advice must be registered under the investment advisors act of 1940
Exemptions include banks, lawyers, accountants, teacher and engineers; or anyone who gives advice as an incidental part of their profession and does not charge a separate fee
Discretionary Authority account
RR must obtain prior written authorization designating that the RR is authorized to trade in the account and they must also obtain the firm’s approval
Limited Trading Authorization (limited power of attorney)
Right to make purchase and sales decisions
Can not withdraw cash or securities from the account
Checks must be made payable to the owner of the account
If Trading authority is someone other then the RR, then the RR must know essential facts about that agent
Full trading authorization (full power of attorney)
Can make trades, sales and withdraw cash and securities from the account
Not unlimited privileges