Chapter4: Communication And Compensation Flashcards
When documentation is provided
New clients-48hrs before contract or at time of entering into a contract if client can terminate within five days.
Existing clients-each year.
The brochure rule
Requires written disclosure document to each advisory client or potential client. Or provide form ADV II Includes background information, services and fees, disclosure from compensation from a third party, whether iA exercises discretion over funds, types of clients and affiliation with broker dealers
Special disclosures
If IA is principal for own account or as broker dealer for both client and another person on a securities transaction. Must have written consent
Wrap fee(schedule H form)
Attached to ADV II, not include manage account programs or mutual fund asset programs. Fee charged to wrap account.
Managed account programs
Traditional portfolio management services offered by money managers.
Mutual fund asset allocation
Fee based on percentage of the total assets
A wrap account
Not based in number of transactions, one fee for advisory services and brokerage trades
Form 13 F
Over $100m or more in discretion
SEC rules on contracts
Performance based fees are prohibited, not misleading on right to legal action, can’t force client to waive legal rights of IA act of 1940, forbids assigning contract without client consent.
Uniform securities act on contracts
Disclose services and fees, conditions to assign to another party, requires consent to assign contract away.
Advertising
Any letter, notice, circular, or other written communication to more than one person. Internet, radio, tv or anyother mass communications.
Advertising may not
Refer to testimonials about advisor accept with consent, refer to possible recommendations, advertise as free if not completely, represent graph, chart, formula that by itself determines whether the client should buy or sell a securities.
Clover capital letter
Performance advertising prohibited if it includes rests that don’t reflect fees and commissions, economic effects, and fails to reflect reinvestment if dividends and capital gains
Solicitation
Can pay a fee to a person who solicits advisory clients only if iA is registered with SEC, and the solicitor is in good standing with law.
Compensation
Fees permitted: based on percentage of AUM, flat annual dollar amount for services agreed upon, brokerage fees made for clients, wrap fees