Chapters 5/6 Flashcards
Fiduciary
A person who acts on behalf or for somebody else. Any conflicts of interests of a fiduciary must be dislosed fully to clients at or prior to the time the transaction occurs. IAs and IARs have a fiduciary responsibility. IAs and IARs are responsible for what is said- not what isn’t said. BDs DO NOT HAVE A FIDUCIARY RESPONSIBILITY.
- IAs and IARs are considered fiduciaries
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Prudent Man Rule
A decision from a court case in the 19th century that provided a basis for a fiduciary’s responsibility that states that fiduciaries are obligated to do what’s best for their clients objectives.
Uniform Prudent Investor Act (UPIA)
UPIA states:
-The standard of prudence applies to the entire portfolio, not just individual investments.
- A central consideration for a fiduciary is risk vs reward
- Any type of investment may be appropriate as part of a portfolio designed to achieve specific goals.
- Diversification is necessary
The UPIA allows fiduciaries to delegate investment responsibilities to competent 3rd parties.
- This law was created in the latter half of the 20th century.
- A majority of states have since adopted this model law.
True or false: According to the UPIA, for some portfolios, only attempting to achieve the Rf is inappropriate?
True
UPIA’s rules for fiduciaries
- Understand client’s goals
- Determine client’s risk tolerance
- Develop any appropriate strategy based on #1 and #2
- Docus on the mgmt of risk
- Diversify appropriately
True or false: If an IA invests part of a pension fund in hedge funds, this is overly risky?
False, not necessarily. Pension funds have long time horizons and therefore can afford some risk. However, investing all of the pension fund’s assets in hedge funds is too risky.
SEC’s rules for fiduciairies
- Being loyal to clients
- Having a reasonable and objective basis for the investment advice
- Ensuring the investment advice is suitable based on client’s goals
- If a broker, they must obtain the best execution for their clients. (best execution does not necessarily mean lowest price)
Soft dollars
Comission rebates that IAs receive for channeling some or all of their trades through a specifc brokerage. IAs must disclose soft dollar arrangements to clients AND IAs must ensure the benefits of these arrangements justify the larger commissions paid by their clients.
3 conditions that must be satisfied for soft-dollar arrangements to be acceptable:
- The IA must be exercising investment discretion of the accounts of others (not themselves)
- The BD must provide the IA w/ services that assist the adviser in making investment decisions for the client
- The IA must determine that the value of these services is reasonable in relation to the commissions being charged. #3 is most important
Acceptable ways an IA can use the soft dollar rebates
- Research reports
- Consultations w/ research analysts
- Software for analyzing portfolios or trading
- Market and economic data
- Fees for seminars
True or false: An IA can use soft dollar rebates to purchase a computer and also purchase software on that computer?
False, only the software
What are the 2 suitability obligations for an IA
- KYC
- Know Your Product (KYP)
2 components of KYC
- Make a reasonable inquiry into customer’s background
- Provide suitability recommendations
Minimum inquiry IARs should make meeting a client
At a minimum, IARs must obtain a customer’s income, net worth, investment goals, and time horizon. If there is no info available, IARs must treat the client as if they have no income.
True or false: If an agent of a BD lacks info about a customer, they could still be able to execute unsolicited orders?
True
What are the 2 things that the % of basic asset classes (stocks, bonds, and money-market instruments) in a portfolio should depend on?
Investor’s time horizon and risk tolerance
True or false: Variable annuities are good short-term investments?
False, they’re long-term investments (typically for retirement).
Fundamental benefit of munis
interest income that is tax-exempt
True or false: IAs can use soft dollar rebates to pay for trips to seminars?
False, only the attendance fee can be covered. Travel fees ARE NOT covered.
True or false: Soft dollar arrangements must be disclosed in an IA’s Form ADV Part 2 OR Brochure?
True
USA Statements About Fraud
It’s unlawful for any person to directly or indirectly:
1. Employ and device, scheme, or artifice to defraud
2. Make an untrue statement about a material fact or omit a material fact
3. Engage in any act of fraud/deceit
USA prohibitions
- Telling clients that registrations of BDs or agents implies that their business practices are certified/approved by SEC, Adminstrator, or FINRA: promising that a security is safe because it’s registered is false
- Promise to perform certian services and not following through
- Promise fee services and then charge hidden fees
- Falsely state anticipated or current earnings
- Falsely state the amt of a commission or markup
- Overstate or misrepresent the status of a client’s account
True or false: Using inflated lanuage, such as: always, never, definitely, guarentee may be problematic when making investment recommendations?
True
True or false: A fund w/ a deferred sales charge may be described a noload fund?
False, only funds w/ no front-end sales charges, back-end (deferred) sales cahrges, and no 12b-1 fees that exceed 0.25% of the fund’s avg net assets each year may be described as no-load.
Agents and IAs may create rumors to affect the price of a stock?
False
Insider info
Any material info that has not yet been disseminated to the public. An agent who has access to material nonpublic info may not make recommendations and may not discuss it w/ anyone (except for a supervisor).
True or false: Since key officers within a firm have material nonpublic info as well as large amounts of the corporation’s securities, they must be careful when they buy or sell their companies’ securities?
True
Penalties for insider trading
The SEC may impose penalties of up to 3X the profits earned or losses avoided. The violators will obviously be required to forfeit their profits. Investors who believe they were harmed may sue.
The government may prosecute offenders criminally w/ fines of up to $5MM and jail sentences up to 20 years. Corporations may face criminal penalities up to $25MM.
Commingling
The practice of intermixing securities belonging to customers w/ those belonging to the BD. Client securities held by the BD must be separated from securities owned by the BD. This is done to prevent the misuse of customer securities and to eliminate the risk of commingling.
- Commingling is usually mitigated by securities being registreed in a client’s name and sent directly to the client. OR, securities may be held in safekeeping by the BD w/ the firm charging the client a reasonable fee for the service.
True or false: Customer securities and BD securities may be kept in the same vault?
True, they may be kept in the same vault as long as it’s clear which certificates belong to the BD and which certificates belong to customers.
Conversion
When an agent illegally takes possession of a client’s assets for their own personal use. An agent MAY NOT deposit cash or securities that belong to a customer into their personal or business account under any circumstances.
True or false: Agents who inadvertently hold funds or securities belonging to clients for longer than 3 business days are considered to have custody of clients’ assets.
True
When is it acceptable for an agent to borrow or lend money from/to a client?
- The customer is a member of the agent’s immediate family
- The customer is a financial institution that’s regularly engaged w/ extending credit
- The customer and the agent are both registered persons of the same BD
- The customer and the agenet have either a personal or business relationship that exists outside of the brokereage relationship
- A BD MUST have written procedures for borrowing/lending money to/from a client.
- Unless the situation is #1 or #2, agents must provide notification to their member firms and obtain written approval prior to entering into the arrangements.
When is it acceptable for an IA to borrow or lend money from/to a client?
- The client is a BD
- The client is an affiliate of the IA
- The client is a financial institution
When is it acceptable for an agent to share in the profits and losses in a client’s account?
- The sharing arrangement is approved in writing by the customer and the agent’s BD
- The sharing is proportionate based on the amount invested by each party
True or false: Agents are prohibited from guaranteeing their clients a minimum rate of return or a specific profit on an investment. Also, if clients lose money on their investments, agents are prohibited from reimbursing them for any portion of those losses?
True
True or false: Employees who want to open accounts outside of the firm they work at in which securities transactions can be executed do not need written consent from their employer?
False, they MUST get prior written approval from their employer. Additionally, the employee MUST notify the outside firm that they work for a different firm. This rule also applies to any account that the employee has beneficial interest:
- the employee’s spouse
- The employee’s children
- Any related person
- Any other individual that the employee has control
- If the employee already had the account before starting with the firm, they have 30 days within starting the job to notify their employer and the executing firm.
- Once an account has been opened for a member firm employee, the executing firm is not required to obtain the employing firm’s approval prior to the entry of each order.
True or false: Upon written request, the executing firm is required to
send duplicate copies of confirmations, statements, or any other transactional information to the employee’s broker-dealer?
True
True or false: The requirements of this rule apply to accounts that are limited to transactions involving redeemable investment company securities (mutual fund shares), unit investment trusts, variable contracts, or 529 plans?
False, they DO NOT
Hows must BDs handle complaints
BDs must respond to ALL customer complaints whether the complaints is electronic or in writing. If an agent receives a complaint, they must forward it to their immediate supervisor. IGNORING OR FAILING TO RESPOND TO A COMPLAINT IS A VIOLATION OF USA.
True or false: BDs must notify the Administrator of complaints?
False