Chp 5 MSRB (Self) Flashcards

1
Q
The MOST important factor in determining the fair market value of a municipal security sold to a customer in a principal transaction is the:
A yield
B dealer cost basis
C bond rating
D maturity and call features
A

A.

Under Rule G-30, the MSRB states that the most important determinant of a fair price in a municipal principal transaction is the yield at which the security is priced. The yield should be comparable to securities of similar quality, maturity, coupon rate and block size available in the market at the time of the transaction. Also note that maturity, rating and call features are also items to be considered - but they are not the most important item. Dealer cost basis has no bearing on a fair price. Fair prices are based on yield (which is the same as market price) at the time of the transaction.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

When selling municipal bonds to a customer from inventory, all of the following items are relevant in determining the mark-up EXCEPT:
A dealer’s best judgment of the market value of the bonds
B the fact that the firm is entitled to a profit
C expenses associated with executing the transaction
D dealer cost basis

A

D.
Dealer cost is irrelevant when determining a fair price - the yield (market value) of comparable securities in the market is the most important factor. Also considered are:
-Best judgment of the fair market value of the securities when the trade occurs, and if applicable, the value of securities exchanged or traded in connection with the transaction;
-Expense of filling the order;
-The fact that the firm is entitled to a profit;
-Availability of the security;
-Total dollar amount of the transaction (larger transactions for institutions should have a lower mark-up or commission per bond);
-Value of services rendered in effecting the trade;
-Maturity, rating and call features;
-Nature of the dealer’s business; and
-Existence of material information about the security from industry sources.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Which of the following would be considered to be manipulative and fraudulent practices in connection with the sale of a new municipal issue?
I A syndicate member fails to disclose any financial interest it has in an offering
II The offering is represented as a firm commitment underwriting, when, in fact, it is a best efforts-all or none
III The syndicate fails to disclose the additional takedown to customers purchasing the issue
IV The syndicate fails to provide customers purchasing the issue with a copy of the Official Notice of Sale
A I only
B I and II
C III and IV
D I, II, III, IV

A

B.

Failure to disclose a syndicate member’s financial interest in an issuer being underwritten would be fraudulent (this could only occur in corporate offerings). Misrepresenting an underwriting as a “firm commitment,” when in fact it is a “best efforts - all or none” also is fraudulent. There is no requirement to disclose spread components to customers (e.g., additional takedown) in a negotiated offering. Only the gross spread must be disclosed. The Official Notice of Sale is the advertisement placed in the Daily Bond Buyer soliciting bids from underwriters for a competitively bid new bond issue. It has nothing to do with customers.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q
A quotation that must be confirmed prior to executing an order is a:
A bona-fide quote
B subject quote
C nominal quote
D representative quote
A

B.

A subject quote is one which has to be verified with the quoting dealer before an order to buy or sell at that size and/or price can be entered.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q
After the end of the underwriting period, a syndicate member must send a copy of the final Official Statement to any customer, or potential customer, who so requests, within:
A 1 business day of request
B 2 business days of request
C 3 business days of request
D 5 business days of request
A

A.

Under SEC Rule 15c2-12, a customer or potential customer requesting a copy of the Official Statement after the end of the underwriting period, must be sent a copy within 1 business day of request.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Under MSRB rules, municipal securities traders that participate in secondary market joint accounts:

A can only act as agent in the transactions and cannot carry positions overnight

B cannot disseminate quotes severally for the securities held by the account; any quote can only indicate that one market exists for the securities

C cannot place orders to buy bonds for an accumulation account sponsored by a dealer participating in the joint account

D cannot effect customer transactions and can only deal with other municipal broker-dealers

A

B.

Municipal secondary market joint accounts are formed by municipal firms to purchase or sell large blocks of bonds. Any quotes disseminated on those bonds must appear as one quote; it cannot appear that there are multiple markets for the bonds when in fact there is only one (the joint account).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q
Under MSRB Rule G-15, confirmations of which of the following transactions MUST show the yield?
I	 	Trades effected at par
II	 	Transactions in variable rate bonds
III	 	Non-callable bonds traded at a discount
IV	 	Callable bonds traded at a premium
A I and II
B III and IV
C I, II, III
D I, III, IV
A

B.

All customer confirmations must show the yield (lower of yield to maturity or yield to call) with 2 major exceptions - bonds sold at par; and variable rate bonds.

When a bond is purchased at par, the nominal (stated) yield and the yield to maturity are the same. If a bond purchased at par is called early at par, the yield remains the same; if it is called at a premium, the yield will improve above the stated rate. In essence, the stated rate of interest is the minimum that can be earned on the bond, so this is the only disclosure required. The second exception is for variable rate notes. For these securities, there is no yield disclosure because the interest rate is reset to a market rate every 6 months - it is the market that determines the yield. Unless one is a fortune teller, it is impossible to know what the future yield would be. For all other bond trades, whether non-callable or not, the yield changes as the price moves below or above par - hence the yield must be disclosed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q
A negotiated offering has a gross spread of $18 per bond, comprised of the following:
Concession:	$7.00
Additional Takedown:	$4.00
Underwriting Fee:	$3.00
Manager Fee:	$4.00

Which of the following amounts must be disclosed as underwriter compensation to customers who purchase the issue?

A $0.00
B $4.00
C $14.00
D $18.00

A

D.

There is no requirement to disclose the components of the spread to customers in a negotiated underwriting. Only the total spread amount is required to be shown, either as an aggregate amount; or on a per bond basis. In this example, the spread is broken down into 4 components; the management fee; underwriting fee; additional takedown; and concession. The 4 of these total $18.00 per bond.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

A municipal finance professional makes a $250 contribution to an issuer official in a primary election. Two months later, he makes another $250 contribution to the same issuer official in the general election. Which statement is TRUE?
A The municipal finance professional has violated Rule G-37
B The employing municipal firm has violated Rule G-37
C Both the municipal finance professional and the employing municipal firm have violated Rule G-37
D Neither the municipal finance professional nor the employing municipal firm have violated Rule G-37

A

D.

As long as a municipal finance professional is eligible to vote for an issuer official, Rule G-37 permits a “de minimis” exemption of $250 per election per official. As there are 2 elections, the total of $500 does not trigger a prohibition on municipal securities business with that issuer.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Which of the following information should be noted on an agency trade order ticket under MSRB rules?
I Date and time of receipt of the order
II Date of execution, and to the extent feasible, time of execution
III Price of execution
IV If canceled, date and terms of cancellation, and to the extent feasible, time of cancellation
A I only
B I, III, IV
C II, III, IV
D I, II, III, IV

A

D.
For agency orders, the following information is included on the order ticket:
-Terms and conditions of the order.
-Date and time of the receipt of the order.
-The price at which the trade was executed.
-The date of execution, and to the extent feasible, the time of execution.
-If the account is that of a partnership, corporation, a joint account, or an order entered pursuant to a power of attorney, the name and address (if other than the account address) of the person entering the order.
-If the order is canceled by a customer, the record must show the terms, conditions and date of cancellation, and to the extent feasible, the time of cancellation.
-If the trade is discretionary, the ticket must be designated as such.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

If a transaction in a callable municipal bond is effected on a yield basis, the dollar price is calculated to the:
A near-term in-whole call at par
B near-term in-whole premium call
C lower of price to maturity or price to call
D maturity date

A

C.

Be careful with this question. We don’t know if the bond is a discount or a premium, thus the standard rule that the bond must be priced to the lower of price to maturity or call applies.

If the question stated that this was a “premium” bond, then the answer would be Choice B. If the question stated that this was a discount bond, then the answer would be Choice D. Since the question doesn’t say, Choice C is best.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q
Under MSRB Rule G-26, the carrying party must transfer customer positions to the receiving party:
A promptly after validation
B within 1 business day of validation
C within 2 business days of validation
D within 3 business days of validation
A

D.

When a broker-dealer receives account transfer instructions, it has 1 business day to validate the positions, and another 3 business days to complete the transfer under MSRB rules.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

A municipal dealer is obligated to provide the customer with an Investor Brochure:
A at, or prior to, the opening of the account
B annually
C whenever a new issue is purchased in the account
D every 3 years

A

B.

Each municipal broker-dealer must send in writing to each customer annually:

  • a statement that it is registered with the SEC and MSRB;
  • the website address for the MSRB; and
  • a statement as to the availability of an investor brochure that describes the protections provided by MSRB rules and how to file a complaint with the appropriate SRO (which is FINRA, since the MSRB cannot enforce its own rules).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q
Every municipal securities dealer must have at least 2 registered municipal principals EXCEPT:
I	 	Bank dealers
II	 	FINRA members
III	 	Dealers with fewer than 11 associated persons
A I only
B II only
C I and III
D II and III
A

D.

As a general rule, municipal securities firms are required to have 2 municipal securities principals. However, two exceptions are provided:
-If a municipal securities dealer has fewer than 11 full time employees engaged in the municipal securities business (translated, this means full-time associated persons), it is only required to have one municipal securities principal. Please note that clerical employees are not included in the “fewer than 11” number.

-If the firm is also a FINRA member with a person licensed as a General Principal (Series 24), then only 1 Series 53 license is required.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q
The new account form for a cash account must evidence which of the following signatures?
I	 	Customer
II	 	Associated Person
III	 	Municipal Principal
A I and III
B II and III
C II only
D I, II, III
A

B.

There is no requirement that a customer’s signature be obtained to open an account (unless the account is a margin account, where a margin agreement must be signed, or a discretionary account, where the customer must sign a power of attorney).

The only signatures on the new account form that are required are those of the associated person who took the information, and the municipal principal who approves the opening of the account.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

The MSRB is empowered to do which of the following?
I Assess fines for rule violations
II Formulate rules for the municipal marketplace
III Interpret rules for the municipal marketplace
IV Suspend firms for rule violations
A I and II only
B II and III only
C III and IV only
D I, II, III, IV

A

B.

The MSRB is empowered to write rules for municipal market participants; and issues letter interpretations that “flesh-out” those rules to cover specific circumstances. However, the MSRB does not have the power to enforce its own rules - it cannot examine its registrants, nor can it impose sanctions against its registrants.

Enforcement is performed by the existing regulators - FINRA for municipal broker-dealers; and by the bank regulators (FRB; FDIC; Office of Comptroller of Currency) for bank municipal bond departments.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q
Upon customer request, a dealer in a competitive municipal syndicate must disclose the:
A spread
B order priority provisions
C names of the syndicate members
D manager's fee
A

B.

Under Rule G-11, syndicate members are required to promptly furnish the information provided by the manager on order priority provisions to anyone who requests it in writing. This makes sense, because anyone who wishes to place an order for a new issue should be aware of how the orders will be ranked and filled. To assure a fill, that person would place a high priority order.

There is no spread disclosure required for competitive bid offerings; this is only required for negotiated offerings.

In negotiated offerings, the components of the spread (e.g., management fee) are not disclosed. Only the total spread is disclosed. The names of the syndicate members are also not required to be disclosed (this is a favorite wrong answer!).

18
Q
A nominal quotation is:
A prohibited under Rule G-13
B permitted with the permission of the MSRB
C used for informational purposes only
D a bona-fide quote
A

C.

Nominal quotes are given for informational purposes only, and must be identified as such when given.

For example, a municipal “workable” is a type of nominal quote. Assume that a firm wants to sell some bonds, and starts “shopping the market.” The first dealer called says “I think I might buy them at about a 5.00 basis.” This is known as a “workable” - the dealer called is given a likely price at which he might buy the bonds - but this is not firm. It is solely informational. The selling firm will continue to “shop” until it finds the best “workable.” Then it will go back to that dealer to nail down a firm bid for the bonds.

19
Q
Which of the following MUST be disclosed to customers in negotiated municipal offerings?
I	 	Spread
II	 	Initial offering price
III	 	Participation amounts of each syndicate member
IV	 	Names of syndicate members
A I and II only
B III and IV only
C I, III, IV
D I, II, III, IV
A

A.

Under Rule G-32, for negotiated offerings, the underwriting spread, the amount of any fees received in connection with the underwriting, and the initial offering price of each maturity must be disclosed.

There is no requirement to disclose the participation percentage of each syndicate member, nor the names of the syndicate members (remember, this is favorite wrong answer!).

20
Q

When selling municipal bonds to a customer on an agency basis, all of the following items are relevant in determining the commission EXCEPT:
A value of services rendered by the firm
B the nature of the dealer’s business
C expenses associated with executing the transaction
D availability of the security

A

B.
To determine a fair price for both principal and agency transactions, the MSRB requires that the firm consider:
-Best judgment of the fair market value of the securities when the trade occurs, and if applicable, the value of securities exchanged or traded in connection with the transaction;
-Expense of filling the order;
-The fact that the firm is entitled to a profit;
-Availability of the security;
-Total dollar amount of the transaction (larger transactions for institutions should have a lower mark-up or commission per bond); and
-Value of services rendered in effecting the trade.

The “nature of a dealer’s business” is a consideration only for principal transactions because a dealer is a principal - not an agent.

21
Q
Signed transfer instructions on Form G-26 MUST be validated by the receiving party within:
A 1 business day of receipt
B 2 business days of receipt
C 3 business days of receipt
D 4 business days of receipt
A

A.

When a broker-dealer receives account transfer instructions, it has 1 business day to validate the positions, and another 3 business days to complete the transfer under MSRB rules.

22
Q

Which is NOT a good delivery for a $10,000 bearer bond trade?
A One $10,000 certificate
B Two $5,000 certificates
C Ten $1,000 certificates
D Five $1,000 certificates and One $5,000 certificates

A

A.

Bearer bond deliveries are “good” only if denominations of $1,000 or $5,000 are delivered. There is no such thing as a $10,000 bearer bond.

23
Q

In determining the suitability of a particular municipal recommendation to a customer, a dealer should consider all of the following EXCEPT:
A tax status
B amount of premium or discount on the recommended bond
C financial background
D investment objective

A
B. 
In determining suitability, under Rule G-19, inquiry should be made as to: 
-tax status
-financial background
-investment objective
-similar information. 

The amount of any bond premium or discount is irrelevant.

24
Q

Under MSRB rules, an associated person is prohibited from sharing in the gain and loss of a customer account:
A without exception
B unless the customer agrees to the arrangement in writing
C unless the associated person contributes capital proportionate to his sharing percentage and the principal approves in writing
D unless the MSRB issues a no- action letter covering the arrangement

A

C.

Sharing in a customer account is prohibited unless:

  • the registered representative opens a joint account with the customer
  • shares in gain and loss in proportion to the capital contributed
  • gets written approval for the account from the principal.
25
Q
A municipal securities dealer has seven registered representatives and five clerical employees. Under MSRB rules, the dealer must have at least:
A 1 Municipal Principal
B 2 Municipal Principals
C 3 Municipal Principals
D 4 Municipal Principals
A

A.
As a general rule, municipal securities firms are required to have 2 municipal securities principals. However, two exceptions are provided:
1. If a municipal securities dealer has fewer than 11 full time employees engaged in the municipal securities business (translated, this means full-time associated persons), it is only required to have one municipal securities principal. Please note that clerical employees are not included in the “fewer than 11” number.

  1. If the firm is also a FINRA member with a person licensed as a General Principal (Series 24), then only 1 Series 53 license is required.
26
Q
A municipal principal, in verifying the prior employment of an associated person, requests information from another dealer. Under MSRB rules, the other dealer must make the information available within:
A 3 business days
B 5 business days
C 7 business days
D 10 business days
A

D.

MSRB Rule G-7 requires that a municipal dealer receiving a request to verify the employment record and reputation of an ex-employee (as required on the U4 Form if this person associates with a new firm), must respond no later than 10 business days following receipt of the request.

The new employer is obligated to confirm the immediately preceding 3 years’ employment.

27
Q

All of the following items would be relevant in determining a fair price in a municipal principal transaction EXCEPT:
A total dollar amount
B bond maturity
C amount of recent market appreciation or depreciation of the bond’s price
D expenses incurred in effecting the transaction

A

C.

The amount of recent price depreciation or appreciation has no bearing on the price to be charged to customers in a principal transaction.

The dealer must use his best judgment to determine the current market value (the relevant factor) when determining the price. In addition, the dealer may consider the fact that the firm is entitled to a profit; the expenses associated with handling the transaction; and the total dollar amount of the transaction.

28
Q

Under MSRB rules, which of the following are considered to be “customers” of a municipal dealer?
I Account maintained by an institution
II Account maintained by an individual
III Account maintained by an officer of the municipal dealer
IV Account maintained by another dealer

A I and II only
B II only
C III and IV only
D I, II, III, IV

A

A.

The MSRB defines a “customer” as any person other than a municipal securities broker-dealer acting in its capacity as such; or an issuer in transactions involving the sale of a new issue of its securities. In essence, a customer is someone who is not a professional investor - someone who needs protection.

Excluded from the definition of a “customer” under MSRB interpretations are:

  • Accounts of officers and partners of municipal securities brokers and dealers;
  • Any transaction (a trade) given to your firm by another dealer, whether acting for itself, or as agent for its customer;
  • Any account with securities positions (as opposed to a trade) maintained by your firm, and those of other securities dealers’ maintained at your firm.
29
Q
Under MSRB rules, all of the following information about a customer is required to be written on a new account form prior to opening an account EXCEPT:
A residence address
B employer name
C occupation
D social security number
A

D.

The MSRB has issued an interpretation that a customer’s social security number, if not available at the time that the account is opened, does not have to be on the form at that time - as long as the customer is making application for the number.

Residence address (needed to send the customer trade confirmations and account statements), and employer name and occupation (needed to determine if the customer works for another municipal securities firm) must both be obtained prior to opening the account (Also please note that the MSRB has never amended its rules for the recent federal requirement that the customer’s date of birth and social security number be obtained prior to account opening and that this information be used to independently verify the customer’s identity).

30
Q

An associated person with a municipal securities firm wishes to buy a bond for a discretionary account where a control relationship exists between the firm and the issuer. Which statement is TRUE?
A The bonds cannot be purchased for the account
B The bonds may only be purchased if the customer has previously bought bonds of the same issuer in the account
C The bonds may be purchased only with the approval of the municipal principal
D The bonds may be purchased only with the specific authorization of the customer

A

D.

If a control relationship exists, the MSRB prohibits municipal dealers from purchasing those securities into discretionary accounts.

However, if the customer specifically authorizes the transaction, the trade is no longer discretionary, and is permitted. The existence of the relationship must be disclosed verbally at the time that the security is recommended; and in writing on the trade confirmation.

31
Q
Under Rule G-37, the term "municipal securities business" refers to which of the following?
I	 	Competitive offerings
II	 	Negotiated offerings
III	 	Financial advisory relationships
A I and II
B II and III
C I and III
D I, II, III
A

B.

Rule G-37 prohibits underwriters from attempting to influence elected officials in their selection of underwriters and financial advisors for the municipality by making contributions to their political campaigns.

It only applies to negotiated underwritings and financial advisory relationships, where the “right” amount of donations by a municipal dealer could result in the selection of that dealer by the elected official.

In competitive bid underwritings, this type of “payoff” cannot occur, since the bid is awarded objectively based on lowest interest cost to the issuer.

32
Q
Under MSRB rules, all of the following information must be included in a customer confirmation EXCEPT:
A rating
B capacity in which firm acted
C dollar price
D trade date
A

A.

There is no bond rating disclosure required on a trade confirmation.

Dollar price, trade date and capacity in which the firm acted (agency or principal) are all disclosed.

33
Q
The MSRB regulates which of the following?
I	 	Municipal issuers
II	 	Municipal underwriters
III	 	Bank Municipal dealers
IV	 	Non-Bank Municipal dealers
A I and II only
B III and IV only
C II, III, IV
D I, II, III, IV
A

C.

The MSRB has no regulatory authority over municipal issuers.

It only writes rules for municipal market participants. These include municipal underwriters, bank municipal dealers and non-bank municipal dealers (i.e., regular broker-dealers trading municipal bonds).

34
Q
MSRB Rule G-19 requires that a suitability determination for a client be completed in what sequence?
I	 	Customer specific
II	 	Reasonable basis
III	 	Quantitative
A I, II, III
B III, II, I
C II, I, III
D II, III, I
A

C.
Rule G-19 applies a “3 Level” requirement to suitability determinations. The investment or strategy must clear all 3 levels in order to be recommended to a client.

The 3 Levels, in order, are:

  1. Reasonable Basis Suitability (aka Product Level Suitability);
  2. Customer-Specific Suitability;
  3. Quantitative Suitability.

Level 1 - Reasonable Basis Suitability: The broker-dealer has the obligation to perform reasonable due diligence on the features and risks of any recommended security or strategy and can only recommend the security or strategy that has the best risk/return characteristics when compared to other similar investments. What constitutes reasonable diligence depends on the complexity and risks of the municipal security or investment strategy.

Level 2 - Customer-Specific Suitability: Just because a security or strategy has cleared the “reasonable basis suitability” level does not mean that it can be recommended to all customers. It can only be recommended to those customers for which it is suitable based on that customer’s investment profile.

Level 3 - Quantitative Suitability: Just because a recommendation has cleared “customer-specific suitability” does not mean that it can be recommended to that customer unless it is determined that the customer can afford it, and that the recommendations, when viewed together, do not create excessive activity in the customer’s account.

35
Q

Under MSRB Rule G-15, which of the following information MUST be disclosed on the confirmation?
I Whether the issue is subject to Federal income tax
II Whether the issue is subject to state income tax
III The primary revenue source for revenue bonds
IV Taxable equivalent yield
A I and II only
B III and IV only
C I and III only
D I, II, III, IV

A

C.

MSRB Rule G-15 basically requires that, in addition to the standard confirmation information, anything that is unusual must also be disclosed on the confirmation.

Since the interest earned on most municipal obligations is free from Federal tax, it is unusual to have an issue that is subject to Federal tax - hence this must be disclosed.

All municipal issues are subject to state income tax - unless the purchaser is a resident of that state. This is the usual situation, so no disclosure is required.

For revenue bonds, the project name that is the primary revenue source backing the issue, must be disclosed.

Finally, it is impossible to compute taxable equivalent yield for a customer since this is dependent on his or her tax bracket - hence, there is no disclosure of this item.

36
Q

Under MSRB rules, a final Official Statement does NOT have to be sent to customers if:
I one has not been prepared by, or on behalf of, the issuer
II a notice is given to customers that one is not being prepared
III a preliminary Official Statement, if available, is sent to customers with a notice that a final Official Statement is not being prepared
A I only
B II only
C I and II
D I, II, III

A

D.

All of the statements are true.

The MSRB, under Rule G-32 requires the syndicate to deliver a final Official Statement, if available, to customers no later than settlement.

However, the rule does not apply if:

  • One has not been prepared by the issuer, and notice of such is given to customers; or
  • A preliminary Official Statement, if available, is sent to customers with a notice that a final Official Statement is not being prepared.
37
Q
Under MSRB Rule G-7, a principal must verify an associated person's prior employment history for the most recent:
A 2 years
B 3 years
C 5 years
D 10 years
A

B.

MSRB Rule G-7 details the information that must be obtained from associated persons when they are hired. Essentially, this rule’s provisions are satisfied by completing a U4 Form.

On the U4, the following “time related” information is required:

  • 10 years’ consecutive employment history;
  • 5 years’ consecutive residence history

The principal is required to personally verify the immediately preceding 3 years’ employment history. The U4 Form provides a space where the principal lists the person(s) contacted at each prior employer; and the principal signs that this was done.

38
Q

Under MSRB Rule G-13, a dealer, in judging the fair market value of a security for quotation purposes, may consider which of the following?
I The dealer’s overall inventory position
II The dealer’s inventory position in the security quoted
III The dealer’s anticipation of market direction
A II only
B I and II
C II and III
D I, II, III

A

D.

Under Rule G-13, quotes given by municipal dealers must have a “reasonable relationship” to the fair market value, taking into account all relevant factors, including the firm’s:

  • overall inventory position;
  • inventory position in that security;
  • anticipation of the direction of the movement of the market for the securities;
  • knowledge of facts about the issuer (such as the fact that the security has been called or that the issuer has announced a default).

The rule prohibits the pulling of quotes “out of thin air.” There must be a “reasonable basis” for determining the fair market value quoted.

39
Q

Which of the following information MUST be obtained from a prospective associated person?
I Record of all employment for the past 5 years
II Record of all residences for the past 5 years
III Record of all employment for the past 10 years
IV Record of all residences for the past 10 years
A I and II
B III and IV
C I and IV
D II and III

A

D.

On the Uniform Securities Application (U4 Form), the applicant must disclose:

  • all employment for the preceding 10 years;
  • all residences for the preceding 5 years.

The new employer is obligated to confirm the immediately preceding 3 years’ employment.

40
Q

Which of the following individuals are Municipal Finance Professionals?
I An associated person who handles the accounts of individual customers
II An associated person who handles the accounts of municipal issuers
III A municipal principal that supervises municipal underwritings
IV A municipal principal that is the executive officer of the municipal firm
A I and II only
B III and IV only
C II and III only
D I, II, III, IV

A

C.

Under Rule G-37 covering political contributions, a Municipal Finance Professional is defined as an associated person (not a clerical employee) that solicits business from issuers or that performs advisory work or research for issuers. Any municipal principal that supervises these functions is also an MFP.

An associated person that deals with individual customers is excluded from the definition, as are the executive officers of the dealer.

41
Q

Which of the following would be violations of MSRB rules?
I A bank dealer sells bonds of an issuer to whom the dealer has provided a letter of credit securing interest and principal payments
II A bank dealer sells puttable bonds of an issuer to whom the bank dealer has provided a letter of credit securing the put option
III A bank dealer sells insured bonds and has provided a letter of credit to the issuer indemnifying the insurance company against loss in event of default

A I and II
B II and III
C I, II, III
D None of the above

A

D.

Choice I is not a violation of the MSRB prohibition on guaranteeing customer accounts against loss as long as the bank dealer selling the bonds makes the appropriate disclosure on the customer confirmation. In this case, the bank dealer must disclose that it is an obligor with respect to debt service on the issue.

Choices II and III also are not violations as long as the appropriate disclosures are made. As long as these bank letters of credit are disclosed on the confirmation (by showing the bank as an obligor); and the letter covers all bondholders (not just bank customers); then they are not considered to be a prohibited “guarantee” against loss.

42
Q

Which of the following are permitted to levy fines and impose other sanctions on municipal securities dealers?
I Municipal Securities Rulemaking Board
II Securities and Exchange Commission
III Financial Industry Regulatory Authority
IV Board of Governors of the Federal Reserve

A I only
B II and III only
C II, III, IV
D I, II, III, IV

A

C.

The MSRB is empowered to write rules for municipal market participants; and issues letter interpretations that “flesh-out” those rules to cover specific circumstances. However, the MSRB does not have the power to enforce its own rules - it cannot examine its registrants, nor can it impose sanctions against its registrants.

Enforcement is performed by the existing regulators - FINRA for municipal broker-dealers; and by the bank regulators (FRB; FDIC; Office of Comptroller of Currency) for bank municipal bond departments. For anyone else, enforcement would be carried out by the Securities and Exchange Commission (in reality, there isn’t anyone else!).