FC Chapter 13 PART2 Flashcards

1
Q

Both the ____________ and the ____________ are required for a corporation to open an options or margin account.

A

Both the Corporate Resolution and Corporate Charter are required for a corporation to open an options or margin account.

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2
Q

Under the Customer Identification Program, may accounts be opened for clients refusing to provide required information?

A

No

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3
Q

When is confirmation of a transaction sent to a client?

A

No later than completion of the transaction

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4
Q

True or False: Although 457 plans are considered nonqualified, contributions and growth are tax-deferred.

A

True

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5
Q

What is SIPC?

A

Securities Investor Protection Corporation. SIPC protects separate customers in the event of BD bankruptcy.

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6
Q

When are firms required to provide a non-customer (consumer) with a copy of their privacy notice?

A

Prior to the sharing of non-public personal information

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7
Q

True or False: Clients need not sign the account form for a cash account.

A

True, but signature would be required for an option or a margin account.

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8
Q

A child with a UGMA account dies at age 11 without a will. To whom do the assets revert?

A

To whomever state law dictates

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9
Q

What are some of the acceptable reasons that a custodian may liquidate positions in a custodial account?

A

To support or provide school funds for the child, or for reimbursement of expenses associated with being a custodian

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10
Q

True or False: Firms may use the official SIPC logo or create their own.

A

False. Only the official SIPC logo may be used.

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11
Q

What is needed to exercise discretion over a client’s account?

A

Written power of attorney

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12
Q

For Sue and her nonworking spouse to make the maximum contribution to their IRAs, the money must be invested ________.

A

For Sue and her nonworking spouse to make the maximum contribution to their IRAs, the money must be invested equally.

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13
Q

Since the _______ is responsible for any tax liability, custodial accounts use the tax ID of the _______.

A

Since the minor is responsible for any tax liability, custodial accounts use the tax ID of the minor.

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14
Q

A self-employed individual with income of $120,000 would like to open a Keogh plan. How much may be contributed?

A

The lesser of 25% of self-employment income or $56,000. In this example, $30,000 may be contributed ($120,000 x 25%).

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15
Q

An established customer is one that has traded with a firm for more than ____ year.

A

An established customer is one that has traded with a firm for more than one year.

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16
Q

Where would a firm disclose that it is not a member of SIPC?

A

On the customer confirmation

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17
Q

Which of the following accounts requires no supplemental documentation–guardian, partnership, UTMA, or estate account?

A

A UTMA (or UGMA), since account forms offer these accounts as a standard ownership choice

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18
Q

Under the Customer Identification Program of the USA PATRIOT Act, what information MUST be obtained about a client?

A

Date of birth, name, address, and an ID number

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19
Q

To participate in a tender offer, an investor must be long ___________ or its ____________.

A

To participate in a tender offer, an investor must be long the stock or its equivalent.

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20
Q

True or False: Principals must approve discretionary orders prior to entry.

A

False. The orders must be approved promptly afterward.

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21
Q

Under the TCPA, how is an established customer defined?

A

One that has made an unsolicited inquiry or effected a transaction with the firm

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22
Q

True or False: Required minimum distributions apply to Roth IRA accounts.

A

False. Required minimum distributions apply to traditional IRA accounts, not Roth IRAs.

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23
Q

SIPC provides coverage of $_________ of which no more than $_________ can be cash.

A

SIPC provides coverage of $500,000 of which no more than $250,000 can be cash.

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24
Q

Where would Do Not Reduce (DNR) instructions appear?

A

On the order ticket

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25
Q

List the proper naming sequence for registering a custodial account.

A

Custodian’s name, then the minor’s name, followed by the appropriate state

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26
Q

True or False: 529 plans allow for a five-year front-end contribution of $70,000, which avoids gift tax.

A

True ($14,000 x 5 years)

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27
Q

______ power of attorney allows a person to buy or sell securities, transfer assets, or have check writing privileges.

A

Full power of attorney allows a person to buy or sell securities, transfer assets, or have check writing privileges.

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28
Q

Define the term structuring as it relates to money laundering.

A

Breaking up large transactions into smaller amounts in an attempt to evade AML reporting requirements

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29
Q

What are some of the investments that are not suitable for IRA contributions?

A

Collectibles, insurance, and metals (except U.S. gold and silver coins)

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30
Q

Ted’s dad has been declared incompetent. A court names Ted to oversee his dad’s brokerage account. What does Ted need?

A

Evidence of appointment of incumbency

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31
Q

For an hourly employee, working _____ hours per year is considered full-time employment.

A

For an hourly employee, working 1,000 hours per year is considered full-time employment.

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32
Q

For SIPC purposes, what happens to securities that are able to be specifically identified as belonging to a client?

A

They are distributed to the client without regard to the dollar amount limit.

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33
Q

Under Regulation SP, a _________ is someone who gives nonpublic, personal information to a BD that may result in trades.

A

Under Regulation SP, a consumer is someone who gives nonpublic, personal information to a BD that may result in trades.

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34
Q

True or False: At death, assets in an account with a Transfer on Death designation are subject to estate taxes.

A

True

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35
Q

When does a firm file a Suspicious Activity Report (SAR)?

A

When it knows or believes the client’s funds derived from illegal activities, or the trades have no legitimate purpose

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36
Q

According to penny stock disclosure rules, what must BDs disclose for each penny stock trade?

A

The current quote of the security and the compensation to be received by both the BD and RR

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37
Q

When are covered option positions and penny stock transactions permitted in a custodial account?

A

When they do not comprise a significant portion of the account assets

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38
Q

After what age may traditional IRA plan contributions no longer be made?

A

After age 70 1/2

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39
Q

Beyond a death certificate, what other documents may be required at the time of a client’s death?

A

Inheritance tax waiver, affidavit of domicile, and letters testamentary

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40
Q

Ben’s margin account has a market value of $800,000 and a debit balance of $350,000. How much SIPC coverage is provided?

A

In a margin account, SIPC covers the net equity (market value minus debit). In this example, $450,000.

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41
Q

May a wife enter trades in a husband’s account?

A

Yes, with written third-party authorization.

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42
Q

A BD client of six months has purchased penny stocks on five occasions. What is the client considered?

A

An established customer

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43
Q

Under Regulation SP, a _________ is someone who has an ongoing relationship with a firm.

A

Under Regulation SP, a customer is someone who has an ongoing relationship with a firm.

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44
Q

True or False: Prior to recommending stock to a client, the member must review the issuer’s current financial condition.

A

True

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45
Q

In a one-year period, how many times may a qualified plan be transferred via a trustee transfer?

A

There is no limit to the number of trustee transfers.

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46
Q

What is a security quoted on the OTCBB at 4.85 - 5.03 considered?

A

A penny stock

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47
Q

What is the maximum amount of securities that a BD may rehypothecate to a bank?

A

140% of the debit balance

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48
Q

This year, Jim contributes $7,000 to his IRA with $3,000 to his nonworking spouse’s IRA. Is this acceptable?

A

No. While equal amounts are not required, neither account may have more than the $6,000 maximum.

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49
Q

What must be included in the monthly statement sent to clients with penny stocks in their accounts?

A

Each penny stock owned, the number of shares, and the stock’s estimated market value

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50
Q

When rolling over a distribution from a qualified plan, when must the participant complete the transfer?

A

Within 60 days from the receipt of the funds from the old plan

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51
Q

How often must an updated copy of the privacy notice be provided to customers?

A

At least once during each 12-month cycle

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52
Q

True or False: The recommendation to a new client of a $4.00 stock on the OTCBB is subject to penny stock rules.

A

True

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53
Q

True or False: Under Regulation SP, requiring a client to write a letter to opt-out of information sharing is allowed.

A

False

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54
Q

Shares were mistakenly bought in a client’s account. Who is authorized to place the shares in the firm’s error account?

A

The firm’s principal

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55
Q

If a quantity error occurs when filing a trade, the client is obligated to accept the _________ quantity.

A

If an quantity error occurs when filing a trade, the client is only obligated to accept the desired quantity.

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56
Q

In a 529 Plan, what happens if the funds are withdrawn, but not used for qualified education expenses?

A

The earnings would be subject to ordinary income tax plus a 10% penalty.

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57
Q

If a client serves in the military and does not have a residential or business street address, what may be used instead?

A

Military personnel may use an Army Post Office Box (APO) or Fleet Post Office Box (FPO)

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58
Q

Once placed, a tender offer must remain open for at least ____ business days from the announcement.

A

Once placed, a tender offer must remain open for at least 20 business days from the announcement.

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59
Q

What must be checked before a BD makes telephone solicitations?

A

The firm’s Do Not Call List

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60
Q

What is the purpose of ERISA?

A

To establish guidelines for private sector retirement plans and protect employees from improper investments by employers

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61
Q

Tom has an individual account and a joint account with the same BD. How much SIPC coverage is provided?

A

Tom will have $1 million of coverage, since each account is covered separately.

62
Q

A contribution of $_______ can be made to a Spousal IRA for a non-working spouse.

A

A contribution of $6,000 can be made to a Spousal IRA for a non-working spouse.

63
Q

Bill’s market order to buy is effected at 21.21. However, it is reported to Bill at 21.12. What price is binding?

A

Bill must accept the execution price of 21.21.

64
Q

Two clients who are married want to invest for retirement and receive a current tax deduction. What should be suggested?

A

Both Traditional and Roth IRAs provide retirement benefits, but only Traditional IRAs offer potential tax deductions.

65
Q

What is required if the evidence of appointment of incumbency is dated more than 60 days prior to presentation?

A

It must be recertified.

66
Q

True or False: All corporate officers may effect transactions for the corporation.

A

False, only those named in the Corporate Resolution

67
Q

As it relates to retirement plans, define party-in-interest.

A

An officer, director, or greater than 10% shareholder who may not engage in direct business transactions with the plan

68
Q

Explain short tendering.

A

The prohibited practice of tendering shares that are not owned

69
Q

True or False: The owner of an account with a Transfer on Death (TOD) designation may change her named beneficiary.

A

True

70
Q

True or False: Regardless of income level, a contribution is always permitted in any type of IRA.

A

False. High income individuals may lose the ability to contribute to Roth IRAs, but may contribute to Traditional IRAs.

71
Q

What is required for an RR to execute trades and have check-writing privileges in a client’s account?

A

Written authorization from client, written acceptance by a principal, and full power of attorney

72
Q

A ___________________ is required to open an account for a partnership.

A

A Partnership Agreement is required to open an account for a partnership.

73
Q

In a Roth IRA, when must withdrawals begin in order to avoid a late withdrawal penalty?

A

There is no withdrawal requirement for Roth IRAs.

74
Q

Why may covered option positions and penny stock transactions be permitted in a custodial account?

A

Because the Prudent Investor Act examines the composition of the entire portfolio, rather than individual investments.

75
Q

How many business days prior to presentation must evidence of incumbency be dated?

A

No more than 60 days

76
Q

May a custodian make speculative investments in a minor’s account?

A

Yes, provided they are suitable based on the objectives.

77
Q

True or False: When a client signs a power of attorney, it is immediately effective.

A

False. A power of attorney is not effective until approved by a principal of the firm.

78
Q

True or False: Long or short futures positions are permitted in a custodial account.

A

False

79
Q

Does the anti-money laundering program of a BD require it to file reports with a designated examining authority (DEA)?

A

No

80
Q

What is an odd-lot differential and where is it disclosed?

A

An extra commission or fee that a BD may assess for executing an odd-lot order which is disclosed on a confirmation

81
Q

Does SIPC protect separate customers or separate accounts?

A

Separate customers. A customer with both a cash and margin account with a BD would be covered once.

82
Q

What is the use of a Transfer on Death (TOD) designation?

A

It allows the owner to name one or more beneficiaries for his account in the event of his death.

83
Q

True or False: A customer confirmation is only required to disclose whether the firm was acting in an agency capacity.

A

False. Confirmations must disclose whether a firm acts in an agency or principal capacity.

84
Q

The __________________________________________ is the SRO for the OTC market.

A

The Financial Industry Regulatory Authority (FINRA) is the SRO for the OTC market.

85
Q

What are the requirements of a FINRA member firm’s anti-money laundering program?

A

To designate a compliance officer, provide ongoing training of personnel, and implement an independent audit function

86
Q

Whose approval is required before changing or updating customer account information?

A

A supervisory principal

87
Q

Describe the employees who must be eligible to contribute to an ERISA qualified plan.

A

Employees who are 21 years or older with one year of full-time service

88
Q

When a clearing firm receives a complaint from an introducing firm’s client, to whom must it be forwarded?

A

To the introducing firm and the introducing firm’s Designated Examining Authority (DEA)

89
Q

True or False: When opening a customer account, a P.O. Box may be used.

A

False. However, if the client is in the military, he may use an APO (Army) or FPO (Fleet) as an address.

90
Q

True or False: If not older than 70 1/2, an individual with earned income may always contribute to a Traditional IRA.

A

True. While it may not always be deductible, a contribution may be made.

91
Q

Prior to a client’s initial penny stock trade, what must the client receive?

A

A risk disclosure document

92
Q

ERISA gave the U.S. Government jurisdiction over ___________________ plans.

A

ERISA gave the U.S. Government jurisdiction over private pension plans.

93
Q

To what trades do penny stock rules apply?

A

Recommended or solicited trades of penny stocks

94
Q

True or False: A clearing BD resolves a complaint received from a client of an introducing broker (IB).

A

False. The clearing BD acknowledges receipt of a complaint, but forwards it to the IB and the IB’s DEA for resolution.

95
Q

For what reasons would a firm use its error account?

A

If the firm or one of its RRs executed a trade involving the wrong security/quantity or on the wrong side of the market

96
Q

If a client’s order to buy XYZ at $50 is actually filled at $50 plus a $.25 commission, may the client refuse the trade?

A

No. The trade was executed at the price designated by the client.

97
Q

What is ERISA?

A

Employment Retirement Income Security Act

98
Q

When do gifts become the property of the minor in a custodial account?

A

When gifted

99
Q

Bob, who has an IRA, has chosen to make contributions for a nonworking spouse as well. May this be done in one account?

A

No. For Bob to make contributions for himself and a nonworking spouse, two separate accounts are required.

100
Q

True or False: Contributions to Traditional IRAs may be made after age 70 1/2.

A

False. Additional contributions are not permitted after age 70 1/2.

101
Q

True or False: Before settlement, a client may transfer a trade executed in her cash account to her margin account.

A

True

102
Q

A BD is not responsible for errors that are the _________ fault.

A

A BD is not responsible for errors that are the client’s fault.

103
Q

Regulation S-P requires clients be provided with a ______________ detailing how BDs handle personal client information.

A

Regulation S-P requires clients be provided with a Privacy Notice detailing how BDs handle personal client information.

104
Q

Define completion of a transaction.

A

When a client delivers cash or securities to a BD, or when the client’s account is debited for cash or securities

105
Q

A principal of a member firm must approve discretionary orders __________.

A

A principal of a member firm must approve discretionary orders promptly.

106
Q

Tim has both a cash and margin account with the same BD. If BD bankruptcy occurs, how are Tim’s accounts handled?

A

Tim’s accounts are combined for SIPC coverage purposes.

107
Q

What triggers a BD’s filing of a Suspicious Activity Report (SAR)?

A

Any suspicious transactions of $5,000 or more

108
Q

True or False: An account may be opened without a completed Form W-9.

A

True. However, if a Form W-9 (Request for Tax ID # and Certification) is not completed, backup withholding will apply.

109
Q

When is a Currency Transaction Report (CTR) or FinCEN Form 104 filed?

A

Within 15 days following the transaction

110
Q

Who is eligible to contribute to a qualified annuity?

A

Public school employees [403(b)] and certain non-profit organization employees [501(c)3]

111
Q

True or False: For trades involving bonds, confirmations must disclose the yield computation used (i.e., YTM or YTC).

A

True

112
Q

If a client dies, what action should be taken to protect the interests of any beneficiaries?

A

Outstanding orders should be cancelled.

113
Q

True or False: If an RR executes a trade in error, the trade goes into the RR’s error account.

A

False. Firms, not RRs, maintain error accounts.

114
Q

Explain a receipt versus payment (RVP) transaction.

A

A situation whereby payment on a trade is made when security delivery is received and accepted by selling client’s agent

115
Q

True or False: Third-party authorization may NOT be given to a person who is neither a blood relative nor U.S. citizen.

A

False. There is no requirement that the person granted authorization be a U.S. citizen or relative of the account owner.

116
Q

A guardian is a form of ______-appointed custodian.

A

A guardian is a form of court-appointed custodian.

117
Q

Explain a delivery versus payment (DVP) or collect on delivery (COD) transaction.

A

A situation whereby delivery of securities are made to the buying client’s agent (bank) in exchange for payment

118
Q

True or False: Customers are required to sign the loan consent agreement.

A

False, the loan consent agreement is optional.

119
Q

If requested by a client, a copy of the predispute arbitration agreement must be provided within ____ business days.

A

If requested by a client, a copy of the predispute arbitration agreement must be provided within 10 business days.

120
Q

What happens to the power of attorney to exercise discretion if the client dies?

A

The client’s death invalidates the power of attorney.

121
Q

When a BD is acting as agent for both the buyer and seller, what must be disclosed on the confirmation?

A

The BD must disclose (or offer to disclose) the name of the contra-party, compensation received, and time of the trade.

122
Q

The ________________ Agreement describes the customer’s pledging of securities as collateral to the BD.

A

The Hypothecation Agreement describes the customer’s pledging of securities as collateral to the BD.

123
Q

True or False: BDs may accept oral permission from clients to exercise discretion in their accounts.

A

False. The client’s prior written authorization is required.

124
Q

True or False: A Transfer on Death (TOD) designation creates a joint account.

A

False. The beneficiary has no control over the assets in the account.

125
Q

What happens to the deceased’s portion in a joint account with tenants-in-common?

A

The deceased’s portion goes to his estate for tax purposes.

126
Q

If prudent, based on a minor’s objectives, may uncovered option positions be permitted in a custodial account?

A

No. Uncovered option positions require the use of a margin account, which is prohibited for minors.

127
Q

If Joe is 55 years old, how much could he contribute to his IRA?

A

For anyone 50 or older, an additional $1,000 is allowed, making the maximum contribution $7,000.

128
Q

What is TOD as it relates to a customer account?

A

Transfer on Death. TOD allows assets to transfer to a named beneficiary at owner’s death.

129
Q

True or False: For the growth in a Roth IRA to be tax-free, a five-year qualification period applies.

A

True

130
Q

_____ Plans are college savings plans with high contribution limits set by the state sponsor.

A

529 Plans are college savings plans with high contribution limits set by the state sponsor.

131
Q

What is the role of an SRO?

A

Maintain fair and orderly securities markets and establish rules and regulations for protecting investors

132
Q

True or False: Checking personal references provided by a client is acceptable for verifying identity.

A

False

133
Q

If a firm uses the SIPC logo on its Web site, what must it include?

A

A hyperlink to the SIPC Web site

134
Q

Upon receipt of a death certificate, the existing power of attorney is __________.

A

Upon receipt of a death certificate, the existing power of attorney is cancelled.

135
Q

What type of power of attorney is required for an individual to buy and sell securities in a client’s account?

A

Limited power of attorney

136
Q

Why is short selling not permitted in a custodial account?

A

Because short sales may occur only in a margin account, and minors are not permitted to establish margin accounts.

137
Q

True or False: All discretionary orders must be pre-approved.

A

False. Discretionary orders are required to be reviewed and approved on the day the order is entered, not in advance.

138
Q

_____________________________ protects customers from BD bankruptcy.

A

Securities Investor Protection Corporation (SIPC) protects customers from BD bankruptcy.

139
Q

True or False: Custodians may liquidate positions for reimbursement of expenses associated with the custodianship.

A

True

140
Q

True or False: All discretionary orders must be approved verbally by the client by the end of the day.

A

False

141
Q

A BD handling a discretionary account must _______ and ________ each order by the end of the ____________.

A

A BD handling a discretionary account must review and approve each order by the end of the trading day.

142
Q

What items are acceptable as proof of identity under the Customer Identification Program (CIP)?

A

Passport or driver’s license (both have a picture)

143
Q

Emma has contributed money into an IRA on both a pre and post-tax basis. How will the distributions be treated?

A

The pretax dollars are taxable and will be taken out on a pro-rata basis according to the contributions.

144
Q

When is a Suspicious Activity Report (SAR) or FinCEN Form 101 filed?

A

Within 30 days of discovery of the suspicious activity

145
Q

The appointment of guardian/conservator and certificate of incumbency must not be older than ____ days.

A

The appointment of guardian/conservator and certificate of incumbency must not be older than 60 days.

146
Q

A client executes three day trades over a five-business-day period. Is this client a pattern day trader?

A

No. A pattern day trader executes four or more day trades over a five-day period.

147
Q

To participate in a tender offer, an investor may only tender shares that she is ____ long.

A

To participate in a tender offer, an investor may only tender shares that she is net long.

148
Q

Explain the concept of holding securities in street name.

A

This is when client securities are held by and registered in the name of the BD

149
Q

May an employee of a corporation who contributes to a corporate pension plan also contribute to a Keogh plan?

A

Yes, provided the Keogh contribution is solely based upon the employee’s self-employment income.

150
Q

How are withdrawals from a Traditional IRA treated for tax purposes?

A

If all contributions were deductible, then the entire withdrawal is taxed as ordinary income.

151
Q

If Mary has a cash account as well as an IRA account, what coverage will SIPC provide?

A

The cash account is one customer and the IRA (which is a trust) is a second customer. So, $500,000 for each customer.

152
Q

True or False: In an IRA, pre and post-tax contributions will be distributed on a LIFO basis.

A

False. They are distributed on a pro-rata basis.