FC Chapter 5 Flashcards
What must be addressed in a BD’s business continuity plan?
The process for communicating with regulators and mission-critical systems (computers) required to continue business
True or False: An office of convenience, used to occasionally meet with clients, may use signage if not too prominent.
False. Signage is not permitted for an office of convenience.
True or False: An employee of a BD who deals exclusively with the sale of REITs is NOT required to be fingerprinted.
True
True or False: All employees of a BD are required to be fingerprinted.
False. Clerical employees are not fingerprinted if they do not handle customer accounts, assets, or books and records.
Define wrap account.
A managed account that charges clients an annual fee to cover trading, research, and advisory services
A BD’s new applicant admits to a prior drug conviction (a misdemeanor). Is he subject to statutory disqualification?
No. However, the conviction must be disclosed on his Form U4.
Any fine against an RR for greater than $______ must be reported to _______.
Any fine against an RR for greater than $2,500 must be reported to FINRA.
If a qualification exam has been failed for the third time, what waiting period applies?
After the third unsuccessful attempt, the waiting period is 180 days after each additional attempt.
Logan, an RR, has just obtained a Certified Financial Planner (CFP) designation. Must this be reported to FINRA?
No. SRO notification is not required due to obtaining a CFP or other designation.
What form must be filed with FINRA at the time an associated person’s registration is terminated?
Form U5
If a BD that operates on a bank’s premises fires one of its BD employees for cause, is the bank required to be notified?
No. The bank is only required to be notified if the terminated individual is also a bank employee.
Beyond details on regulator communication and mission-critical systems, what is included in a business continuity plan?
The impact of a disruption of the firm’s counterparties, alternative locations for employees, and regulatory reporting
If an associate requests a copy of his U5, how long does the member firm have to respond?
Response must be made within 2 business days of request.
True or False: CRD provides a process for filing registration and withdrawal applications for individuals and BDs.
True
How many days are representatives given to complete the Regulatory Element of Continuing Education?
120 days from the anniversary date of their initial securities registration.
When is a firm’s business continuity plan made available to FINRA?
Promptly upon request
How often are firms required to evaluate their training needs?
Annually
To apply for a securities license, one must file Form _____ with FINRA.
To apply for a securities license, one must file Form U4 with FINRA.
A branch that supervises one or more non-branch locations must be inspected ____________.
A branch that supervises one or more non-branch locations must be inspected annually.
True or False: The CRD system may be used to process state registration applications.
True
Who usually manages a wrap account?
An investment adviser
What information does the CRD system provide about a registered person?
His employment and disciplinary history
List some examples of appropriate training for a BD’s Firm Element program.
Investment features/risks of products or services, suitability and sales practice considerations, and regulatory issues
The ______ is the office providing final approval of retail communication.
The OSJ (Office of Supervisory Jurisdiction) is the office providing final approval of retail communication.
True or False: A back office (operations office) is considered a branch office.
False. Back offices (operations offices) are non-branch locations.
Mary has been an RR for nine years. When is she next subject to the Regulatory Element of Continuing Education?
In two years, on the 11-year anniversary of her initial registration
Form U4 requires an applicant to disclose her employment history and convictions covering the last ____ years.
Form U4 requires an applicant to disclose her employment history and convictions covering the last 10 years.
Emma intends to advise on or facilitate mergers and acquisitions. What registration is required?
Series 79 - Investment Banking Representative
List some examples of items that would be unacceptable under an investment adviser’s soft-dollar arrangement with a BD.
Office space, accounting fees, travel reimbursement, licensing fees, advertising/marketing expenses
If an RR works from home, his stationery, business cards, and other communications must show what address?
The address of his branch office
True or False: A member firm may compensate a non-member for a trade in an exempt security.
True
True or False: Geographic distance from another OSJ is considered when determining whether a branch is an OSJ.
True
An office whose sole function is to ________ investment banking services is NOT considered a branch office.
An office whose sole function is to solicit investment banking services is NOT considered a branch office.
A branch office that is NOT responsible for supervising another office is inspected every ______ years.
A branch office that is NOT responsible for supervising another office is inspected every three years.
With what orders may an Assistant Representative for Order Processing assist?
Only unsolicited orders (with approval of a registered person)
If a firm reduces its staff to avoid the Taping Rule, the individuals may not be rehired for ____ days.
If a firm reduces its staff to avoid the Taping Rule, the individuals may not be rehired for 180 days.
Define producing branch manager.
An individual who handles accounts as an RR, but also performs various supervisory functions
When is a non-branch office inspected?
Periodically
To determine whether a branch is an OSJ, the __________ and ___________ of the branch’s activities are considered.
To determine whether a branch is an OSJ, the diversity and complexity of the branch’s activities are considered.
How often must senior management be apprised of the status of the firm’s supervisory control system?
Annually
Registration status becomes __________ if the Regulatory Element of CE is not completed within the prescribed period.
Registration status becomes inactive if the Regulatory Element of CE is not completed within the prescribed period.
True or False: An OSJ is only required to maintain a file of written complaints received from its own clients.
False. An OSJ must maintain written complaints received from its own clients and those of other supervised branches.
What are some of the functions performed through an OSJ?
Order execution, market making, structuring investment banking deals, and maintaining custody of client assets
True or False: All branch offices are inspected annually.
False. Branch offices that supervise one or more other offices are inspected annually.
If an associated person of a foreign BD visits a U.S. Institutional client, by whom must she be accompanied?
A registered person of a U.S. BD
What are the different methods a firm may use to provide disclosure regarding its business continuity plan?
A disclosure statement is provided at account opening, posted on its Website, or mailed to clients upon request.
True or False: When a BD operates on a bank’s premises, SIPC must approve the arrangement.
False. There is no requirement for the SIPC to approve the agreement.
Along with written complaints, what must be maintained in every OSJ?
A copy of the firm’s written supervisory procedures
True or False: Nonregistered foreign BDs who provide research to U.S. institutions may be exempt from registration.
True. An exemption is available provided certain guidelines are followed.
When is an RR working from home permitted to use e-mail for client communication?
If employer preapproval is obtained and the communication is routed through the firm’s servers.
If a BD operates on a bank’s premises, how does it generally obtain a client’s acknowledgment of the potential risks?
The BD generally makes a reasonable effort to obtain written acknowledgment from clients.
Who is the executive representative of a BD.
The individual authorized to transact business with FINRA
True or False: An office of supervisory jurisdiction (OSJ) is inspected monthly.
False. An OSJ is inspected annually.
Invest Brokerage, a FINRA and MSRB member, has had its membership suspended by the MSRB. What action may FINRA take?
FINRA considers expulsion or suspension from membership with another SRO as grounds for statutory disqualification.
How must disclosures be made to clients when an account is opened on the premises of a financial institution?
They must be made both orally and in writing.
A brokerage office conducts market-making activities and maintains custody of clients’ assets. What is this office?
An office of supervisory jurisdiction (OSJ)
True or False: An RR’s primary residence may NOT be used to meet with clients.
True
If an individual has regular access to the firm’s original books and records, is she required to be fingerprinted?
Yes, employees with regular access to books and records need to be fingerprinted.
Who supervises a producing branch manager?
The regional manager (i.e., someone who is senior to the producing branch manager)
True or False: A temporary location used less than 30 business days per year is a branch office.
False. If used less than 30 business days per year, a temporary location is a non-branch office (e.g., a vacation home).
How often must clients be notified of the availability of the BrokerCheck system?
Annually
True or False: The 3 parts of the A-B-C test for IAs are Advice about securities, being in the Business, and Commission.
False, the “C” of the investment adviser test is Compensation, not Commission.
True or False: Firm Element Continuing Education requires BDs to update employees on job and product-related subjects.
True
Related to an individual’s registration, if an amendment is required, when must it be filed with the CRD?
Promptly
Holden has a Series 24 registration. Would he be permitted to accept a secondary market order for a closed-end fund?
Yes. A prerequisite for the Series 24 is holding a Series 7 registration.
List some examples of items that would be acceptable under an investment adviser’s soft-dollar arrangement with a BD.
Research reports, access to analysts, portfolio analysis software, attendance fee for a securities conference/seminar
Is denial or revocation of registration by another securities regulator considered grounds for denial by FINRA?
Yes
What type of compensation may a Series 11 representative receive?
Wage, salary, bonus, but not commissions
What is the typical fee range assessed by BDs in a wrap account?
From 1% to 3% of assets under management
Who must be covered under a BD’s Firm Element Continuing Education program?
Any registered person who has direct contact with clients and any person required to register as a research analyst
True or False: Preparation of retail communication is the responsibility of an OSJ.
False. Preparation may be done by a branch; however, approval must be provided by the OSJ.
Certification of the FINRA compliance process is attested to by the _____ of the BD.
Certification of the compliance process is attested to by the CEO of the BD.
Wrap accounts benefit clients who trade ___________.
Wrap accounts benefit clients who trade frequently.
What is an SRO?
Self Regulatory Organization, for example, FINRA or the MSRB.
If nonregistered, foreign BDs provide research to U.S. institutional clients, when may firms execute client trades?
When the trades involve securities covered by the report and the firms do not recommend executing through the foreign BD
When is a non-securities business office (i.e., an insurance office) not considered a branch office?
When it effects fewer than 25 securities transactions annually
True or False: An office where the firm’s operations department processes securities trades is a branch office.
False. A back office/operations office (non-sales office) is NOT a branch office.
When is a BD employee NOT required to be fingerprinted?
When not engaged in selling securities, has no access to funds/securities, does not handle or process funds/securities
For what items may soft dollars be used?
Research reports and educational seminars, but not for items that does not benefit the client
Form U5 is filed with FINRA within ____ days of resignation or termination of association with a member firm.
Form U5 is filed with FINRA within 30 days of resignation or termination of association with a member firm.
If the CEO of a BD participates in sales activities, give an example of who may supervise the CEO’s activities.
The compliance director of the BD, since this is someone who does not report directly to the CEO
True or False: If producing branch managers service accounts of family/friends, independent supervision is not required.
False. The independent supervision ensures protection of accounts from inappropriate actions by managers.
What is required of communication that is sent to more than 25 retail investors within any 30-calendar-day period?
Pre-use approval by a principal