Fundamentals Flashcards
Conduct deemed unacceptable bar definition
always bar an individual from being certified
- NO recourse
Conduct deemed unacceptable bar list
- theft, embezzlement, tax fraud & other financial/tax crimes
- felony conviction of any degree or murder/rape EVER
- violent crime within 5 yrs
- revocation of financial professional license
Conduct deemed presumptive bar definition
behavior ‘presumed’ unacceptable and will bar certification
- unless individual pteitions Discplinary & Ethics Commission (DEC)
Conduct deemed presumptive bar list
- two+ personal/business bankruptcies
- felony of violent crimes (not murder/rape) occurred >5yrs ago
- nonviolent crimes (perjury,etc within 5 yrs)
- revocation/suspension of nonfinancial professional license
- suspension of financial professional license
Dodd-Frank Act assets < $100mil
register with the state
- midsized investors have assets between $25mil-$100mil
Dodd-Frank Act assets > $110mil
register with SEC
Dodd-Frank Act assets between $100-$110mil
choice to register with state or SEC
To register with SEC, you need to file
Form ADV
To withdraw registration from SEC, you need to file
Form ADV-W
RIA must file ____ and ____ annually
- ADV Part 1
- Schedule I
Form ADV Part 1 A & B (not part of client brochure)
firm name
- background (Executives)
- U4 marks for firm and stake holders
Form ADV Part 2 A & B (makes up client brochure)
firm and advisor info
- compensation and fees
- education
- investment objectives & strategies
- conflicts of interest (proprietary funds)
Form ADV Part 3
- client ‘relationship’ summary (aka CRS)
- help retail investors understand differences between brokers & advisors
- written in plain English, concise, provide certain meaningful & accurate info about firm/financial professionals/services it offers retail investor clients/customers
Exceptions to Registration definition
those who don’t need to register and not regulated by Advisors Act
Exceptions to Registration list (TABLE)
teachers
- accountants
- broker/dealer & banks (advisory services solely incidental to conduct business)
- lawyers
- engineers
Exemptions to Registration definition
meet definition of investment adviser but do not need to register
- are subject to anti-fruad provisions of Advisers Act
- do NOT provide advice, services, analysis/reports regarding nationally listed securities
- do NOT provide advice about securities traded on national exchange
Exemptions to Registration list (VIPs are SaFE from exemptions)
- Venture Capital Funds
- Insurance companies
- Private funds < $150mil
- Foreign advisors without place of business in US
The Brochure Rule (compliance accomplished by ADV Part 2) requires written disclosure to every client regarding:
- advisory services/fees
- types of securities
- education & business standards
- participation/interest in securities transactions
- conditions for managing accounts
Registers with FINRA using what form
Form U-4
Shift in Demand Curve list
income
- taxes
- savings rate
- disposable income