Fundamentals Flashcards
Invesetment Advisor but exempt (“investment advisor” but don’t have to register) from registration…
Advisors to…
Venture capital
Insurance
Private funds <$150M
s
(are)
home State
Foreign advisors
securities NOT on national Exchange
(from exemptions)
governed by Section 206 - anti fraud
Statement of Financial Position or Statement of Net Worth =
= Balance Sheet
Statement of Cash Flows
Income & Expense Statement
4 Tools Used by Fed to regulate interest rates and m oney supply
- Reserve Req
- Excess Reserve
- Discount Rate
- Open Market Operations
Capital Goods & Consumer Durables
Fluctuate directly with economy and GDP
- capital goods - goods used to make other things
- consumer durable goods - longer lasting goods
Taxation of US Treasury Securities
Taxable at federal level
Nontaxable at state & local level
- EE Bonds tax exempt at all levels if used for qual education exp
Interest Rate Fluctuation
- Lower money supply = higher rates
- Decreasing US deficit = higher supply = lower rates
- Lower inflation = lower rates = higher money supply
- Weaker credit demand = lower rates
- Dollar-denominated assets sold overseas = decreasing money supply = higher rates
Investor Advisers Act of 1940: Disclosure Brochure
- submitted w/in 48hrs before entering into contract OR
- at time of contract with 5-day “look-see”
Client first/highest priority after losing job
file for UE
Emergency Fund Asset Types
Current Assets only
- CD, money market mutual fund, cash
- NOT balanced mutual fund, line of credit
Exceptions (not recognized as “investment advisors” and not regulated by SEC) under definition of “investment advisor”
- TABLE plus
- banks that are NOT investment companies
- publisher of bonafide newspaper, magazaine, periodical of regular circulation
- advisor who advise strictly securities guaranteed by US
Absolute Liability
situation where someone has undertaken activities or actions that bring about extraordinarily hazardous circumstances
comparative negligence
- defense to negligence
- adjust damage amount by allocating negligence and loss proportionately
Rescission
- parties in a legal contract have a error/misunderstanding and no agreement can be reached
- carried out by court of law
Reformation
parties in a legal contract have a error/misunderstanding but willing to work out together
contributory negligence
- defense to alleged negligence
- evidence that injured party didn’t look out for own safety
assumption of risk
parole evidence rule
Once the contract is placed in written form, all previous and prior understandings of a verbal contract (or any other nature) will not be allowed to contradict the written contract
estoppel
if right has been waived, company will be stopped from denying a claim
waiver provisions
company reps cannot change contract
Open Market Operations
- buy/sell TREASURY securities
- NOT corporate securities
Treasury Dept NOT Federal Reserve
- prints money
- issues treasury bills
Agreements & Full Disclousure
without full disclousure of assets, info, etc. it is not possible to arrive at a fair arrangement
i.e., pre-nup, FP (limit/terminate)
FP Process Questions
- Where in Process?
- full disclosure?
- What has client already decided?
Quantitative Data
Names & Numbers
i.e. copies of trust docs and wills
Type of Data…Risk tolerance levels
PASS Score?
Qualitative data
CFPs perception of entering financial planning
irrelavent as to whether CFP must following the planning process
CFP bankruptcy
- must be disclosed to client regardless of when
Update Scope of Engagemen?
- Change in Risk aversion
- New Husband
- NO
- Yes
Provide information to a client outlined in Duties to a Client including but not limited to How the client pays for products, services and additional incurred costs including surrender charges and sales loads iii. How the CFP® professional and their firm are compensated for providing products and services.
Needed before Engagement?
NO
Client’s perception of CFP providing FP services…
CFP must follow Board practice standards
Requisite of fund prospectus and investment policy statements…
Not required when providing prof advice or making financial recs
brochure rule
- ADD info
- requires that a planner or advisor provide the client with all of the information as required at the meeting, or before the meeting, you enter into contract with them.
Investment Advisors Act of 1940: Section 202
- Anti-fraud & deceit
- regulates those exempted from registration
regulation of banks
federal reserve system & Federal Deposit Insurance Corporation
regulation of pension plans
subject to federal regulation by PBGC & ERISA
regulation of organized stock exchanges (NYSE)
federal gov’t through SEC
Federal authorities govern the insurance industry in the following instances and manner…
through the…
- IRC
- SEC
- ERISA
consumer confidence index
used to forecast consumer behavior/feeling
consumer price index
forecast future inflation