IAD Level 1 - Mock 5 Flashcards

1
Q

Two firms offer services to a client. Firm A offers services in US trade bills and soybean options. Firm B offers services in US treasury bills and options on silver.

Which of the following is true?
A. Firm A would not need to be authorised by the FCA for either product. Firm B would need to be authorised by the FCA for both products
B. Both firms would need to be authorised by the FCA for the bills, but not for the options
C. Firm A would need to be authorised by the FCA for the US trade bills only and Firm B would need to be authorised by the FCA for both products
D. Both firms would need to be authorised by the FCA for all of these products

A

A. Options on soybeans are not specified investments, so no authorisation is needed to provide services in those. Options on precious metals (including silver), however, are specified. Although debt instruments are generally considered specified investments, trade bills are specifically excluded from authorisation in the Regulated Activities Order.

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2
Q

A government may wish to keep its budget in balance but still increase aggregate monetary demand by relying on what economic effect?

A. Stabilisation
B. Balanced Budget Multiplier
C. Trade Deficit Reducer
D. PSNCR

A

B. The balanced budget multiplier is due to the fact that the government spends all the money individuals pay in tax which would otherwise have been saved.

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3
Q

Which of the following would ALWAYS be contained within the key information document?

A. A description of the firm and its services
B. A description of the terms and features of a product
C. A statement of whether the firm is agent or principal
D. A meaningful benchmark against which performance can be matched

A

B. The KID is a generic product factsheet, telling retail clients about the product they are considering.

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4
Q

The Financial Ombudsman offers voluntary jurisdiction as well as compulsory. Which one of the following may be covered by the voluntary jurisdiction?

A. Providing payments on plastic cards
B. Providing execution only services on securities
C. Safeguarding and the administration of client assets
D. Providing regulated mortgage services as a building society

A

A. Providing payments on plastic cards is subject to voluntary jurisdiction. Providing mortgages is also voluntary if it were offered by a non-FCA authorised firm. A building society is FCA authorised and therefore subject to compulsory jurisdiction.

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5
Q

A trader at a stockbroking firm has mis-marked the valuation of his open positions in order to hide the losses that he has accumulated over the last two months. This has been possible as the profit and loss reporting system has been replaced with a new system which allows staff to manually input the settlement price of illiquid positions. The head of the trading desk, who commissioned the new system, has now discovered this cover up. In terms of the conduct rules, which rule has the manager possibly breached?

A. Act with integrity
B. Take reasonable steps to ensure that any delegation of your responsibilities is to an appropriate person and that you oversee the discharge of the delegated responsibility effectively
C. Take reasonable steps to ensure that the business of the firm for which you are responsible complies with the regulatory system
D. Observe proper standards of market conduct

A

B. An approved person failing to supervise and monitor adequately the individual or individuals to whom responsibility for dealing with an issue or authority for dealing with a part of the business has been delegated is in contravention of Senior Manager Conduct Rule 3.

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6
Q

In relation to the best execution rules in the conduct of business sourcebook, is it acceptable for a firm to charge different amounts for conducting the same trade on TWO different execution venues?

A. Yes - provided disclosure is made to the client
B. Yes - provided the difference between the charges represents differences in trading costs on the execution venues
C. No - it is never acceptable
D. No - it is not acceptable when there is only a choice of two venues

A

B. Yes - provided the difference between the charges represents differences in trading costs on the execution venues.

The COBs state that the firm must not structure its charges or its commissions in such a way as to discriminate unfairly between execution venues.

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7
Q

In respect of the general rules on communications, a firm must disclose which information before providing services?

A. The firm’s name
B. Name of the firm’s representatives
C. The name and address of the regulator
D. Settlement policies

A

A. The appropriate information needs to be disclosed before providing services in respect of:
- The firm and its services
- Designated investment and proposed investment strategies
- Execution venues
- Costs and associated charges

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8
Q

You are an investment manager with an authorised firm, handling a large and diverse portfolio of clients. Whilst cycling to the office one morning, you cycle past the main factory of BJL, a quoted manufacturing company, and notice that it is being consumed by flames.
Which of the following courses of action is most appropriate for you to take?

A. Do nothing, as to act would be acting upon inside information, which is illegal under the CJA93
B. Advise your clients to sell any shares that they own in BJL as soon as possible
C. Advise your clients to purchase put options on BJL shares as soon as possible
D. Phone your friend, a journalist writing the gossip column for a financial newspaper, and tell her the news

A

B. The fact that the factory is burning is not ‘inside information’, as it is immediately obvious to anybody passing by. Given that you have a ‘large and diverse portfolio of clients’, it is reasonable to assume that there are many retail clients in your portfolio. Derivative products are considered high-risk investments, and so are unlikely to be suitable for many of your clients. Since the factory is the ‘main’ factory for BJL, it is reasonable to assume that their sales revenue and profits will be hit, at least in the short term, therefore advising your clients to sell in anticipation of a falling share price seems a reasonable action to take.

Even more reasonable, of course, would be to select option E ‘phone the fire brigade’ though unless this is one of the options presented to you then you cannot select it. This reinforces the exam-technique point that you should approach each question at face value, and don’t reject valid options whilst wishing some other ‘real-world’ option was present.

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9
Q

Consider the following roles at an authorised firm.

  • Michael supervises Brian who gives advice on pension products to retail clients
  • Pauline supervises Alan who executes trades in shares and bonds for retail clients

In respect of the two supervisors only and according to the Training and Competency Sourcebook:
A. Pauline must have 3 years experience
B. Only Michael must have passed an appropriate exam
C. Only Pauline must be competent to perform the role
D. Michael must have appropriate coaching and assessment skills

A

B. Although Pauline may have to sit an appropriate exam (this if for the firm to decide), Michael MUST. The sourcebook states, “If the employee is advising on packaged products to retail customers the firm must ensure that the supervisor has passed an appropriate examination.” Both Michael and Pauline must be competent and have appropriate coaching and assessment skills. There is no minimum experience requirement to become a supervisor.

Note: both the employees being supervised would need an appropriate qualification under T&C.

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10
Q

With regard to the client money rules, when should shortfalls identified by an internal reconciliation be repaid?

A. At the end of the business day
B. At the end of the next business day
C. Before the end of ten business days
D. Before the end of 25 business days

A

A. Following reconciliation, any discrepancies that have been identified internally need to be rectified by the close of the business on the day the reconciliation is performed. If it is external reconciliation and there is a discrepancy, the firm must investigate and correct it as soon as possible.

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11
Q

A firm is able to execute a client order on venue A or venue B. If the spread associated with venue A is better, the firm must execute on:

A. Venue A
B. Venue B
C. Neither venue A or venue B
D. Either venue A or venue B provided the cost difference only reflects actual execution cost differences

A

D. Different prices can only be charged for different venues if the difference reflects the actual execution cost differentials and not, for example, commissions received by the executing broker. The increased execution costs may reflect a better service.

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12
Q

Frances performs the role of CASS operational oversight function at a small investment firm. Which of the following statements is true of her role?

  • Statement 1: She must have passed the fit and proper test to perform the function
  • Statement 2: She will need to ensure a client money and asset return (CMAR) is made monthly

A. Statement 1 is true and statement 2 is false
B. Both statements are true
C. Statement 1 is false and statement 2 is true
D. Neither statement is true

A

A. CASS operational oversight is a certification fuction of a firm and the fit and proper test will need to be passed before performing this function. As a small investment firm, only two CMARs per year need to be made to the FCA.

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13
Q

All of the following types of Designated Investment Business carried out for a retail client are covered by the Training and Competency rules EXCEPT:

A. Arranging
B. Dealing
C. Managing
D. Overseeing on a day-to-day basis

A

A. The Training and Competency rules apply to those advising, dealing, managing, or overseeing for retail clients.

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14
Q

With regard to POCA and the Money Laundering Regulations which of the following statements is FALSE?

A. Mary performs a certification function and suspects, but is not wholly sure, that Jim in another department is involved in money laundering; failure to report would constitute an offence
B. Geoff, in dealings with a clients, informs them that he cannot proceed with business as a suspicion of money laundering has been filed on their account. This is punishable with a prison sentence of up to two years
C. Michael, when processing and accepting client money, knows that the money has come from criminal activity. This is punishable with a prison sentence of up to five years
D. Peter suspects a money laundering activity and does not make a disclosure as soon as practicable. This is punishable with a prison sentence of up to five years

A

C. The offence Michael could be guilty of is assisting. This is punishable with a maximum penalty of 14 years and not five. Failure to report a suspicion could result in a five-year prison sentence. The penalty for tipping off (Geoff) is a maximum of 2 years in prison.

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15
Q

Which of the following is not a feature of the FCA’s principles-based approach to money laundering in their Senior Management Arrangements, Systems and Controls (SYSC) Sourcebook? Firms should:

A. Establish and maintain effective systems and controls for compliance with JMLSG
B. Be able to identify, assess, monitor and manage money laundering risk
C. Establish measures to ensure that money laundering risk is taken into account in their day-to-day operation
D. Delegate overall responsibility for the establishment and maintenance of effective anti-money laundering systems and controls to the MLRO

A

A. Although adherence to the JMLSG guidance is taken into consideration by the FCA in any investigation, it is not a requirement of SYSC that firms do so.

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16
Q

Derek creates fictitious trades to disguise the risk of his positions from his line manager. Which of the following Conduct Rules is most likely to have been breached by Derek?

A. You must be open and cooperative with the FCA, the PRA and other regulators
B. You must act with due skill, care and diligence
C. You must pay due regard to the interests of customers and treat them fairly
D. You must act with integrity

A

D. In creating a fictitious trade, Derek has deliberately tried to mislead his line manager and the firm. This is a breach of the integrity rule.

17
Q
  • Jim is a non-executive director of the firm.
  • Bob is a company accountant and the major shareholder in the firm.

Who would need to be certified as they hold a senior management function?
A. Both Jim and Bob
B. Jim
C. Bob
D. Neither would be regarded as holding a significant function

A

B. Jim is a non-executive director and it is listed as a significant function. The fact that Bob is a major shareholder is an indication that it is most likely going to be a distracter. If he was the chief financial officer then he would be regarded as a significant influence function.

18
Q

The Training and Competency (T&C) rules impose requirements on staff of authorised firms to pass an ‘appropriate examination’ before they can carry out which of the following activities?

A. Acting as a broker fund advisor
B. Giving basic advice on retail investment products
C. Running the annual ‘Grand National’ sweepstake in the office
D. Arranging a term life insurance policy

A

B. The other roles for which examinations are required are performing certain advising and dealing activities; advising on syndicate participation at Lloyd’s; acting as a pension transfer specialist.

19
Q
  • Ted Sagar has been accused of asking for a substantial bribe in order to facilitate the awarding of a contract to provide IT services for his firm.
  • Neville Southall has been accused of hiding money raised via distributing forged bank notes in a refuse bin at the rear of his aunt’s garden.
  • Bobby Mimms has been accused of selling tip-sheets via her website to investors across the UK, despite the fact that she has not been authorised to do so.
  • Gordon West has been accused of telling his friend Nigel Martyn that the bank West works for has made a report concerning suspicions of Martyn to the MLRO.

Which of the four individuals has committed an offence for which the maximum prison term is TWO years in prison?
A. Ted Sagar and Bobby Mimms
B. Neville Southall and Nigel Martyn
C. Bobby Mimms and Gordon West
D. Gordon West and Neville Southall

A

C. Ted Sagar is accused of bribery - this has a maximum prison term of 10 years under the Bribery Act 2010. Neville Southall is accused of concealing the proceeds of crime - this has a maximum prison term of 14 years. Bobby Mimms is accused of breaching the general prohibition - this has a maximum prison term of 2 years. Gordon West is accused of tipping off a criminal laundering criminal funds - this has a maximum prison term of 2 years.

20
Q

Which of the following statements is not a possible defence against being accused of the civil offence of market abuse? The accused was acting:

A. In accordance with the FCA’s price stabilisation rules
B. Without being trained properly in using the trading systems of the firm
C. With reasonable grounds for believing that her actions did not constitute market abuse
D. In accordance with the conduct of business rules

A

B. According to the Money Laundering Regulations 2017, not being trained is a possible defence against the criminal offence of money laundering; however, it is not a defence against accusations of market abuse.

21
Q

Francesca, an equity analyst with an authorised firm, is accused of insider dealing under the Criminal Justice Act 1993, as a result of the following transactions:
- Transaction 1: Francesca, acting alone, dealt ahead of publishing her own investment research to clients, making herself a profit of £20,000
- Transaction 2: In collusion with Norman, a person acting on behalf of a foreign bank, Francesca put through a financial future deal on NYSE.liffe, earning a profit of £10,000 to be split equally between the two

Which of the following statements are correct?
A. The FCA will prosecute Francesca for insider dealing in transaction 1, whilst the Crown Prosecution Service will prosecute both Francesca and Norman for insider dealing in transaction 2
B. Since Norman is working for a non-UK firm, it is not possible to prosecute him in the UK Crown Court - the FCA would need to pass the case to the foreign regulator
C. The FCA must seek dispensation from FATF before taking any action against Norman
D. The maximum penalty for both Francesca and for Norman is seven years in prison and/or an unlimited fine

A

D. Sections 401 and 402 of FSMA2000 give the power to the FCA to prosecute for insider dealing under CJA93 in the Crown Court, where the offence occurred within the UK, involving a qualifying asset (such as an exchange-traded financial future) on a UK RIE (such as NYSE.liffe). The fact that Norman works for a non-UK firm is irrelevant and the Financial Action Task Force is also irrelevant to this question.

22
Q

Firm XYZ is an authorised person in the UK and communicates a promotion from Firm JKL, an authorised overseas person. Which of the following is TRUE?

A. There would be no compensation cover
B. As the promotion is being relayed through a UK firm the compensation scheme is available
C. The extent to which the compensation will or will not be available must be stated
D. The compensation cover follows home state rules

A

C. Where a firm communicates or approves a financial promotion on behalf of an overseas person, the financial promotion must make clear which firm has communicated or approved it and (where relevant) must explain:

  • That the rules for the protection of investors will not apply
  • The extent to which the UK compensation scheme arrangements will be available (and if they will not, that fact), and
  • If the communicator wishes to do so, the details of any overseas compensation and/or the deposit protection scheme applicable.

The firm must not communicate and/or approve the promotion unless it has no doubt that the overseas firm will deal with its UK clients honestly and reliably.

23
Q

When considering whether to make a public disclosure and impose a financial penalty on an approved person, the RDC will take into account all of the following, EXCEPT:

A. The disciplinary record of the accused
B. The fact that the accused may have admitted the offence
C. The fact that a customer may have been compensated for financial loss
D. The fact that the firm continues to employ the individual

A

D. The fact that the firm continues to employ the individual is not relevant to any RDC decision over disciplinary action.

24
Q

According to guidance in the FCA handbook which of the following would BEST indicate that an investment manager of a client portfolio was engaged in churning?

A. Excessive activity in a client’s portfolio containing shares
B. The investment manager acting in collusion with clients to secure a dominant position over the supply of or demand for an investment
C. The sale or purchase of an investment from the portfolio where there is no change in beneficial interest or market risk
D. Excessive activity in a client’s portfolio containing packaged products

A

A. Persons acting in collusion that secure a dominant position over the supply of or demand for an investment. A sale or purchase of an investment where there is no change in beneficial interest or market risk. Both are market abuse.

Excessive activity in a client’s portfolio containing packaged products is switching.

25
Q

When considering whether an individual is fit and proper for the certification regime, the firm will consider many aspects. Honesty, integrity and reputation may cause the individual to fail. What is the scope of the test?

A. The company for which approval is being sought
B. Any financial company within the jurisdiction of the UK
C. Any company within the jurisdiction within the EEA
D. Any company, any jurisdiction

A

D. The firm must take into consideration information from any company in any jurisdiction in relation to its impact on the company for which approval is being sought.

26
Q

Which of the following is NOT true of the Financial Conduct Authority?

A. In its role of ensuring that consumers get the products and services that meet their needs, the FCA will oversee the Money and Pensions Service and the Financial Ombudsman Service
B. To ensure markets and financial systems are sound, stable and resilient the FCA will supervise both exchange-traded markets and over-the-counter markets
C. To ensure firms compete effectively the FCA will ensure there are no unreasonable barriers for new firms entering the market and will consider new regulation to promote this competition
D. To ensure the safety and soundness of firms the FCA will use an advanced risk-responsive operational framework to create a common framework across sectors

A

D. It is not an FCA objective to ensure the safety and soundness of firms. This is the objective of the PRA.

27
Q

When an appointed representative is communicating a promotion to retail clients, and making appointments, which of the following is not required?

A. The detailed risks of the investment
B. Whether the client wishes to continue
C. The caller’s name
D. A contact point to cancel the appointment

A

A. The detailed risks of the investment can be discussed at a later date.

28
Q

The Basel Committee on Banking Supervision (BCBS) has been developing many new policies in the wake of the recent financial crisis. The policies issued by the Basel Committee are:

A. Legally binding
B. Best practice guidelines
C. Statutory
D. Legislation

A

B. The policies issued by the Basel Committee are best practice guidelines. This is why EU directives (such as the Capital Requirements Directive) have to be used to give legal force to the Basel Committee policies.