Practice Final#1 Flashcards
A broker-dealer has no policy for paying continuing commissions to retired representatives. A registered representative who is close to retirement has been approached by a colleague in his branch office to “take over” his accounts when he retires, and will pay a portion of the commissions earned to the newly-retired representative for a period of 10 years. Is this allowed by FINRA?
This is prohibited under FINRA rules.
The “problem” in this scenario is that commissions cannot be paid to unregistered persons. FINRA gives an exception to this when a registered representative is retiring (“RRR”), and a contract is entered into prior to retirement between the member firm and the RRR, allowing commissions to be paid in retirement (a nice thing). But this is not permitted between 2 associated persons when one is retiring.
Note that there is a way around this. The RRR could “sell” his or her book of business for a 1-time payment prior to retiring, so there are no continuing commissions. The issues with this are that the buying representative must have the cash to pay for the purchase, and the member firm must approve of the arrangement in writing.
A customer who has a pattern day trading account at a member firm receives a maintenance call. In order to meet the call, the customer:
cannot use a cross guarantee against the equity in any other account held for the customer at the same firm.
If a customer receives a maintenance call, the customer may “cross guarantee” and use the equity in any other accounts that the customer maintains at the same firm, with the exception of a pattern day trading account. Pattern day trading margin requirements are kept independent, and the customer can only use the financial resources available in the pattern day trading account to meet any maintenance calls. (This is another way that the rules “discourage” pattern day trading, aside from the fact that minimum equity is raised from $2,000 to $25,000 in these accounts. The intent of these rules was to get rid of the small customers who tried to exploit inefficiencies in NASDAQ trading systems by trading themselves in NASDAQ Level II, to scalp very small profits. The systems have been upgraded, so this is no longer possible, but the rule still stands!)
Which of the following would violate MSRB Rule G-20 on gifts and gratuities?
I A municipal representative gives his client 2 tickets to a “sold out” rock concert with a value of $175 each
II A municipal representative takes his client to a “sold out” rock concert where the tickets cost $175 each
III A municipal representative takes his largest retail client to lunch at the most expensive restaurant in town twice each month
IV A municipal representative picks up all expenses for his largest client’s weekend gambling excursion to Las Vegas
The best answer is I, III, IV.
Under MSRB Rule G-20, gifts related to the municipal securities business are limited to $100 in value, per person, per year. This makes Choices I and IV violations. However, business entertainment is permitted, as long as it is not too excessive or too frequent. Choice II appears to be a reasonable entertainment expense. However, Choice III appears both “too frequent” and “excessive.”
A municipal dealer receives a written complaint from a customer. Under MSRB rules, which statements are TRUE?
I A principal must personally handle the complaint
II A principal may delegate the handling of the complaint
III A principal must approve the resolution of the complaint
IV Copies of the complaint, and documentation of any action taken, must be retained for 3 years
The best answer II and III.
The principal does not have to personally handle customer complaints - this work can be delegated to someone else. However, the principal is responsible for the complaint’s handling and resolution. Copies of complaints, with actions taken, must be retained for 6 years under MSRB rules.
A registered representative at a FINRA member firm gives a speech to 15 potential customers about investing in high yielding common stocks and gives opinions about specific issues that would allow the attendees to form an opinion as to whether to buy those securities. Which statement is NOT true?
A. The speech must be approved in advance by the Supervisory Analyst
B. The speech must be accompanied by an “Analyst Certification”
C. The speech must be approved in advance by FINRA
D. The speech must disclose any potential conflicts of interest between the member firm or analyst and the recommended issuers
The best answer is C.
The SEC has defined a “research report” to include a speech to 15 or more persons about investing that would allow the attendees to form an opinion as to whether to buy or sell the securities discussed. Thus, FINRA research report requirements must be met, which includes approval of the recommendations by the Supervisory Analyst and disclosure of all potential conflicts of interest. In addition, SEC Regulation AC - Analyst Certification - also applies to research reports, so the representative must certify that the opinion expressed is his or her un-coerced and un-conflicted opinion. There is no requirement for research reports to be approved by FINRA.
In an inter-dealer trade of a Global Market stock between a market maker quoting that stock in the NASDAQ System and a non-market maker that accesses the quote in the System, who is required to report the trade to the NASDAQ TRF?
The Market Maker
Under ACT reporting rules for the NASDAQ TRF (Trade Reporting Facility), the executing member reports the trade. The market maker posting the quote in the NASDAQ system received the report from the non-market maker and executed it, so the market maker is the executing member and reports the trade within 10 seconds (during the hours that ACT is open).
The responsibilities of the BOM include:
I Approval of new accounts and transactions in accounts
II Ascertainment of the good character of applicants for registration
III Maintenance of personnel files for branch employees
IV Review of securities business related incoming correspondence directed to registered representatives
An issuer will sell securities under the terms of an “investment letter” because:
it does not wish to go through the cost and time of registering the issue with the SEC.
So-called “letter stock” is private placement stock sold under Regulation D. An “investment letter” that accompanies these issues explains that the securities are not SEC registered and cannot be resold in the public markets unless they are either registered or sold under an exemption such as Rule 144.
A broker-dealer is permitted to outsource all of the following functions to a non-member third party service provider EXCEPT:
The best answer is solicitation of new clients.
FINRA permits broker-dealers to outsource work functions to third party providers. More and more broker-dealer work functions require expensive computer hardware, software, and support, so a trend has developed among smaller broker-dealers to outsource these functions to a third party provider such as Broadridge, which provides a “menu of outsourcing solutions” for broker-dealers such as broker workstations, account opening and maintenance software, asset allocation and account analysis software, and back office and clearing functions (just to name a few). FINRA states that if functions are outsourced, the member firm is still responsible for supervision and compliance over these functions. FINRA also states that a member cannot outsource functions that require registration, unless these are outsourced to another broker-dealer. Functions that require registration include sales solicitation, determining suitability, making a recommendation, and writing an order ticket.
A municipal dealer who is a FINRA member employs 7 sales representatives, 3 traders, 2 financial advisors and 2 administrative persons. Under MSRB rules, this dealer must have how many Muni Principal’s?
1 municipal principal.
As a general rule, municipal securities firms are required to have 2 municipal securities principals. However, two exceptions are provided:
- If a municipal securities dealer has fewer than 11 full time employees engaged in the municipal securities business, it is only required to have one municipal securities principal. Please note that clerical employees are not included in the “fewer than 11” number.
- If the firm is also a FINRA member with a person licensed as a General Principal (Series 24), then only 1 Series 53 license is required.
Since this firm is a FINRA member, only 1 municipal principal is required.
Under the FINRA Conduct Rule regarding mutual fund breakpoints, the maximum sales charge on single purchases non-12b-1 mutual funds up to $10,000 is:
8 1/2% of POP
The maximum sales charge that can be imposed on single purchases of non-12b-1 mutual funds is 8 ½% of the Public Offering Price under FINRA Conduct Rules. If the fund has a 12b-1 plan in effect, the maximum sales charge percentage is reduced.
The last time to trade a listed equity option contract that is about to expire is:
4:00PM on the Third Friday of the Month
Hint: This is the same time as the closing of the equity markets. The third Friday of the month is also known as “Exercise Friday.”
Which security MUST be registered with the SEC?
A. Port authority revenue bond
B. Bank CD in the amount of $10 million
C. Debenture shelf offering of $100 million
D. Regional bank stock sold in an add on offering
The best answer is C.
Debentures are corporate non-exempt securities that must be registered with the SEC. A revenue bond is a municipal bond and is exempt. Any bank offering or bank stock is also exempt.
An individual is employed by a corporation as a sales manager and participates in her company’s 401(k) plan. Over the years, she has contributed $40,000 into the plan and her employer has made matching contributions totaling $16,000. She retires at age 65, at which point the account value is $82,000. What is this individual’s tax basis in the plan?
$0
All contributions to 401(k) plans represents dollars that have never been taxed, since the contribution amounts reduce taxable income at the time the contribution is made. Earnings build tax deferred. When distributions commence, they are 100% taxable, because none of the dollars in the 401(k) have ever been taxed. The tax basis of the account is “0.” Only “after-tax” contributions are considered to be “cost basis.”
TRUE or False: Variable annuity salesmen must be registered.
TRUE
To sell variable annuity contracts (which are considered to be a non-exempt security by the SEC), not only must an individual be registered with the State Insurance Commission, but he must also be registered with FINRA through a broker-dealer. Persons who have passed the Series 6 (Investment Companies/Variable Annuities exam) or the Series 7 (General Securities) exam are licensed to sell these products. Commodities are not securities and are not regulated by FINRA. U.S. Governments are exempt securities, so they do not fall under FINRA jurisdiction unless the government securities dealer is also an FINRA member. Floor traders on recognized stock exchanges are registered through the exchanges. They are not regulated by FINRA. DMMs (Designated Market Makers) on recognized stock exchanges are registered through the exchanges.
Under MSRB rules, which of the following statements are TRUE regarding discretionary accounts?
I Securities may not be purchased on margin in such accounts
II Once discretion is approved, the customer is prohibited from entering his or her own orders
III A municipal sales principal may approve discretionary accounts
IV Discretionary authority ends upon the customer’s death
The best answer is III & IV.
There is no prohibition on margin transactions in discretionary accounts; nor is there a prohibition on a customer entering an order of his or her own choice in a discretionary account. Approval of such accounts may be made by either a municipal principal or a municipal sales principal. The power of attorney giving discretion to the broker lives until the customer revokes it in writing; or the customer dies.
A corporation wishes to place a large purchase order to buy its own stock for the company’s Employee Stock Option Plan (ESOP). The current inside market for the stock is $20.00 - $20.50. The last trade in the stock occurred at $20.10. What is the highest price at which the company can purchase its own shares?
$20.10
Rule 10b-18 sets the guidelines for corporation that wishes to buy back its stock in the market. The rules gives the company a “safe harbor” from being accused of trying to manipulate up the price of its stock.
Rule 10b-18 purchases, as they are known:
- Must be effected through 1 broker/dealer on any given day;
- Cannot be the opening transaction;
- Cannot be executed within 10 minutes of market close if the security is “actively traded” as designated by Rule 101 of Regulation M, otherwise the purchase cannot be executed within 30 minutes of market close;
- Must be effected at prices no higher than the current highest independent bid for that security or last reported sale price (whichever is higher);
- Cannot exceed 25% of the trading volume in the security that day (except for block purchases handled outside the normal flow of orders).
The last reported trade of $20.10 is higher than the current inside bid of $20.00, so the stock can be purchased at a price no higher than $20.10.
TRUE or False: All OTC securities are marginable
FALSE: All listed securities are marginable. In order for an over-the-counter security to be marginable, it must be approved for margin by the Federal Reserve. Currently, the Fed approves all NASDAQ securities for margin. Other selected OTC issues are also on the OTC “margin list.” All Government and Municipal issues are marginable under the maintenance margin rules of FINRA. The Federal Reserve cannot set margins for the issues because they are exempt from the Securities Exchange Act of 1934. The Act of 1934 only empowers the Fed to set margins for non-exempt securities.
