Securities Industry Regulations Flashcards

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1
Q

Selling away

A

When RRs are selling investments that the BD does not offer

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2
Q

Political contributions

G-37

A

SEC- contributions are max is 350, 150 if the associate is not allowed to vote

MSRB is max is $250 per election

One exception de minimize rule.

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3
Q

How long must a customer complaint be kept for?

A

4 years

Finra rules. Complaints need to be reported 30 days of the event

Member firms are required to provide quarterly reports

Report is due on the 15th of the month following the calendar quarter.

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4
Q

Gifts

A

Max is $100 pp per year

Dinner is ok
Sporting event tickets ok but must attend with
Considered as business expense

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5
Q

Business continuity plans

A

Finra rules that all customers are provided with a document that explains how a business interruption will be handled

Must be delivered to every customer in writing at account opening, available on website, mailed to customers if requested, available upon request

Reviewed annually

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6
Q

Disclosure of financial condition

A

Must be disclosed every 6 months semiannually and annually at anytime with the most recent balanced sheet if asked

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7
Q

Customer confirmations

A

Member firms must provide customers with confirmations of each transaction

Must include price, number of shares, date of transaction, time of execution, capacity of the firm, commission, mark up or down, price and yield and the settlement date.

May only be sent to 3rd party with written consent

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8
Q

Regulation S-P-

A

Implement policies that restrict a financial institutions ability to disclose non public personal information.

PRIVACY

BDs, investment companies, investment advisers must provide customers with privacy initial notice and annual notice every year after

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9
Q

Bank secrecy act

AML

A

Authorized the treasury to require firms to keep records and file reports about the source, volume and movement of funds in and out of country thru domestic firms

Ex money orders, cashiers checks, between 3k to 10k for up to 5 years record

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10
Q

Currency transaction report CTR

AML

A

Must be completed by firm to file report

More than $10k cash

Must be filed within 15 days

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11
Q

Anti money laundering

USA patriot act

A

Prevent and prosecute money laundering and financing of terrorism :

Compliance program
Ongoing employee training program
Annual independent audit
Development of internal policies

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12
Q

Money laundering 3 independent simultaneous steps

A

Placement- introducing finds to be laundered

Layering- separating proceeds thru complex financial transaction to hide source

Integration- reintroducing new clean funds back into financial system by providing legitimate explanation

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13
Q

Office of foreign assets control (OFAC)

A

Publishes list of individuals and companies associated with certain targeted countries.

  • terrorists and narcotic traffickers, individuals called Specially designated nationals (SDNs) must block or freeze assets and report incidents within 10 days occurrence
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14
Q

SAR

Suspicious activity report

A

Report known or suspected violations of law observed by financial institutions to the bank secrecy act

Report must be filed with FINCEN - financial crimes enforcement network within 30 calendar days of $5k or more

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15
Q

SIPA - act

Securities investor protection corporation (SIPC)

A

Protect customer accounts in the event BD goes bankrupt. Insurance coverage on customer accounts held in “street name”

Non profit organization

Protect up to $500k only 250k in cash

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16
Q

Disclosure for SIPC

A

Member firms must advice all new customers in writing at the time of opening an account they can obtain more info by contacting SIPC.

Provide website and phone number

Provide at least once per year

17
Q

Institutional communication

A

At least 100 participants

Banks, trust companies, insurance companies

Not required to be filed with FINRA

18
Q

Retail communication

A

Any printed or electronic communication directed to more than 25 retail investors in 30 day period

Sales literature and Ads, emails, text messages, form letters research reports and brochures

Must be approved by principal prior to use and must be kept on file for 3 years. Finra requires to be filed within 10 days of first use , not beforehand

19
Q

Correspondence

A

Written or electronic communication targeted to one individual 25 or fewer retail customers within 30 days

20
Q

Independent prepared reprints

A

Any reprint or excerpt of article written by publisher that is not affiliated of underwriter or issued of a security.

Must be less than 25 or less investors