Series 66 Chapter 1 Flashcards
Who enforces federal securities laws?
SEC, FINRA, Exchanges
Securities Investor Protection Act of 1970
Established SIPC (provides protection for customers of bankrupt securities firms)
Nation Securities Markets Improvement Act of 1996 (NSMIA)
When federal and state law are the same, Federal Law has primary jurisdiction.
Any rule that includes a calendar year
Federal law
Person
individual, joint account, partnership, corporation, gov, association, NOT minor
NASAA
North American Securities Administrator Association
Exempt Security
Does not need to be registered on the state level to be issued publicly
Issuer transaction (Primary Market Transaction)
trade where issuer receives money from sale of securitites
Non-Issuer Transaction (Secondary Market Transaction)
a trade where proceeds of sale are received by an investor instead of an issuer
In-the-State
a person will be considered in the state if any offer or sale occurs in the state
Issuer transaction - exempt or not?
non-exempt
Non-Issuer Transaction - exempt or not?
exempt
Deny- Suspend- Revoke- Cancel-
Deny- person or security wishing to register did no satisfy state law req. Suspend - reg. person violates state law and is suspended for lim. period of time Revoke- reg. person violates state law and is indefinitely banned from registration in that state Cancel - reg. person has died, deemed mentally incompetant, missing, or allowed reg. to expire. No violation has been committed.
Broker-Dealer Exemption
must register in states where its locations are, but not other states (if a BD does not have a place of business in that state)
Broker-Dealer Exception
does not have to register in any states as a BD. An issuer, an agent (if a BD still records trades) Banks, savings institutions, credit unions, insurance companies, and trusts
Clients who may be charged performance based fees
Registered Investment Companies (mutual funds, etc), Qualified Clients -individual with 2 mm net worth -Individual with 1 mm under management -Qualifed purchaser of 3(c)(7) funds -employee of investment adviser for at least 12 months and has participated in investment activities Non US Residents 3(c)(7) funds
3(c)(7) funds
typically hedge funds made up of qualified investors only -individuals must have 5mm in investments
Non IA Exceptions (do not register in any state)
Broker-Dealer Financial Institutions Professionals giving advice that is part of job description Newspapers and magazines