Series 7 chapter 2 Flashcards
Tenants in common (TIC)
deceased tenant’s fractional interest in account must be retained by tenant estate and not passed to surviving tenant
Each party specifies interest in account
May be used by more than two individuals
JTWROS
Deceased tenant’’s interest in the account passes to surviving tenant
All parties undivided interest in account
In a JTWROS account, each party has an equal, undivided interest in the account. Upon the death of one party in a two-party account, the other party assumes full ownership of the account. Orders may be entered by either party, and mail may be directed to either party. However, disbursements of cash or securities must be in the name of all parties to the account
Basic steps applied at death of customer
Cancel open orders, freeze account, await instructions from executor of estate
Upon being notified of the death of a client, the registered representative assigned to the account should cancel all open orders (GTC and day) and mark the account Deceased. The firm should not permit any trades until proper documents are received from the estate representative. There is no requirement nor is it the responsibility of the firm to contact the decedent’s attorney or beneficiaries.
New Account Form
Customer signature NOT required
Need partner, officer or manager (principal) signature
Must have name, address (not PO Box), SS # or tax #, and date of birth
Qualified plans
Allow pretax contributions
Nonqualified deferred compensation plan
Employee defer receipt current income in favot of payout at retirement
Risk that employee has not right to plan benefits if bzi fails (would become general creditor)
Benefit taxed as OI
Benefits high paid employees near retirement
Not permitted/approrpiate IRA
Collectibles, life insurance contracts, muni bonds, margin account trading, short sales of stock, uncovered call options
ROTH IRA
Same contribution amounts as traditional IRA
earnings accumulate tax deferred
Contribution limit 100% earned income but max
Contributions are nondeductible, can be made , okay contribute 70.5, withdrawals do not need to begin at 70.5
Can withdraw contributions at any time w/o tax or penalty
If initial contributions <5 years, trigger OI taxes plus 10% penalty
Income limit on contribution
<59
Penalties with IRA
Excess contribution 6%
Pre 59.5, OI plus 10% penalty
Post 70.5 insufficient RMD, OI plus 50% on the difference
Determine discreitonary
Activity, Amount and asset
DC plan
Younger benefit, annual contribution predetermineed by employeer
Emplyeer risk
DB plan
Older benefit, annual contribution actual calc
Risk on employer
Specified benefit at retirement
Contribution determined by trust agreement
Roth 401K
AT contribution, tax free withdrfawl provided plan owner at least 59.5
No income limitation
Employer contribution only to traditional 401
Must make RMD at 70.5 unless working
Profit sharing
DC plan
Employers may skip contributions in unprofitable year
Trust sets up
TSA
Public education, tax exempt organziations, religious organizations
qualified plans
No studnets allowers
Distributions 100% taxable and 10% penalty to distribution before 5.5
Rollover
One trustee to another, for IRA
100% funds must be rolled into account within 60 days
One rollover allowed every 365 day period
Transfer
Accounts assets sent directly from one custodion to another and the account owners never takes possession of funds
No limits
Recharacerization
Traditional IRA to ROTH
used to exceeding earnings limitations on contribution to a ROTH
Decrease in value of account since conversion
RR opening up trading account at another broker
Rep must obtain permission of employing BD prior to opening account
Rep must inform BD where account is being opend
Permission not required of BD if purchasing securities directly from investment company
Transfer time
Within 1 business day following receipt of the transfer initiation form (TIF), the carrying firm must validate the positions in the account and within 3 business days following validation, the carrying firm must complete the transfer of the account.
Full/Partial power of attorney
For a person other than the account owner to be able to withdraw assets, a full power of attorney is required. A limited power of attorney allows someone other than the account owner to trade in the account, but not to withdraw assets.
FINRA Rule 2273
FINRA Rule 2273 is applicable for 3 months after the hire. Educational material that discloses costs and incentives must be sent within 3 business days when the contact is oral in nature. If the former customer contacts the new firm to transfer assets within the 3 months of hire, the firm must deliver the educational material with account approval documentation.
A customer wishes to open a cash account and give trading authorization to a sibling. The required documentation would include which of the following?
If one party wants to give discretionary privileges to a third party in a cash account, a member firm requires a new account form and a limited power of attorney. A limited power of attorney gives the third party trading authority, but prohibits that party from withdrawing assets from the account.
Deferred compensation plan
Deferred compensation plans are nonqualified plans that allow an employer to select employees to participate in the plan. These plans are more suitable for highly compensated employees that are just a few years from retirement allowing them to defer earnings and taxation until then. Offering this type of plan to young employees is less suitable due to the risk that the business could fail, or the risk that they may leave the firm prior to retiring and thus forfeit any benefit. Defined contribution plans are considered more suitable for those further from retirement.