Series 7 chapters 1-5 Flashcards
To know your customer, what information should you gether
- Financial situation (tax considerations, income, balance sheet) 2. Personal Characteristics (age, risk tolerance, social values) 3. Financial Objectives and Investment Goals (current income, speculation, retirement fund, college fund, liquidity)
what tax considerations do investors have
- marginal tax bracket (rate individual is taxed) 2. Investment Income 3. Estate and gift taxes 4. Capital gains and capital losses
what is the gift tax that donors can give without tax consequences
- 15k to as many people as you want 30k if married 2. unlimited between spouses
max tax rate for long term gains (short term are taxed at ordinary income)
20%
formula to determine the percent of the portfolio that should be devoted to equity
100-age = equity
risk factors for individuals
Not based solely on financials situation, also based on values and attitudes on investing
suitability
suitability is based on the client’s portfolio when an account is opened and ongoing. it applies to recommended transactions and investment strategy
is suitability determined by gains or losses
no
what is institutional suitability
the extent of the obligations are less than retail and based on - those servicing the account having a reasonable belief that the client is capable of evaluation investment risks, and the inst client affirmatively stating that it is exercising independent judgment
what are FINRA’s three suitability rules
- RRs must have a reasonable basis to believe that 1. reasonable basis (suitable for some investors 2. customer specific obligations 3. quantitative obligations (if it is excessive when client’s profile is taken into consideration)
SEC suggests (not required) the following methods to verify a customers net worth and sophistication. SEC does require a reasonable attempt should be made before recommending investments
- review previously filed IRS tax form 2. review bank and brokerage account statements 3. obtain written verification as to the customers accredited status from BD or IA
what is an investment analysis too
a technological tool that provides simulations and statistical analysis of the likelihood of different investment outcomes
what are firm requirements for investment analysis tood
disclose the criteria, methodology, and tool’s limits. that results may very and past performance doesn’t indicate future gains. how investments are selected etc and FINRA must have access to the tool if it is being provided to retail investors
does FINRA have to have access to the investment analysis tool if it is just for inst investors?
no, only if it is for the retail investors
what must be obtained when opening a customer account
- Name of customer (code can be used if the BD knows identity) 2. residence (cannot open with P.O box unless military) 3. of legal age 4. name or names of reps who may be providing advice 5. principal must approve and sign the account, client does not need to sign
how often must customer information be sent to customers to verify it is accurate
when opening and every 36 months
what additional information does FINRA suggest RRs get from customers
- tax ID and SSN 2. Occupation and Name of employer 3. weather associate with a related firm. you should document refusal to provide information
types of joint account - community property account
can only be established by legally married couples who complete community property document. essentially same as JTWROS but based on laws of state. each owns half of account
Joint tenancy in common JTIC
each tenant owns a specified amount (doesn’t have to be equal) if one dies, their portion is transferred to the estate
a business operated under the name of an individual owner, all investments in the account are titled in the owners name and the account is vulnerable to owners personal creditors
Sole proprietor
Similar to sole proprietor and partnership. Opened in owner(s) and ownership in account is subject to creditors.
Unincorporated associations
Specifies persons authorized to exercise trades, each partner has portion of interest in account included under personal assets
Partnership.
what must be signed to set up a discretionary account
power of attorney . principal must approve account in writing prior to opening
when do orders for discretionary accounts need to be reviewed by principal
Promptly (not prior to each trade) activity needs to be monitored for churning
difference between limited trading authorization and full trading authorization
full can withdraw cash and securities of the account, in addition to buying and selling securities. full authority is reviewed annually, but power of attorney lasts through life or until canceled.
revocable vs irrevocable trusts
- revocable or “inter vivos” or “living trust”, gives person who granted trust ability to revoke or change terms, does not reduce estate taxes but avoids probate if funded prior to donor’s death 2. irrevocable cannot make changes once trust agreement is signed, reduces estate tax a nd avoids probate
purchase and sale (or short and subsequent purchase) done in the same day. Must be in margin account to avoid free riding.
pattern day trade account
How many days must a pattern day trader trade to be defined as such
4 day in over a 5 day period
prior to opening a day trading account, what must be provided to a non-inst customer?
Risk Disclosure Statement, which highlights that day trading can be risky, be wary of large profit claims, requires knowledge of securities markets, and will generate substantial commissions. that it might results in losses beyond initial investments . accounts HAVE to be approved for day trading
if an account accidentally becomes a day trading account, within how many days must it be approved
10 days
provides large clients with the ability to clear all trades through a centralized firm with executions occurring within multiple BDs. offers custody, sec lending, margin financing, clearing, processing, operation support etc
prime brokerage
COD / DVP/ RVP
acronyms used to describe situations in which a client (usually inst) uses a bank to settle trades with one of more BDs. BD must first collect customers bank account details
what does DVP and COD mean? what about RVP
delivery vs payment. Collect on Delivery. RVP - receipt vs payment when selling securities
fee based accounts
Customer is not charged on a transaction basis. Advisory / custodial fee that wraps everything into an annual basis (i.e. wrap accounts). suitable for active traders
set up in 1974 to prevent misuse of defined benefit and defined contribution pension plans
ERISA
under ERISA who must employers offer plans to
21 or older and 1 year of full time service (1,000 a year). it also specifics the percentage of the employer’s contribution to which the employee is entitled to withdrawal the plan and employees are 100% vested in their won contributions. employer and employee contributions are tax-deductible and earnings are tax deferred
how are retirement plans taxed
- pretax contributions have zero cost basis (tax at withdraw) 2. after-tax contributions are part of cost basis (tax free at withdrawal and earnings are tax deferred. retirement plans NEVER generate capital gains or losses
how are distributions from retirement plans taxed
any portion representing pre-tax contributions are taxable as ordinary income. any portion representing after-tax contributions is a return of capital and not taxed. earnings are taxed as ordinary income. subject to required min distributions RDM
What is the age and amount for early withdrawal penalty
before age 59.5 and 10%. exemptions - rollover or trustee to trustee transfer
what are the rules for plan rollovwers
- owner receives proceeds, only once per year and must be completed within 60 days
what are the rules for trustee to trustee transfers
owner does not have access to funds and may be more than once per year
what plan is used by state and local gov employees
457 - generally has zero cost basis (pre-tax dollars) and contributions are subject to a max annual amount
Plans where contributions are discretionary, decided by BOD. Contributions subject to max annual amounts and allocation of contributions to employees is based on predetermined formula.
profit-sharing plan
Company contributes its stock or money to purchase stock as part of the plan. stock is not held directly while employed but distributed when no longer employee
Employee Stock Ownership Plans ESOPs
agreement between an employer and specific employee, generally unfunded and represents and promise to pay at retirement. NOT subject to ERISA and exempt from IRS approval requirements
Non-qualified deferred compensation plans NQDC
education saving plan that is created for the purpose of paying qualified education expenses of a designated beneficiary. max contribution of 2k per year until child is 18. contribution is non-deductible but earnings grow taxed free as long as used for qualified for ANY (k-college) education expense. Must be used by 30th birthday or transferred to a relative
Coverdale Education savings Account CESA
education plan that is operated by a state and designated to meet the costs of both college and k-18. allows for 15k contribution from unlimited donors
529 plan
account registration change
- if married - requires marriage certificate, divorce decree, or court document 2. to add someone, you will need birth date SSN and contact info, usually both parties must sign 3. a registered principal must approve
internal transfers
all parties on the account must approve the transfer, if transferring stock to another person, a stock transfer form must be completed, the process is different than transfers of accounts between brokerage firms