SIE 16-20 Flashcards
In the SEC Act of 1934 which prohibits manipulative and deceptive practices, which rule includes specific anti-Manipulation provisions
Rule 10b-5
What prohibited trading practices spreads false of misleading information to influence the price of the stock
Market rumors
What prohibited trading practices is when RRs execute trades for a proprietary (self) accounts ahead of a customer’s block order i.e. stock or trading derivatives prior to executing a large movement
Front-running
What prohibited trading practices affecting trades near open or close in an attempt to influence the stock’s open or close up or down
Marking the close / open
What prohibited trading practices is when a RR does exercise trading for the purpose of generating additional fees and commissions
churning
What prohibited trading practices refers to inserting another BD between a customer and the best market. Prohibited if detrimental to customer but acceptable if adventurous
Interpositioning
What prohibited trading practices involves trading ahead of customer orders for own account that would have satisfied the customers order. exception if there are information barriers and executed by a different department at same firm
Trading ahead of customer orders
Rule that prevents manipulation by persons with an interest in the outcome of an offering and prohibits activities that could influence an offered security’s market
Regulation M
What rules are covered in regulation M
- Limits bids and purchases by distribution participants (underwriters and selling group members) 2. Prevents related parties from buying stock in secondary market during time around the new issue (restricted period) 3. Allows for passive market making and permits distribution participants to execute unsolicited trades to maintain marketability. 4. permits stabilization of new issue to protect its price from falling substantially
A market maker that publishes a quote is obligated to buy to sell at its stated bid or offer and up to the size quoted
Backing away
What regulations regulated payment from customers to broker dealer
Regulation T
Who regulates regulation T
The fed reserve board
When payment must be obtained for purchases that are made either in cash or margin accounts
Two business dates of settlement (S+2) total of 4 days
Violation when an investor buys a stock then sells that stock to pay for purchase
Free riding
Actions prohibited under anti-intimidation / coordination interpretation
coordinating price quotes, threating, harassing, or intimidating other market makers, retaliating or discouraging the competitive activities of another market maker
Best execution trading rules
a BD must use reasonable diligence to obtain best execution for their customers.
MSRB time of trade disclosures
Dealers are required to provide customers with all material information that is know or reasonably available at or prior to time of trade
Insider trading penalties
Civil - the sec may demand triple amount the damages and release of any profit and criminals - justice department an individual may be subject to a max fine of 5 million and or up to 20 years in permission
Bounties for insider trading
Eligible whistleblowers are entitled to an award of 10-30% of monetary sanctions collected
The new issue rule
FINRA prohibits member firms (any BD), immediate family of member firms that share a household, purchase is made through family members RR, or use 25% of the income of the restricted person, from selling equity IPOs to any account in which restricted persons have a beneficial interest
preconditions for IPO sales
Verification that the account is eligible to purchase the IPO in written or electronic communication. Re-verification of eligibility every 12 months
General exemptions for new issue rule
An account that includes a restricted person provided their combined ownership does not exceed 10%, issuer-directed sales that allow restricted person to purchase if the associated person’s immediate family is an employee or director of the issuer, PMs purchasing for a MF, a BD purchasing for its own account after making a bona fide public offering (i.e. in a firm commitment)
What exemptions are there for borrowing from and lending to clients
- without notification to firm - if client is immediate family member or if it is a financial institution regularly engaged in the business of providing loans (i.e. the RR wants to borrowing form a bank)
- with notification to firm - the customer and RR are both registered with the same firm, a personal relationship exists, a business relationship exists outside the brokerage firm
Who are the adults who the financial exploitation rules are for
- persons 65 or older and any person 18 or older who are believed to have mental or physical impairment. if firm notices any of these signs such as dementia, the firm needs to place a temporary hold on disbursement of funds and should make a reasonable effort to get a trusted contact person
Compensation rules and forgery
Payments are prohibited to unregistered individuals or firms, which includes referrals. A retired rep may continue to receive commissions on existing accounts if a bona fide contract is created
Roles for electronic storage for BDs books and records
- prior to using electronic storage the BD must notify the SRO 2. If the electronic is other than CDs the BD must give the SRO 90 days noticed. It must include temper evident features to track and changes
If a temporary hold has been placed on an account, it will expire:
15 business days
Individuals who are responsible for managing specific areas of a member firm
Principals
Written supervisory procedures
1 brokers must establishe, maintain, and enforce written supervisory procedures, include responsibilities, date they became a supervisory, periodic review and approval of customer accounts, verifying the character, qualification, and experience of all registered persons on a continuing basis
Keeps information on registered reps, such as U4 and fingerprint card
Central Registration Depository (CRD)
what would subject a RR to a statutory disqualification
- conviction within the last 10 years of any felony or securities related misdemeanor ( need to disclose longer than 10)2. Denial or revocation of registration by SEC or CFTC 3. Expulsion or suspension from membership with any SRO 4. Omitting a material fact on the application or report to an SRO 5. Maintaining a business relationship with a banned person
State registration (blue sky laws) if required the RR is tested on what
The uniform Securities Act - a model law that is created by North American Securities Admin Associate NASAA. Includes Series 63, Series 65, and Series 66
CPE requirements
- Regulatory Element - applies to al RRs due on second anniversary and every 3 years after. Must be completed within 120 days of notice. Military are exempt from the 2 years inactive status limitation and CPEs are on hold 2. Firm Element - on going training as directed by your firm (needs to be evaluated annually)
Arbitration is a means to handle disputes. What disclosures are required with Arbitration
- Right to sue or jury trial is waved 2. Discriminations or harassment are excluded and whistleblower statue 3. Arbitration awards are generally final and binding 5. arbitration panels may consist of either industry or public arbitrators
Form that is filled when registration is terminated and filed within 30 days and a copy is sent to RR
Form U5
requalification (retaking exams) is required if registration is terminated for more than how many years
2
what form is used to report disciplinary actions against representatives and firms and includes arbitration awards
U6
what system allows investors to check the background and disciplinary history of their existing or prospective firm
BrokerCheck
Rule requires firms to provide customers with the following annually - FINRA’s broker check hotline, FINRAs website, and a statement that an investors can sue brokercheck
FINRA Investor Education rule
Process by which customer information or customer complaints is removed from a RR’s central record
Expungement
Annually MSRB member firms must disclose the following to customers
- MSRB’s website address 2. That they are registered with the MSRB and SEC 3. a statement regarding the availability of the investor Boucher