Tutor Q Bank Flashcards
Rules on 2 Agents Splitting the commission on a client
Doesn’t - have to be in writing
Doesn’t - Need Client Approval
Does - Need to not Increase the overall cost to the client
Does - Need to be by agents who are in the same company
OR
Agents who are in the same Direct/Indirect Common Control (Parent company’s Family)
Common Control
Parent Company Owning 1 or more child companies
Agents splitting commissions need to be within the same common control
Test Tip:
Especially with law questions, always think of which rule they are quizzing you on (That can help narrow down the choices)
Test Tip:
Especially with law questions, always think of which rule they are quizzing you on (That can help narrow down the choices)
Requirements for 3rd party trading Authorization
Must be in writing from the client themself
(Oral is NEVER accepted)
(Email is accepted because that’s a form of writing)
OR
From some type of Court Order
When you See NASAA think
State level Not Federal
Performance Based Fee
!!!Different from participating in the Gains/Losses of Client Account
ie: if you get a client a +10% return then you charge an additional fee of ___% for all the returns above that amount
Only based upon the gains of the account never the losses
State Requirements for a
Performance Based Fee
Client Must have:
$1.1 million in AUM (with you) for that single account
OR
$2.2 million in Net Worth
$ amount of Net Capital Required in most states for a IA with Custody of clients Funds
$35k
(probably wont be directly tested on in the test)
Right of Recission
Undoing something you did for your client
They cant take legal action if they agree
You must pay back all $ with interest to them
If client doesn’t respond to it within 30 days the right is terminated
In What Time Frame Must
Advisors Send Clients Statements
Quarterly
When Must an IA do a surprise Audit
1/year
and only if they have custody of clients funds
How long do IA need to keep Copies
All Confirmations Sent To Client
For 3 years
(I’m assuming that from time the Confirmation was sent to client)
How long do IA need to keep Copies
All Communications Sent To Client
Forever
until
5 years after the clients account has been closed
How Frequently do
IA Manuels need to be reviewed
Once Per Year
ALL IA MANUELS
What types of
education requirements
do IA’s need to disclose in their manuals
Any Continuing Education Requirements
NOT any prior employment education that was required
(if the employee got the job they already looked into that)
IA - Rules on Showing Off their
Clients Account Performance
in promotional materials
Cannot - State the specific performance of a single account/client
Can - State their overall AVERAGE performance (not client/account specific)
Should be backed up with disclosure that past performance doesn’t guarantee future performance
(Cannot be specific to a client or account - otherwise they could just cherry-pick their best performers)
IA - When ok to
Disclose Clients Accounts Info
Either:
-Court Orderd
or
-Client gives permission IN WRITTING
(but still cant use that in promotional materials)
IA send a buy order to BD that bundles multiple client accounts
During the transaction process the Price of the security fluctuates a couple times
How does the BD Distribute those price changes back to the IA’s Clients
Each Client gets the:
AVERAGE COST BASIS
for the transaction
(basically they average out the changes during trading to all the clients so that its fair)
3 Types of Suitability
1) Reasonable Basis - Basic Info gathered about the client (ie: a Fact Finder or getting to know them)
2) Client Specific - Info unique to the client that may conflict with their reasonable basis (ie: they are really old but love gambling in the market)
3) Quantitative - Extra info you can infer/ make additional conclusions on based on their Reasonable Basis (ie: they wont tell you their salary but you know they are a CEO of a huge company, you infer that they have a large salary)
Does the Client have to tell you anything in order for you to work with them
No, you can just use the 3 types of suitability to learn about them as you go
What type of Closed-End Funds can be redeemed not just traded in the Secondary Market
UIT’s
(still considered a closed-end fund though)
What should you assume about Mutual Funds unless otherwise stated
they are Open-End Class A funds
(unless otherwise stated)
Discounted Cash Flow
What a Cash Flow is actually worth after factoring in compounding Inflation
(less than the cash flow stated if there is inflation)
On questions that have you calculate it, remember to take out inflation from the interest payments and that that inflation is compounding year over year
Do Trusts always pay the taxes before passing income on to beneficiaries?
No they CAN pay the taxes but dont HAVE to pay the taxes
they might also just pay a portion of the taxes
What is the Limit of # of Grantors, Beneficiaries, and trustees you can have on a trust?
NO Limit
(you can have unlimited amount of any of those on a trust)
Can a Day trading account be short Securities?
Yes
$250/$100 Political Contributions limits are rules for who?
Industry Professionals
(NOT everyday people)
the political Contributions limits ($250/$100) are for what period of time
Per election campaign
(they donate to the election campaign not the Individual)
RIETS 90% Taxable income Rule is for passing income on to beneficiaries. Is that Income being passed on PRETAX or POSTTAX
PRETAX
the beneficiary now has a tax liability for that dividend income
Ending Retained Earnings Formula
Ending RE = Beginning RE + (Net Income - Dividends (Also Known as The Current Years Retained Earnings))
Think of Retained Earnings like a Bucket of money and each year you might add more or less to it. Beginning Retained Earnings is whatever is left in the bucket at the start of the year from previous years
Easier Formula:
Ending RE = Whats left in the bucket from past years + this years RE that’s added to the bucket
Beginning Retained Earnings
Last Years
Ending Retained Earnings
Think of Retained Earnings like a Bucket of money and each year you might add more or less to it. Beginning Retained Earnings is whatever is left in the bucket at the start of the year from previous years
On the test what is
Net Income
Either
Net Revenue
or
Net Earnings
(they flip-flop on the test just remember to use context to decide which it is for the test. In real life its always Net Revenue)
Net Profit Margin
Net Profit / Gross Revenue (Sales)
Net Profit on the test is Net Revenue
(usually sometimes its net Earnings)
Circulars
Flyers you hand out
for IA - any advertising materials given to MORE than 25 people may need to be filed with the state admin
(If Federal advisor its the same rule but filed federally)
Form Letters
Any advertising that’s based off of a template
for IA - any advertising materials given to MORE than 25 people may need to be filed with the state admin
(If Federal advisor its the same rule but filed federally)
Radio/Tv Broadcasting in 2 different states
Which state/states has Jurisdiction?
Jurisdiction is not about which state the IA/BD is in but where it’s being broadcast to
(where the broadcast originated - where was the radio tower that sent out the signal)
ie:
advisor lives in state A
But broadcast radio ads to State B exclusively
State B has jurisdiction of the advertisement
Newspaper/ Periodical in 2 different states
Which state/states has Jurisdiction?
Jurisdiction is not about which state the IA/BD is in but where it’s being broadcast to
(where the Newspaper/ Periodical was)
if 2/3rds of the paper’s circulation is outside of the IA/BD’s resident state, their resident state admin DOES NOT have Jurisdiction
Net Assets
Means
Net Worth (or equity)
UTMA’s —> Can you:
-Buy on Margin
-Leverage
-Buy Leveraged ETF’s
-Buy Options/ risky securities
-Buy on Margin - NO
-Leverage - NO
-Buy Leveraged ETF’s - YES
-Buy Options/ risky securities - YES
the account can be invested however you want. It doesn’t matter if its risky or not (if that’s what the client wants)
BUT a minor cannot enter into contracts so taking out a loan (margin and Leveraging) is NOT allowed in UTMA
EBITDA
another word for Net Revenue
stands for
Earnings
Before
Interest
Taxes
Deductions
Amortization
The Full Income Statement Formula
Revenue - operating expense = Net Revenue (EBITDA)
-Taxes +-Interest +-Deductions +-Amortization = Net Earnings
- Dividend = Retained Earnings (for that time period only(refer to Ending/Beginning Retained Earnings))
10K
Companies Official Report
Filed Annually
10Q
Companies Official Report
Filed Quarterly
(except for 4th quarter becasue they file a 10k then)
8K
Report to SEC for anything “Newsworthy”
must be done within 4 days of the event
(anything newsworthy that may affect the actual health of the company/ its securities)
What type of management fee do hedge funds usually have
Performance based Fee
(because they are all about aggressive performance)
Are Hedge Funds usually:
-Registered / Unregistered
-Privately / Publically organized
UnRegistered
and
Privately Organized
On questions that ask if either A,B,C class shares should be used in a specific client situation what do you need to remember?
You have to actually calculate (or get a quantifiable estimate on) what the total fee wil be to the client
You CANT just look at time frame they plan to hold the shares
Also B class shares CDSC will start out equal or greater than A shares SC
Are Affiliated Persons and Control Persons the same thing?
NO!!!!!! (all controlled persons are affiliates, but not all affiliates are controlled persons)
Affiliated - Director, Officer, employee, or 5% ownership of company
Control - Director, Officer, or 10% ownership of company
(if the question asks under the:
-Investment Advisers Act of 1940
or
-Investment Company Act of 1940
its changed to 25%)
Face Amount Certificate Company
Like a Zero Coupon Bond
Still considered an investment company and under Investment Company act of 1940
When swapping from one fund to another in the same company family is there a taxable event
Yes
(you would pay taxes on any gains from the previous security)
(unless there in a qualified account like 401k/IRA. on the test assume they are not though)
Fund has “Net Redemptions” means
More shares are being redeemed by fund than being bought
(has no impact on NAV)
Fund has “Net Purchases” means
More shares are being purchased by fund than redeemed
(has no impact on NAV)
When Auditors come in to audit books investors want to see
Qualified
or
UnQualified
Opinions
unqualified opinion
(qualified means they are uncertain about something in the financials)
If something is More Competitive that means
More people would buy them
(means the price is low)
Balance Sheet Net Worth would contain which of the following:
-Net Revenue
-Net Earnings
-Retained Earnings
Retained Earnings
(that’s what the shareholders value comes from because its after all expenses and dividends its what they company has left over)
What is:
Paid in Capital
in an IPO
Its the Extra money the company gets above what the stock is worth
ie:
Price of stock:
$10
Par Value (what the stock is worth):
$1
Paid in Capital:
=$9
(its extra value in the sale the company gets)
Net Inventories goes up
means what is happening to sales
Sales are decreasing
(a general rule not exact or set in stone)
EDGAR
the online system where investors can go and access the financials of any listed company
Stagflation
High Inflation
+
High Unemployment
+
Low Demand in the Economy
a Tricky situation to create policies that will fix things for.
Usually fixing the low demand(growth) in the ecomony would cause even higher inflation and vis-versa