Unit 1 - Chapter 3B - Fed & State Regulation Of IA & RIAs Flashcards
What does Rule 204A-1, Investment Adviser Code of Ethics require?
- ) a copy of the IA’s code of ethics adopted and implemented pursuant to the Investment Advisers Act of 1940?
- ) a record of any violation of code of ethics and the action taken
- ) record of written acknowledgments, as require by the code of ethics rule for each person who is currently, or within the past five years was, a supervised person of the IA
- ) each adviser’s code of ethics to require an adviser’s access persons to periodically report their personal securities transactions and holdings to the adviser’s chief compliance officer or other designated persons
What should advisory firms include when crafting their procedures for employees’ personal securities transactions?
- ) prior written approval before access persons can pace a personal securities transaction
- ) maintenance of lists of issues of securities that the firm is analyzing or recommending for client transactions and prohibitions on personal trading in securities of those issuers
- ) maintenance of lists of issuers about which the advisory firm has inside information, and prohibitions of any trading in securities of those issuers
- ) Reminders that investment opportunities must be offered first to clients before the adviser or its employees may act on them
Define access peron
Any of the adviser’s supervised persons who
- ) has access to non public info regarding any clients’ purchase or sale of securities, or non public info reward the portfolio holdings of any reportable fund
- ) involved in making securities recommendations to clients or who has access to such recommendations that are non public
What are the records required under Rule 204A-1?
- ) record of each report made by an access person
- ) record of the names of persons who are currently, or within the past five years were, access person of the IA
- ) record of any decision, and the reason supporting the decision, to approve the acquisition of securities by access persons, for at least 5 years after the end of the fiscal years in which the approval was granted
What does Part 2 of the ADV consists of?
- ) 2A - Firm Brochure
- ) 2A - Appendix 1 of Form ADV: Wrap Fee Program Brochure
- ) Part 2B - Brochure Supplement
When is not required to file the brochure of supplements?
When the IA is registered or is registered with the SEC
What are the 6 required disclosure categories of Form Part 2B?
- ) Cover Page
- ) Educational background and business experience
- ) Disciplinary information
- ) Other business activities
- ) Additional compensation
- ) Supervision
When does a IA have to prepare a Brochure Supplement for Supervised Persons?
- ) when any supervised person who formulates investment advice for a client has direct client contact
- ) when any supervised person has discretionary authority over a client’s assets, even with no direct contact
Wrap Fee Program
A program under which a client is charged a specific fee or fees not based directly on transactions in a client’s account, for investment advisory services (which may include portfolio management or advice concerning the selection of other investment advisers) and for execution of client transactions.
What must the IA provide to the client when supplying wrap fee programs?
ADV Part 2A - Appendix 1
What are the brochure delivery requirements for SEC registered advisers?
A firm brochure must be delivered to each client, and must be provided at the time an advisory agreement is entered into with that client, within 120 days of the IA’s fiscal year a free brochure must be provided. If there are no material changes, no brochure is required to be sent.
What is the brochure delivery requirement for state registered advisors?
The same as federal with the exception that advisers are required to deliver the brochure to the client at least 48 hrs before entering into an advisory contract or at the time of entering into an advisory contract, if the advisory client has the right to terminate the contract without penalty within five business days after entering in the the contract. Any client charged a fee is entitled to a refund of the if they do not receive the brochure within 48 hrs
What are the three categories of clients the IA is not required to deliver brochure supplements?
- ) clients to whom the IA is not required to deliver a firm brochure or a wrap fee program brochure
- ) clients who receive only impersonal investment advice, even if they receive a firm brochure. (I.e. those paying $500 or more per yr for a subscription)
- ) individual clients who are any executive officers, directors, trustees, GPS or ppl serving in a similar capacity of that firm or any employees of that firm who in connection with their regular functions or duties participate in the investment activities of that firm and have been performing such functions or duties for at least 12 months
What are the two exemptions under state and federal law from the delivery requirements of a brochure?
- ) contracts with a registered investment company are exempted
- ) advisers entering into a contract providing solely for impersonal advisory services for less than $500 annually
When must the brochure be updated?
- ) annually
2. ) whenever any information in the brochure becomes materially inaccurate
What conditions must be met for registered federal and state advisors to custody client assets?
- ) have a qualified custodian
- ) give notice to your clients when accounts are opened with the custodian
- ) account statements must be delivered to clients at least quarterly by the custodian or the adviser (if by advisor, an ind public accountant must verify all of the funds and securities by actual examination at least once during the each calendar yr at time chosen by the accountant w/o prior notice
What are exceptions to the custody requirements?
- ) share of mutual funds (open-end) you may use the mutual fund’s transfer agent in lieu of a qualified custodian since the mutual fund transfer agent maintains the securities for the client on the mutual fund’s books
- ) Reg Investment Companies since they must comply with strict requirements of the Investment Company Act of 1940
What does custody mean?
Holding, directly or indirectly, client funds or securities, or having any authority to obtain possession of them, which also includes:
- ) possession of client funds or securities (but not of checks drawn by clients and made payable to third parties) unless you receive them inadvertently and you return them to the sender promptly but in any case within three business days (72 hrs) of receiving them (the SEC never considers the receipt of a third-party check to constitute custody while the Administrator will if the check is not sent on within three business days
- ) any arrangement under which you are authorized or permitted to withdraw client funds or securities maintained with a custodian upon your instruction to the custodian
- ) any capacity that grief you or your supervised person legal ownership of or access to client funds or securities
Qualified Custodian
A bank or savings association that has deposits insured by the FDIC under the Federal Deposit Insurance Act, a registered b/d holding the client assets in customer account
What are the two major benefits to an IA using a qualified custodian?
- ) since the custodian is sending quarterly reports to the client, that admin burden is lifted from the IA
- ) there is no requirement for a surprise annual audit by an ind accountant
What must an IA provide when deducting fees directly from client accounts?
1.) written authorization
2.) notice of fee deduction
3.) notice of safeguards
Note: If these are met, IA will receive a waiver form the financial requirements for the net worth and bonding requirements