Unit 2 Flashcards
Opens Accounts After Obtaining and Evaluating Customers' Financial Profile and Investment Objectives, Retirement Plans
Cash Account
Most basic investment account. Anyone who is eligible to open investment account can open cash account. Customer pays in full for securities purchased. MUST BE CASH ACCOUNTS: Retirement, Corporate Retirement, Custodial (UtestTMA).
Transfer on Death (TOD)
Allows the registered owner of the account to pass all OR a portion of it, upon death, TO A NAMED BENEFICIARY. Avoids Probate, does NOT avoid estate tax.
Inheritance (Cost basis)
Person dies and leaves securities to heir. Cost basis for the recipient is the FMV on date of owner’s death.
Example: $5,000 stock purchased was worth $10,000 at death - if stock sold after transfer there would be no tax due on sale.
Margin Account
Firm can lend funds at time of purchase with securities in the portfolio serving as collateral. Margin Transactions are not available for use within: Mutual Funds, Retirement Accounts or in Custodial Accounts for Minors.
Prime Brokerage Account
Generally used by institutions. Selects one member firm to provide custody and other services, while other firms (executing brokers) handle trades. Prime broker facilitates the clearance and settlement of securities.
Key Advantage of Prime Broker
Provides client with ability to trade with multiple brokerage houses while maintaining a centralized master account with all cash and securities.
Likely to be offered to hedge funds who have many accounts/investments.
Fee-based account
Firm charges a single fee (either fixed or as % of assets) instead of commission charges. Appropriate for investors engaging in at least moderate level trading.
Advisory Account
When Registered Investment Adviser (RIA) provides investment advice to client for a fee.
Different than investment account where fees are paid when transactions occur. Adviser paid for advice regarding securities.
Transfer and Ship
Securities are registered in customers name and shipped to them
Transfer and hold in safekeeping
Securities are registered in customers name, and broker holds them in safekeeping
Hold in street name
Securities are registered in BD name and held by BD. Customer is the beneficial owner.
Delivery vs. Payment (DVP)
Securities are delivered to a bank or depository against payment. Used for institutional accounts and is a COD settlement. BD verifies arrangement between customer and bank/depository. Customer must notify bank.
Joint Account
Includes two or more adults named as co-owners with each allowed some control over the account. For new accounts - joint agreement must be signed.
Joint Account Agreement
Allow any or all tenants to transact business in the account. Checks must be made payable AND ENDORSED to and by all names on account.
Joint Tenants With Rights of Survivorship
The deceased tenant’s interests is passed onto survivor.
Tenants in Comon
ownership represents a fractional interest in account . If party dies, their % share is passed onto their estate, not surviving tenant.
Community Property
Martial property recognized by SOME states. Most property acquired during marriage is considered to be jointly owned.
Exceptions: Inheritances, gifts, property owned by spouse prior to marriage (unless otherwise designated)
May result in lower federal cap gains taxes after death of spouse.
Sole propiertorship
Simplest form of business organization. Treated like individual account. Income/loss is assumed by individual. Risky b/c all owner’s assets are liable for debts of business. Easy to create easy to dissolve.
Partnership Accounts
unincorporated association of 2 or more individuals. Frequently open cash, margin, retirement, and other accounts for business. Must complete PARTNERSHIP AGREEMENT. Agreement must disclose if limitations for margin.
Corporate Accounts
Must include:
Legal right to open investment account
indications of any limitations on owners, stockholders
Who represents business in transaction for account
When opening - firm must get corporate charter and corp resolution.
Dvidend exclusion rule
Dividends paid from one corp to another are 50% exempt from taxation. Includes stock dividends of other domestic corps. Encourages investment amongst corps.
Fiduciary
Anyone appointed legally and authorized to represent another person on their behalf as well as make investment decisions Examples: >Trustee >Executor of estate >Admin appointed by court >Guardian of minor >Custodian of UGMA >Receiver in bankruptcy >Conservator for incompetent person
Opening a Fiduciary Account
Do documentation of custodial rights required for individual acting as custodian for UTMA. Must be ware of the following:
>Proper authorization must be given - court docs must be filed with BD
>Speculative transactions usually not permitted
>Margin only permitted if SPECIFICALLY ALLOWED
>Prudent investor rule applies
>Fiduciary must not share profits
Death of account holder JTWROS
account cannot be transferred to name of new owner until death certificate is presented. Other documents not needed.
Death of account holder TIC
Interest of decedents goes into their estate. Member firm must freeze the account and any orders until required docs are presented.
New Account - Required Info to be kept on record
SEC requires the following: >Name >Tax ID >Address >DOB >Telephone # >Drivers license or other gov't ID >Employment status and occupation >Whether they are employed by BD >Annual Income >Net Worth >Investment Objectives
IS a signature required on new account form?
No - only signature is required to open an account is a partner, officer, or manager.
Customer information - regarding trades
Only unsolicited trades are permitted without BD obtaining personal information - Otherwise it is prohibited.
Trusted Contact Person (Rule 4512)
If person opening account is over 65, FINRA requires members to make reasonable efforts to obtain (for noninstitutional) the name and contact info of a trusted person over the age of 18.
Firm may put a temporary hold on funds to protect the investor.
Updating Client information
Completed form must be sent to customer within 30 days. And must be updated no less than every 3 years.
Regulation S-P
Privacy Notices. Firm must provide privacy notice when account is opened and annually thereafter (SSN, Balances, etc). Includes safeguarding of computers and files.
CIP Required Info
> Identity of new customer
Government ID
Proof of existence of entity (articles of incorp)
Maintain records of information
Determine if on OFAC list
Used to thwart Money Laundering and Terrorism
Opening accounts for other Brokers’ Employees
Includes BD and immediate family of individual
Before opening account or placing order, associated person must NOTIFY employer and executing member of their association with other member. MEMBER FIRM MUST GRANT PERMISSION prior to execution.
Exceptions: purchasing directly from investment companies, variable contracts, and 529.