UNIT 22 QBANK Flashcards

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1
Q

All of the following accounts would allow all parties with access to the account to authorize withdrawals except

A) individual account with a limited power of attorney (LPOA).
B) tenants in common account (TIC).
C) joint tenants with rights of survivorship account (JTWROS).
D) individual account with a full power of attorney (FPOA).

A

A) individual account with a limited power of attorney (LPOA).

Explanation
Individual accounts with limited POA allow a designated person to place trades but not make withdrawals. All the other answer choices do allow withdrawals as well as placing trades by all parties with access to the account.

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2
Q

A married couple opens a new account with a broker-dealer as tenants in common. In explaining the details of the account to the couple, the registered representative would not indicate which of the following?

A) Mail may be sent to either party with the permission of the other party.
B) Certificates may be registered in the name of either party.
C) Orders may be given by either party.
D) In the event of death, the decedent’s interest in the account goes to the decedent’s estate.

A

B) Certificates may be registered in the name of either party.

Explanation
With a joint account, certificates must be registered in the names of all parties to the account.

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3
Q

Under whose Social Security number is the custodial account established?

A) The custodian’s
B) The person who established the account for the minor, whether the parent or not
C) The minor’s
D) The parent, whether the parent is custodian or not

A

C) The minor’s

Explanation
Assets in a custodial account are the minor’s property, so the minor’s Social Security number is used.

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4
Q

The income level of a donor

A) may affect contributions into both Coverdell ESA’s and Section 529 plans.
B) will not affect contributions into a Coverdell Education Savings Account (ESA) or a section 529 plan.
C) may affect contributions into a Coverdell ES.
D) will affect contributions into a Section 529 plan.

A

C) may affect contributions into a Coverdell ES.

Explanation
Contributions into a Coverdell Education Savings Account (ESA) are phased out at high income levels for a donor, whereas the income level of a donor has no impact on contributions made into a Section 529 plan.

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5
Q

How an account is registered determines

A) the sole individual allowed to access the account.
B) control of the investments in the account only.
C) ownership of the account only.
D) ownership and control of the investments in the account.

A

D) ownership and control of the investments in the account.

Explanation
Accounts can be registered in the name of one or more persons, as well as legal entities such as corporations or partnerships. Account registration determines the ownership of the account and who will have control of the investments in the account.

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6
Q

A married couple have equal 50% ownership interests in a tenants in common account (TIC). If one party to the account dies, what happens to the shares in the account?

A) The deceased party’s interest is transferred to the remaining party.
B) Half, or 50% of the shares, would belong to the remaining party and the balance would be distributed to the estate of the deceased party.
C) Ownership and distribution of all shares would be determined by probate court.
D) All the shares are distributed to the heirs named in the estate of the deceased party.

A

B) Half, or 50% of the shares, would belong to the remaining party and the balance would be distributed to the estate of the deceased party.

Explanation
In a tenants in common (TIC) account, securities owned by the decedent pass to the decedent’s estate—in this case, 50% of the assets. The other 50% is retained by any remaining living parties to the account.

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7
Q

The primary use for a revocable living trust is to

A) limit the grantor access to items in the estate.
B) avoid tax consequences for the grantor.
C) use as a substitute for a will.
D) prevent the grantor from liquidating their estate prior to death.

A

C) use as a substitute for a will.

Explanation
While the grantor is alive they have full control of the trust it is mainly use in place of a will.

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8
Q

Under the Uniform Transfers to Minors Act (UTMA), a custodian may invest in all of the following except

A) mutual funds in growth shares.
B) blue-chip stocks on margin.
C) non-investment grade (junk) bonds.
D) U.S. Treasury notes with less than one year to maturity.

A

B) blue-chip stocks on margin.

Explanation
A custodian may not purchase securities in an account on margin or pledge them as collateral for a loan.

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9
Q

Which of the following accounts would allow the assets of a single father’s account to go directly to his daughter while avoiding probate but not a let her have access while he is alive?

A) Individual with transfer on death (TOD)
B) Tenants in common (TIC)
C) Joint tenants with rights of survivorship (JTWROS)
D) Individual with power of attorney (POA)

A

D) Individual with power of attorney (POA)

Explanation
Individual with TOD exactly meets his requirements. JTWROS and TIC and individual with POA would all allow the daughter access to the account while he is still alive.

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10
Q

Which of the following is a benefit of 529 plans but not Coverdell Education Saving Accounts?

A) Withdrawals are tax free if used for qualified education expenses
B)
Can be transferred to a sibling if not used by the original beneficiary
C)
Available for use for K–12
D)
No income restrictions
Explanation
Coverdell plans have income restrictions; 529 plans do not.

A
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11
Q

Which of the following statements are true of an irrevocable trust?

I. The grantor may change the terms of the trust
II. The grantor must give up ownership of items placed in the trust
III. The structure of the trust may reduce estate taxes
IV. The grantor may retain ownership of items placed in the trust

A) I and IV
B) I and II
C) II and III
D) II and IV

A

C) II and III

II. The grantor must give up ownership of items placed in the trust
III. The structure of the trust may reduce estate taxes

Explanation
The grantor may be able to avoid some of the tax consequences because he gives up ownership of items in the trust and cannot change the terms of the trust once established.

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12
Q

If the beneficiary of a custodian account dies, the securities in the account pass to

A) the Securities Investor Protection Corporation (SIPC) trustee’s account.
B) the parents.
C) the minor’s estate.
D) the custodian’s estate.

A

C) the minor’s estate.

Explanation
If the beneficiary of a custodial account (minor) dies, the securities in the account must pass to the minor’s estate, not to the parents’ or custodian’s estate.

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13
Q

A customer wants to save some money for his grandson’s college education in an IRA account. Which of the following regarding a Coverdell Education Savings Account (ESA) is true?

A) The maximum contribution permitted is $3,000 annually.
B) The customer may take a deduction for the amount contributed.
C) The customer may make annual contributions until the grandson graduates from college.
D) The funds must be distributed by the time the grandchild attains age 30, unless they are rolled over.

A

D) The funds must be distributed by the time the grandchild attains age 30, unless they are rolled over.

Explanation
The maximum annual contribution to an ESA is $2,000. Contributions are not deductible and must cease when the beneficiary reaches age 18. Any unused balance must be rolled over or distributed by the time the beneficiary attains age 30. Amounts not used for one child may be rolled over tax free to the account of another child of the same family only once during any 12-month period.

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14
Q

Which of the following is among the items of information that must be entered on a new account form?

A) Names and addresses of at least two of the prospective customer’s neighbors as personal references
B) What educational degree(s) the accountholder has earned
C) Names of all persons who will have access to the account
D) Names of other broker-dealer firms already holding accounts for the prospective customer

A

C) Names of all persons who will have access to the account

Explanation
The facts that are required on a new account form are aimed at facilitating the operation of the account, properly identifying the customer, and guarding against money laundering and other illegal activities. Of the choices offered, only the names of those with access to the account would help with these goals, so this item of information is the only one on the list that is required.

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15
Q

An investor has opened an individual brokerage account for use in a small business and has given a business partner a power of attorney (POA) over the account. Which of the following persons may have access to the account for trading purposes?

I. The attorney who administers to the business’s legal needs
II. The investor’s partner who was given the POA
III. The investor who opened the account
IV. A secretary at the business, but only in an emergency

A) II and IV
B) I and IV
C) I and III
D) II and III

A

D) II and III

II. The investor’s partner who was given the POA
III. The investor who opened the account

Explanation
The owner of an individual account and anyone who has power of attorney (POA) over the account are the only persons who may have access. This would exclude the business’s attorney, secretary, or anyone else not having the POA.

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16
Q

Craig and Judy have just married. It is a second marriage for both of them and they both have kids from a prior marriage. Craig would like his portion of their account to go to his kids when he dies and Judy would like her portion to go to her kids when she dies. As new partners in marriage, while they are both alive they would both like to have full access to the account. What type of account(s) should they set up?

A) Each should set up their own individual transfer on death (TOD) account with limited power of attorney (POA)
B) Joint tenants in common (JTIC)
C) Joint tenants with rights of survivorship (JTWROS)
D) A partnership account

A

B) Joint tenants in common (JTIC)

Explanation
The JTIC account does exactly what the clients requested. The JTWOS does not separate their assets at death; instead the whole account would go to the surviving spouse. Individual accounts with limited POA and TOD would not give both full access to the account. The partnership account is for business accounts.

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17
Q

One of your clients wants to set aside some money for her nephew, who just turned 30, but she has some reservations. She does not wish his numerous creditors to have access to the money until after she dies, but she wants him to have easy access to the money at that time. You recommend that she open

A) a TOD registration on an account in her name.
B) a custodial account.
C) a joint tenants with rights of survivorship account.
D) a TIC account.

A

A) a TOD registration on an account in her name.

Explanation
The acronym TOD stands for transfer on death. It is used to facilitate the transfer of assets in an account upon the death of the account holder (your customer, in this case) without the need for probate. While the owner is alive, the account remains her property. The nephew is chronologically too old for a custodial account. She should not have a joint account because of creditor and control issues.

18
Q

A broker-dealer firm opening a corporate account must establish all of the following except

A) the names of those who will have access to or authority over the account.
B) any limitations the corporation has placed on account activities.
C) the legal right of the corporation to open a brokerage account.
D) location of any account records the corporation will keep when received.

A

D) location of any account records the corporation will keep when received.

Explanation
Where the corporation keeps its records is of no concern to the broker-dealer. The broker-dealer will keep its own records on the account, in any event. All the other information noted must be ascertained before the account may be opened.

19
Q

All of the following are true of a revocable living trust except

A) its primary purpose is to avoid estate taxes for the grantor.
B) the grantor can add items to the trust.
C) the grantor can remove items from the trust.
D) the grantor is subject to the tax consequences of the trust while alive.

A

A) its primary purpose is to avoid estate taxes for the grantor.

Explanation
In a revocable living trust the grantor has complete control over the trust while alive, and because of this, the grantor is also subject to any tax implications of the trust.

20
Q

In an irrevocable trust may or must do which of the following?

I. May change the terms of the trust
II. Must give up ownership of items placed in the trust
III. May reduce estate taxes
IV. May retain ownership of items placed in the trust

A) II and IV
B) II and III
C) I and II
D) I and IV

A

II. Must give up ownership of items placed in the trust
III. May reduce estate taxes

Explanation
The grantor may be able to avoid some of the tax consequences because he gives up ownership of items in the trust and cannot change the terms of the trust once established.

21
Q

Which of the following statements are true of an irrevocable trust?

I. The grantor may change the terms of the trust
II. The grantor must give up ownership of items placed in the trust
III. The structure of the trust may reduce estate taxes
IV. The grantor may retain ownership of items placed in the trust

A) II and III
B) I and IV
C) II and IV
D) I and II

A

A) II and III

II. The grantor must give up ownership of items placed in the trust
III. The structure of the trust may reduce estate taxes

Explanation
The grantor may be able to avoid some of the tax consequences because he gives up ownership of items in the trust and cannot change the terms of the trust once established.

22
Q

Which of the following are characteristics of a revocable living trust?

I. It is established before the grantor dies.
II. The grantor can change beneficiaries.
III. The grantor can add or remove items from the trust.
IV. The grantor is subject to tax on income that remains in the trust.

A) I only
B) I, II, III, and IV
C) I and II
D) I, II, and III

A

B) I, II, III, and IV

I. It is established before the grantor dies.
II. The grantor can change beneficiaries.
III. The grantor can add or remove items from the trust.
IV. The grantor is subject to tax on income that remains in the trust.

Explanation
In a revocable living trust the grantor has complete control over the trust while alive and because of this, the grantor is also subject to any tax implications of the trust.

23
Q

The primary use for a revocable living trust is to

A) prevent the grantor from liquidating his estate prior to death.
B) avoid tax consequences for the grantor.
C) limit the grantor access to items in the estate.
D) use as a substitute for a will.

A

D) use as a substitute for a will.

Explanation
While the grantor is alive he has full control of the trust. It is mainly used in place of a will.

24
Q

One of your clients wants to set aside some money for her nephew, who just turned 30, but she has some reservations. She does not wish his numerous creditors to have access to the money until after she dies, but she wants him to have easy access to the money at that time. You recommend that she open

A) a TIC account.
B) a joint tenants with rights of survivorship account.
C) a custodial account.
D) a TOD registration on an account in her name.

A

D) a TOD registration on an account in her name.

Explanation
The acronym TOD stands for transfer on death. It is used to facilitate the transfer of assets in an account upon the death of the account holder (your customer, in this case) without the need for probate. While the owner is alive, the account remains her property. The nephew is chronologically too old for a custodial account. She should not have a joint account because of creditor and control issues.

25
Q

What happens to the contents of a custodial account in the event of the death of the beneficial owner (the minor child)?

I. The account’s contents are returned to the donor(s).
II. The custodian’s fiduciary responsibility ceases.
III. The account passes to the minor’s estate.
IV. The custodian remains fiduciary.

A) I and IV
B) I and II
C) III and IV
D) II and III

A

D) II and III

Explanation
The custodian’s fiduciary responsibility is for the benefit of the minor and ceases upon the minor’s death. The account passes to the minor’s estate for distribution to the minor’s heirs.

26
Q

Which of the following is among the items of information that must be entered on a new account form?

A) Names and addresses of at least two of the prospective customer’s neighbors as personal references
B) Names of other broker-dealer firms already holding accounts for the prospective customer
C) Names of all persons who will have access to the account
D) What educational degree(s) the accountholder has earned

A

C) Names of all persons who will have access to the account

Explanation
The facts that are required on a new account form are aimed at facilitating the operation of the account, properly identifying the customer, and guarding against money laundering and other illegal activities. Of the choices offered, only the names of those with access to the account would help with these goals, so this item of information is the only one on the list that is required.

27
Q

A customer wants to save some money for his grandson’s college education in an IRA account. Which of the following regarding a Coverdell Education Savings Account (ESA) is true?

A) The customer may take a deduction for the amount contributed.
B) The funds must be distributed by the time the grandchild attains age 30, unless they are rolled over.
C) The customer may make annual contributions until the grandson graduates from college.
D) The maximum contribution permitted is $3,000 annually.

A

B) The funds must be distributed by the time the grandchild attains age 30, unless they are rolled over.

Explanation
The maximum annual contribution to an ESA is $2,000. Contributions are not deductible and must cease when the beneficiary reaches age 18. Any unused balance must be rolled over or distributed by the time the beneficiary attains age 30. Amounts not used for one child may be rolled over tax free to the account of another child of the same family only once during any 12-month period.

28
Q

All of the following accounts would allow all parties with access to the account to authorize withdrawals except

A) individual account with a full power of attorney (FPOA).
B) tenants in common account (TIC).
C) joint tenants with rights of survivorship account (JTWROS).
D) individual account with a limited power of attorney (LPOA).

A

D) individual account with a limited power of attorney (LPOA).

Explanation
Individual accounts with limited POA allow a designated person to place trades but not make withdrawals. All the other answer choices do allow withdrawals as well as placing trades by all parties with access to the account.

29
Q

Which of the following is a benefit of 529 plans but not Coverdell Education Saving Accounts?

A) Available for use for K–12
B) Can be transferred to a sibling if not used by the original beneficiary
C) No income restrictions
D) Withdrawals are tax free if used for qualified education expenses

A

C) No income restrictions

Explanation
Coverdell plans have income restrictions; 529 plans do not.

30
Q

Under whose Social Security number is the custodial account established?

A) The person who established the account for the minor, whether the parent or not
B) The custodian’s
C) The parent, whether the parent is custodian or not
D) The minor’s

A

D) The minor’s

Explanation
Assets in a custodial account are the minor’s property, so the minor’s Social Security number is used.

31
Q

An investor has opened an individual brokerage account for use in a small business and has given a business partner a power of attorney (POA) over the account. Which of the following persons may have access to the account for trading purposes?

I. The attorney who administers to the business’s legal needs
II. The investor’s partner who was given the POA
III. The investor who opened the account
IV. A secretary at the business, but only in an emergency

A) I and III
B) II and III
C) II and IV
D) I and IV

A

B) II and III

II. The investor’s partner who was given the POA
III. The investor who opened the account

Explanation
The owner of an individual account and anyone who has power of attorney (POA) over the account are the only persons who may have access. This would exclude the business’s attorney, secretary, or anyone else not having the POA.

32
Q

Which of the following are characteristics of a revocable living trust?

I. It is established before the grantor dies
II. The grantor can change beneficiaries
III. The grantor can add or remove items from the trust
IV. The grantor is subject to tax on income that remains in the trust

A) I, II, III, and IV
B) I and II
C) I, II, and III
D) I only

A

A) I, II, III, and IV

I. It is established before the grantor dies
II. The grantor can change beneficiaries
III. The grantor can add or remove items from the trust
IV. The grantor is subject to tax on income that remains in the trust

Explanation
In a revocable living trust the grantor has complete control over the trust while alive, and because of this, the grantor is also subject to any tax implications of the trust.

33
Q

The benefits of designating a brokerage account as transfer on death (TOD) are that

I. the designation eliminates estate taxes.
II. the designation avoids probate.
III. the account holder no longer has to make investment decisions regarding the account.
IV. the account holder may still make beneficiary changes for the account.

A) II and III
B) II and IV
C) I and III
D) I and IV

A

B) II and IV

II. the designation avoids probate.
IV. the account holder may still make beneficiary changes for the account.

Explanation
The transfer on death (TOD) designation allows the account holder to name a specific beneficiary (or beneficiaries) to receive the account’s assets upon death. Those named persons may be changed whenever the account holder wishes. Although this designation allows the account to bypasses probate, it does not avoid estate taxes. TOD has nothing to do with giving investment discretion.

34
Q

A registered representative is appointed the fiduciary for a trust account. Which of the following is true?

A) It is expected that speculative positions should be taken to enhance the performance of the account for the benefit of the trustee.
B) A RR, as fiduciary, may share in the account’s profits and charge a reasonable fee for services.
C) Investment decisions must be made in accordance with the prudent investor rule.
D) Trading on margin is always permissible as a safe and efficient way to employ leverage for the account.

A

C) Investment decisions must be made in accordance with the prudent investor rule.

Explanation
When acting as a fiduciary, all investment decisions must be made in accordance with the prudent investor rule, which mandates that only wise and safe investment decisions be made. Speculative positions, such as selling short or writing uncovered call options, are almost always prohibited. Margin trading can only occur if it has been specifically designated as being allowed in the trust documents. Fiduciaries may charge a reasonable fee for their services but may not be compensated based on, or share in, profits.

35
Q

John and Tara Bourne have two children—Henry and Avery—for whom they want to set up custodial accounts. Which of the registrations of the accounts are allowed?

A) John Bourne, custodian for Henry and Avery Bourne
B) John and Tara Bourne, custodians for Henry and Avery Bourne
C) John Bourne, custodian for Henry Bourne
D) John and Tara Bourne, custodians for Avery Bourne

A

C) John Bourne, custodian for Henry Bourne

Explanation
Only one adult and one minor are allowed on each account.

36
Q

How an account is registered determines

A) control of the investments in the account only.
B) ownership of the account only.
C) the sole individual allowed to access the account.
D) ownership and control of the investments in the account.

A

D) ownership and control of the investments in the account.

Explanation
Accounts can be registered in the name of one or more persons, as well as legal entities such as corporations or partnerships. Account registration determines the ownership of the account and who will have control of the investments in the account.

37
Q

If the beneficiary of a custodian account dies, the securities in the account pass to

A) the parents.
B) the Securities Investor Protection Corporation (SIPC) trustee’s account.
C) the minor’s estate.
D) the custodian’s estate.

A

C) the minor’s estate.

Explanation
If the beneficiary of a custodial account (minor) dies, the securities in the account must pass to the minor’s estate, not to the parents’ or custodian’s estate.

38
Q

Three brothers open a joint account instructing you that if they die, they want the cash and securities in the account to go to the remaining parties to the account. The account should be opened

A) with rights of survivorship.
B) as a transfer on death (TOD) account.
C) as a tenants in common (TIC) account.
D) as a custodial account.

A

A) with rights of survivorship.

Explanation
Under joint tenants with right of survivorship (JTWROS), each brother’s interest in the account would go to the surviving brother. Although JTWROS accounts may be opened with a TOD designation, that is not the best answer to this question - that is a feature that would be added to the account. From time to time, you will see questions on the exam where it will be a challenge to choose between two good-looking answers. The key is to pick the one that is the most appropriate to the specific question.

39
Q

If a customer wishes to open a cash account in his name only and allow a third party to make trading decisions, but not withdraw cash and securities, he must instruct his broker-dealer to open

A) a cash account with limited power of attorney.
B) a margin account.
C) a cash account with full power of attorney.
D) a cash account.

A

A) a cash account with limited power of attorney.

Explanation
For a person other than the account owner to withdraw assets and make trading decisions, full power of attorney is required. A limited power of attorney allows someone other than the account owner to enter trades, but not to withdraw assets.

40
Q

All of the following are true of a revocable living trust except

A) the grantor is subject to the tax consequences of the trust while alive.
B) the primary purpose of the trust is to avoid estate taxes for the grantor.
C) the grantor can remove items from the trust.
D) the grantor can add items to the trust.

A

B) the primary purpose of the trust is to avoid estate taxes for the grantor.

Explanation
In a revocable living trust the grantor has complete control over the trust while alive and because of this, the grantor is also subject to any tax implications of the trust.