Unit 3 Flashcards

1
Q

Can you tell risk tolerance based on a client’s level of adventurousness in their personal life?

A

Risk tolerance is very difficult to determine. You can’t make assumptions about financial risk tolerance based on activities risk level. You should always interview the client about finances to determine suitability.

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2
Q

What’s the relation between risk and returns?

A

Usually the market rewards risk takers with higher returns

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3
Q

If a bank approves someone for a loan, does that mean that leverage is a suitable investment strategy?

A

You must consider the suitability regardless of what the bank has decided. The bank may have decided based on different goals and criteria.

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4
Q

What does leveraging mean for investments?

A

Using borrowed funds to invest can help magnify returns but it will also magnify any losses, especially if the value of the investment drops below the amount of the loan.

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5
Q

Is leveraging permitted by the MFDA?

A

Only if it’s suitable for the client, but you must thoroughly assess the client. Past of the assessment is ensuring your client can meet the loan obligations even if the investment value drops.

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6
Q

Is there an exemption to making a recommendation without the info from KYC?

A

Not that I know of. You need to find out about your client before making a recommendation. It’s in your client’s best interest.

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7
Q

How important is the clients educational background when assessing his financial needs (KYC)?

A

Not usually relevant. What’s relevant: investment experience, risk profile. Though more info is always better than not enough.

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8
Q

Does the risk profile of the investment matter more for KYC or KYP duties?

A

KYC is about matching the risk of the product to the risk tolerance of the client.

KYP is about knowing the risk level of the product and its objectives , as much as possible about all the products including any new ones.

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9
Q

In a period of low interest rates, would you be inclined to “leverage”?

A

You could make an investment using borrowed funds but , beware, if an investment falls in value, someone using leverage will cover a greater loss then someone who does not.

If you borrow money to invest, you owe interest payments no matter what happens to your investment. If It drops in cake, you still owe interest., so you have suffered more than someone who did not borrow.
The value of the investment may even fall below the value of the loan.

Even where returns on leveraged investments are positive, interest costs may exceed the returns received.

Despite low interest rates or the tax deductibility of interest payments, leverage is not suitable for everyone. You must address whether it is a suitable investment using KYC and KYP criteria.

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10
Q

What do you do when a client requests an unsolicited trade?

A

You must do a suitability assessment on the product. If you view the product as unsuitable, you must tell the client and document the details. You should check with your compliance department on whether or not you can refuse the trade.

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11
Q

What are your 3 basic duties in determining suitability (hint: that’s one of them)

A
  1. KYC (client facts)
  2. KYP (product facts)
  3. Suitability determination (match)
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12
Q

What’s first: KYC or KYP?

A

KYC but both are equally important

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13
Q

How do you prove you met your dealing rep obligations?

A

You must diligently document the KYC KYP and suitability assessments to be able to evidence that your carried out your obligations fairly, honestly, and in good faith with clients. Document everything in writing, on paper or digitally. Document every action that you take as you perform it.

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14
Q

Why is documentation important?

A
  • protects you from disciplinary or regulatory action
  • protects you from allegations the client can bring against you, especially if the client loses money.
  • you’re required to document the reasonable basis for your suitability determination and how you have met your obligation to put the client’s interest first.
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15
Q

Are some products inherently unsuitable? And how do you figure that?

A

No, generally, suitability is very subjective. It’s only determined against a given client’s KYC, the product’s KYP info, and determining what’s best for the client.

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16
Q

How can you change the suitability of a product or strategy?

A

You can’t change the suitability by disclosing the risks. Suitability is determined after your 3 step process (KYC KYP and suitability determination) so if it’s not suitable, you’ve done the best you can. And the only way forward is checking with the compliance department to see if you can refuse a transaction, and explain the risks and have the client fill a form stating they are accepting the risks.

17
Q

What’s your obligation under KYC

A

To collect and consider essential information about your clients.

  • establish client’s identity
  • ensure you collect and consider sufficient information about the client’s:
    Personal circumstances
    Financial circumstances
    Investment needs and objectives
    Investment knowledge
    Risk profile
    Time horizon
18
Q

What are some other laws and regulations requiring you to collect important info?

A

Legislation governing tax reporting
Process of crime (money laundering) and terrorist financing
Privacy

19
Q

How do you do KYC? Is it checking boxes on a form?

A

No you’re supposed to have meaningful conversations with your clients to be able to understand as best as you can their means, needs, limitations, circumstances, finances, investment goals.

20
Q

What’s the risk of not doing kyc at all or enough?

A

You can’t recommend something suitable for them if you don’t know them. Nothing is inherently suitable or unsuitable without suitability criteria, that you can only assess during kyc.

21
Q

What’s the client’s role in KYC?

A

Provide current info & understanding the importance of keeping the KYC info current.

22
Q

When would you have to do more than usual extensive kyc info gathering ?

A

If you’re offering an ongoing and fully customized service
Or
An investment product or strategy that is illiquid or highly risky

23
Q

What do KYC regulators expect you to do?

A
  • meaningful discussion with client
  • discuss client’s duty in keeping kyc info current
  • tailor the info on the nature of the relationship with client
  • help client understand kyc terms
  • document weird/inconsistent answers and inquire further
  • help client determine their investment needs and objectives
  • be fair, honest, respectful, patient, conscientious
24
Q

When does the KYC requirement end?

A

It doesn’t. It’s an ongoing obligation. You are responsible for periodically reviewing and updating kyc info on file

25
Q

Who else can do the KYC for you (delegation)?

A

No one. You can’t delegate it

26
Q

What’s the NCAF?

A

New client application form, it’s the KYC form

It’s what regulators and lawyers look at to ascertain if you knew the client and recommended suitable investments

27
Q

Who completes/signs/reviews/gets a copy of the NCAF/KYC form?

A

You, dealer (designated officer, partner, director, Branch Manager), client

28
Q

How long after the first transaction does the dealer have to approve the NCAF?

A

No more than 1 business day

29
Q

What info do you need to collect for KYC?

A

Identification
Personal circumstances
Financial circumstance
Investment needs and objectives
Investment knowledge
Risk profile
Time horizon

30
Q

What’s PCMLTFA

A

Proceeds of crime (money laundering) and terrorist financing Act

31
Q

What is your role as a “gatekeeper” to the capital market?

A
  • they are required to establish the identity of, and conduct due diligence on, their clients
  • should not, by act or by omission, facilitate conduct that brings the market into disrepute
32
Q

What’s disrepute?

A

The state of being held in low esteem by the public

33
Q

Personal circumstances list

A
  • Age & date of birth
  • Address and contact info
  • Civil status/ family situation (marital)
  • Number of dependents
  • Other persons who are authorized to provide instructions on the account
  • Other persons who have a financial interest in the account
34
Q

How do you do KYC for clients who are not individuals?

A
  • legal name
  • head office address & contact info
  • type of legal entity (corporation, trust, etc)
  • Form & details regarding the organization of the legal entity (i.e. articles of incorporation, trust feed, other constating documents)
  • nature of business
  • persons authorized to provide instructions on the account
  • details of any restrictions on the authority of the person’s authorized
  • other parties who have a financial interest in the account
35
Q

Why is age important?

A

Age of majority
Age restrictions for resp, rrsp
Related to time horizon