Unit 9 Flashcards
What is the Securities and Exchange Commission (SEC)?
Created under the Securities Exchange Act of 1934, the Securities and Exchange Commission (SEC) is the securities industry’s primary regulatory body. BDs that transact securities business with customers or with other BDs must apply and receive registration from the SEC.
What is the role of Securities and Exchange Commission (SEC)?
regulates all exchanges and trading markets. The SEC also has regulatory authority over licensing of securities representatives, a role it has delegated to FINRA.
Some additional areas that fall under the 1934 SEC act
■ regulation of insider transactions, short sales, and proxies;
■regulation of client accounts;
■a customer protection rule;
■a net capital rule and financial responsibility for broker-dealers;
■and reporting requirements for issuers (e.g., annual reports).
What is considered as misrepresentation as it relates to the BD and SEC act?
Although a BD must register with the SEC, the BD may not claim that this registration in anyway implies that the SEC has passed upon or approved the BD’s financial standing, business, or conduct.
What are the various branches of the US treasury?
Financial Crimes Enforcement Network (FinCEN)
Internal Revenue Service (IRS)
Office of the Comptroller of the Currency
What is a BD subjected to if they do not comply with SEC rules?
■ censure;
■ limits on activities, functions, or operations;
■ suspension of its registration (or one of its associated person’s license to do business);
■ revocation of registration; and/or a fine.
What is the role of Financial Crimes Enforcement Network (FinCEN)?
is to safeguard the financial system from illicit use, to combat money laundering, and to promote national security through the collection, analysis, and dissemination of financial intelligence.
What/Who is the Internal Revenue Service (IRS) ?
is the primary tax enforcement agency of the federal government
What is the role of the Internal Revenue Service (IRS)?
they have significant power to investigate potential tax evasion. As part of licensing, most financial services companies (including BDs) are required to provide the IRS with customer and firm information on demand.
Describe the Office of the Comptroller of the Currency
supervises nearly 1,400 national banks, federal savings associations, and federal branches and agencies of foreign banks operating in the United States
What is the role of Office of the Comptroller of the Currency?
is to ensure that national banks and federal savings associations operate in a safe and sound manner, provide fair access to financial services, treat customers fairly, and comply with applicable laws and regulations. Also serves as a director of the Federal Deposit Insurance Corporation and member of the Financial Stability Oversight Council and the Federal Financial Institutions Examination Council.
What’s the Securities Investor Protection Act of 1970 (SIPA) Purpose?
Covers the protection thresholds for customers in the event of a BD’s bankruptcy
What’s the The USA PATRIOT Act (Partially based on the Bank Secrecy Act of 1970) Purpose?
Covers anti-money laundering (AML) policies and procedures that must be followed by financial firms
The Federal Reserve Board was established by A. the Securities Act of 1933. B. the Uniform Securities Act. C. the Federal Reserve Act of 1913. D. the Trust Indenture Act.
C
What’s the Insider Trading and Securities Fraud Enforcement Act of 1988 Purpose?
Defines penalties for the misuse of material, nonpublic information by both firms and individuals
The FDIC insures customer assets held at A. banks. B. broker-dealers. C. depositary trusts. D. investment advisers
A
In order to register a broker-dealer firm to do business in a state, you would register with A. the SEC. B. the administrator. C. NASAA. D. FINRA.
B
What’s the Securities Exchange Act of 1934 Purpose?
Governs trading markets for existing securities and registration requirements of BDs, BD employees, and exchanges