USA Flashcards

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1
Q

According to the Investment Advisors Act of 1940, which of the following is not an investment advisor?

A

The Investment Advisors Act of 1940 excludes from the definition of investment advisor anyone who advises only on government or agency securities. A lawyer who gives investment advice falls within the definition of investment advisor if he or she offers the advice as part of his or her practice and receives compensation for it.
A person who is paid to give advice on bank stocks falls within the definition of an investment advisor under the Act.
A publisher of a newsletter that gives specific securities recommendations falls within the definition under the Act.

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2
Q
A client is primarily concerned with having enough money to retire in 20 years. In making recommendations to the client, an adviser would consider all the following choices, EXCEPT:
A) The future value of funds invested
B) The present value of funds invested
C) The current cost of living
D) Current interest rates
A

All choices are correct, except choice (D).
Current interest rates would not be a factor when considering a long-term investment objective. However, to determine how much the client must invest to achieve a future goal, choices (a) and (b) are necessary, as is choice (c), the current cost of living, which can be used to estimate an inflation rate. (63067)

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3
Q
An adviser is asked by her client the following question. "If I invest $50,000 today and it grows at an annual rate of 6%, how long will it take for me to reach $100,000?" The adviser replies:
A) 5 years
B) 8 years
C)12 years
D) 14 years
A

C) 12 Years.
A quick way to determine how long it will take for funds to double is to use the Rule of 72. If we divide 72 by the annual growth rate, it will give us the number of years it would take for funds to double. 72 divided by 6 equals 12. It would take 12 years for $50,000 to grow to $100,000 at an annual growth rate of 6%. (74605)

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4
Q
Which TWO types of risks are NOT associated with options and derivatives contracts?
Reinvestment risk
Opportunity risk
Purchasing-power risk
Market risk
A) I and III
B) I and IV
C) II and III
D) II and IV
A

A) Reinvestment risk and purchasing-power risk are not associated with options or derivatives contracts. Reinvestment risk is the possibility that a principal payment received from an investment will need to be reinvested at a lower rate due to a change in interest rates, or the investor might need to assume more risk to receive the same rate of return. Purchasing-power risk, the risk that the value of assets will be eroded by inflation, applies to long-term debt instruments.
Market risk is the day-to-day potential for losses from fluctuations in securities prices. This type of risk cannot be avoided. (62229)

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5
Q

Which of the following statements is NOT TRUE concerning the registration requirements of securities professionals?
A) Broker-dealers with no place of business in a state and a limited number of noninstitutional clients in a state must register
B) Broker-dealers with no place of business in a state who limit their agents to selling exempt securities in a state need not register
C) Investment advisers with no place of business in a state and whose only clients are institutional investors in a state need not register
D) Investment advisers with no place of business in a state and a limited number of noninstitutional clients need not register

A

B) There is no exemption from registration for broker-dealers that have no place of business in a state and who limit their agent’s activities to selling exempt securities. It is the securities that are exempt, not the agents selling those securities. Investment advisers that have no place of business in a state may still do business in that state without registering provided they limit their advice to institutional clients or no more than five noninstitutional clients in that state. There is no de minimis exemption for broker-dealers that have no place of business in a state and a limited number of noninstitutional clients. (62894)

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5
Q

Which of the following statements is FALSE concerning federal income tax?
A) For inherited securities, the cost basis is the market value at the time of death
B) When gifting securities to a charity, the deduction the donor may claim is his original cost basis
C) For gifted securities that have appreciated, the cost basis of the recipient represents the donor’s original purchase price
D) For gifted securities that have depreciated, the cost basis of the recipient represents the market value at the time of the gift

A

B) is False!
The deduction a donor may claim on a gift of stock to a charity is the market value of the stock at the time of the gift.
The donor would benefit if the stock price had risen, since he would avoid paying capital gains tax. In the event that the shares are gifted to a charity, the cost basis is the original purchase price or the current market price, whichever is less. If the stock has increased in value, the gift will take the original purchase price as its basis. If the stock has fallen in value, the gift will take the market value at the time of the gift as its basis. If shares are inherited, the cost basis of the recipient is the market value of the shares on the date of the decedent’s death. (67676

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6
Q

Heather is a registered representative who uses instant messages as a means of communicating with 50 of her high-net-worth clients. This type of communication is considered:
A) A retail communication and is subject to review
B) A retail communication and is subject to approval
C) Correspondence and is subject to review
D) Correspondence and is subject to approval

A

A) Subjet to review because this question makes no mention of the RR promoting a product or service in the instant messages, the communication is subject to review, but not approval.
A retail communication is defined as any written or electronic communication that is distributed or made available to more than 25 retail investors within a 30-calendar-day period.
A retail investor is considered any person who does not meet the definition of an institutional investor.
A retail communication containing an investment or financial recommendation, or promoting a product or service of the member firm, must be preapproved by a principal of the firm. Correspondence is defined as any written or electronic message that is sent by a member firm to 25 or fewer retail investors within a 30-calendar-day period. Correspondence does not require principal preapproval. For correspondence, the method of delivery—whether by e-mail, instant message, or text message—is not relevant. Instead, the important factor is who receives the communication.

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7
Q
Under IRS rules, which of the following items are exempt from the definition of earned income?
Unemployment benefits
Alimony
Child support
Income received from investments in property
Net earnings from self-employment
A) I, II, and III only
B) I, II, III, and IV only
C) II, III, IV, and V only
D) I, II, IV, and V only
A

The IRS defines earned income as compensation received for personal services actually rendered. According to the IRS, all of these items are considered earned income.

Wages, salaries, and tips
Union strike benefits
Long-term disability benefits received prior to minimum retirement age
Net earnings from self-employment
Unemployment, alimony, and child support are not considered earned income. Income received from investments in property are defined as passive income, which is different from earned income, and treated separately by the IRS. (62748)

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8
Q

Which TWO of the following statements are TRUE regarding nonqualified annuities?
A) There is a 10% penalty on any taxable withdrawals before age 59 1/2.
B) There is no 10% penalty on any taxable withdrawals before age 59 1/2.
C) Distributions must begin by age 70 1/2.
D) There is no requirement for distributions to begin by age 70 1/2.

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

A

B) Whether an annuity is qualified or nonqualified, the 10% penalty for withdrawals before 59 1/2 would apply to any taxable amount withdrawn. If it is qualified, all of the money received will be taxable as income and subject to the 10% penalty. If it is nonqualified, only the tax-deferred earnings, which come out first, are taxable and subject to the 10% penalty. Withdrawal of the cost basis (after-tax contributions) is tax-free and penalty-free. On the other hand, the IRS does not require that distributions from a nonqualified annuity be started by age 70 1/2, as it typically does with qualified annuities. (63061)

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9
Q
Which TWO of the following are TRUE if the U.S. balance of trade deficit is decreasing? 
The dollar will strengthen 
The dollar will weaken 
U.S. bond yields will rise 
U.S. bond yields will fall 
A) I and III 
B) I and IV 
C) II and III 
D) II and IV
A

B) When the U.S. is running a balance of trade deficit, it is importing more than it is exporting. This means that, on balance, U.S. dollars will be used to purchase foreign currencies to pay for the net imports. This strengthens foreign currency and weakens the dollar. However, if the balance of trade deficit begins to grow smaller, there is relatively less demand for the foreign currency and the dollar will strengthen. A stronger dollar indicates stronger demand for U.S. financial assets, including bonds. Bond prices will rise and their yields will fall.

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10
Q

Which of the following transactions would NOT be considered exempt under the Securities Act of 1933?
A) A private placement
B) An intrastate offering
C) An unsolicited brokerage transaction
D) An initial public offering of an investment company’s common stock

A

D) An IPO of an investment company’s common stock.
all of the transactions listed are exempt from the Securities Act of 1933. Generally, when investment company shares are offered to the public, they must be registered and sold with a prospectus.

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11
Q

A general partnership is characterized by all of the following, EXCEPT:
A) At least two partners
B) At least one or more limited partners
C) Unlimited liability
D) Partners who are not all members of the same family

A

B) A general partnership does not have any limited partners. There must be at least two partners to form a general partnership and all the partners are personally liable for the partnership’s obligations. Although the partners in a general partnership may be from the same family, this is characteristic of Family Limited Partnerships, not general partnerships.

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12
Q

Under the provisions of the Alternative Minimum Tax (AMT), all of the following are tax preference items, EXCEPT:
A) The greater of the purchase price or the current market price of an incentive stock option
B) Any amount of accelerated depreciation expense deducted above the amount calculated by the straight line method
C) Any depletion allowances over and above the investment’s basis
D) Any excess intangible drilling cost deducted that is greater than a stated percentage of the investment’s income generated by an oil and gas program

A

A) Under the provisions of the Alternative Minimum Tax (AMT), accelerated depreciation, excess depletion, and excess intangible drilling costs are all items that may be added back to an investor’s taxable income. Incentive stock options are a type of company stock option given to employees as part of their compensation. Under the AMT, employees must include, as part of their income, the difference between the fair market value and the purchase price (exercise price) at the time of exercise. Choice (a) is the correct choice, since employees do not choose the greater of the two. Depletion is the using up of a natural resource. Depletion allowance, then, gives the owner the ability to account for the reduction (production) of reserves as a product is produced and sold. For accounting purposes, depreciation indicates the amount of an asset’s value that has been used up. For tax purposes, businesses may deduct the costs of the tangible assets they purchase as business expenses; however, businesses must depreciate these assets in accordance with IRS rules. Accelerated depreciation is a method used to claim greater deductions in the earlier years of an asset’s life.

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13
Q

What is a SEP plan?

A

simplified employee pension plan. As the name implies, a SEP plan is simpler to administer and set up than some other types of pension plans. The employer is not required to make fixed annual contributions to the employee’s account

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14
Q

According to the ABC Test, What is an IA?

A

A) Provide advice or analisys regarding securities
B) Provide this services as a busineses
C) Receive compensation forthis services (Directly or indirectly)

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15
Q

What is the maximun gift tax per person?

A

As a married couple, Doug and Bonnie may jointly give $28,000 ($14,000 per person) to an unlimited number of people without incurring a gift tax
Payments for medical expenses and college tuition are not subject to the gift tax

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16
Q
A client is in the 35% tax bracket. She has three children, ages 8, 12, and 16 and would like to invest in a 529 plan for the two oldest children. The client has $20,000 that she can invest in each account. If she anticipates her children will enter college at age 19, and will need $75,000 each for their college expenses over four years, an adviser would determine the future value of each account by inputting all of the following factors, EXCEPT the:
A) Principal amount invested
B) Rate of inflation
C) Number of compounding periods
D) Expected rate of interest
A

B) The inflation rate is not a factor in the calculation of the future value of an investment.

Future value calculation:

Pn = P0(1 + r)n

Pn = Future Value 
n = Number of compounding periods 
r = Rate of Interest 
P0 = Original Principal
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17
Q
An investor who is looking for a relatively high level of potential growth but is also looking to generate income would most likely invest in: 
A) High-yield corporate debt securities 
B) Convertible bonds 
C) Income stocks 
D) Preferred stock
A

B) Convertible bond prices are influenced by the underlying common stock into which the bonds may be converted. Therefore, if the stock increases in value, so will the bond; however, if the stock declines in value, the bond will still pay interest on a semiannual basis

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18
Q

The NAV per share for both an open-end and closed-end investment company is determined by:
A) Average assets over a period divided by the number of common shares outstanding
B) Total assets of the portfolio minus the liabilities of the portfolio, divided by the number of common shares outstanding
C) Total assets of the portfolio minus the expenses of the portfolio, divided by the number of common shares outstanding
D) Total assets of the portfolio divided by the number of common shares outstanding

A

B) With both open-end (mutual funds) and closed-end funds the NAV is calculated by taking the total value of all assets in the portfolio and then subtracting the liabilities of the portfolio to arrive at the net assets of the portfolio and then dividing by the number of common shares outstanding.

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19
Q

Paul works as a registered representative for Broker-Dealer Y. He also works as a financial planner within Broker-Dealer Y’s control. Paul’s only source of compensation is commissions. According to the Investment Advisers Act:
A) Paul must be registered as an investment adviser
B) Broker-Dealer Y must be registered as an investment adviser
C) Paul does not need to be registered as an investment adviser
D) Neither Paul nor Broker-Dealer Y requires registration as an investment adviser

A

D) According to SEC Release 1092, if a registered representative of a broker-dealer is held out to the public as a financial planner, the exemption from registration as an investment adviser is valid, provided the following conditions are met.

The broker-dealer does not charge a special fee for rendering investment advice.
The broker-dealer does not maintain discretionary authorization over the account.
The agent providing the advice is under the control and supervision of a broker-dealer.

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20
Q

According to NASAA’s Statement of Policy on Unethical Business Practices, which TWO of the following statements are TRUE concerning information to be included in an investment advisory contract?
A) The fee for managing equity securities may not be higher than for fixed-income securities.
B) An assignment of the contract can be made only by the investment adviser with the consent of the client.
C) There is disclosure explaining that no prepaid fees will be returned if the contract is terminated.
D) There is disclosure as to whether the contract grants discretionary power to the adviser.
A) I and II
B) I and III
C) II and III
D) II and IV

A

D) NASAA’s Statement of Policy on Unethical Business Practices provides that the entering into, or renewal of, an investment advisory contract would need to include disclosure of:

All fees and services provided
The term of the contract
A formula for computing the advisory fee
The amount of prepaid fees to be returned in the event of an early termination of the contract
The fact that no assignment of the contract will be made without the consent of the client
Whether the contract grants discretionary power to the adviser
The fee for managing equity securities may be higher than for fixed-income securities
Choice (II) is true since the contract may be assigned with the consent of the client. Choice (III) is not true since some amount of prepaid fees should be returned if the contract is terminated.

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21
Q

Which of the following persons could contribute to a 457 plan?
A) A computer programmer who works for IBM
B) A public school teacher
C) A local government employee
D) All of the above, since these plans are entirely self-funded with no employer contribution

A

C) A Section 457 is a type of retirement plan used by many public sector workers. These plans grow tax-deferred and are generally subject to the same contribution limits as 401(k) and 403(b) plans. Series 65 students may encounter all three types on the examination. All have similar tax features and contribution allowances. The difference is in who may use them. 401(k) plans are used by for-profit employees, 403(b) plans by nonprofit and public school employees, while 457 plans are designed for the benefit of some local government workers.

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22
Q

Under the Investment Company Act of 1940, which of the following situations requires shareholder approval?
A mutual fund enters into a contract with an underwriter.
A mutual fund adviser wants to deviate from its investment policy.
A mutual fund wants to terminate the existing contract with its investment adviser.
A mutual fund wants to use the fund’s assets to pay for the cost of distributing shares.
A) I only
B) II and IV only
C) I, III, and IV only
D) All of the above

A

B) The Investment Company Act of 1940 requires shareholder approval for a company to make changes to its investment policy statement or to have the cost of underwriting or distributing shares paid from the fund’s assets (12b-1 fees). The other two choices involve decisions that are made by the fund’s board of directors. To fire the adviser, the board must approve of the action, while approval by a majority of the board’s disinterested members is required to establish a contract with an underwriter.

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23
Q
The portfolio manager of an open-end investment company has investment discretion for amounts of more than $50 million in equity securities. He is required to file what form with the SEC? 
A) Form 13D
B) Form 13F
C) Form 144
D) None of the above
A

D) If the portfolio manager has investment discretion for more than $100 million of equity securities, he must file Form 13F with the SEC within 45 days of the end of quarter, if that is the value of his holdings as of the end of any month

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24
Q
The annual percentage returns on ABC over the last 9 years have been: 7, -6, -3, 8, 6, 5, 11, 13 and 8. What is the median return?
5.1
8
7
-6 to 13
A

The median is the center point–the point on a data set where there are the same number of points above as below. In this question the median is 7. There are 4 points below (-6%, -3%, 5%, and 6%) and 4 points above (8%, 8%, 11%, and 13%). Choice (d), -6% to 13%, would represent the range.

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25
Q
All of the following are considered qualified plans under ERISA, EXCEPT:
A) Payroll deduction plans
B) Keogh plans
C) Profit-sharing plans
D) Defined benefit plans
A

B) Keogh Plans.
Payroll deduction plans allow employees to purchase life insurance, mutual funds, and variable annuities through after-tax deductions from their paychecks. Employers may match employee contributions if they wish. The sales charges are often lower than the employees would pay if they purchased these products individually. Payroll deduction plans are nonqualified plans.

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26
Q
Which TWO of the following items does the IRS consider earned income? 
A) Royalties 
B) Dividends 
C) Long-term disability benefits received prior to minimum retirement age 
D) Social Security 
A) I and III 
B) I and IV 
C) II and III 
D) II and IV
A

A) I and III
The IRS defines earned income as compensation received for personal services actually rendered. Royalties and long-term disability benefits received prior to the minimum retirement age come under the IRS’s definition. Dividends and Social Security are not considered earned income. They are still taxable, however

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27
Q
Which of the following is generally considered the GREATEST risk when investing in a portfolio of fixed-income securities? 
A) Credit or default risk 
B) Inflation or buying-power risk 
C) Liquidity risk 
D) Market risk
A

B) While fixed-income securities are subject to market, credit, and liquidity risks, the greatest risk in buying and holding fixed-income securities over long periods is that their rate of return will not exceed the rate of inflation. As the rate of inflation rises, it will cause a bond’s real rate of return to be less than its internal rate of return

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28
Q

Gary and Mary were recently divorced. Mary has been ordered by the court to pay alimony to Gary. How are these monthly payments treated for tax purposes?
A) Alimony payments are deductible to Mary.
B) Alimony payments are taxable to Gary.
C) Alimony payments are taxed as earned income.
D) Alimony payments are not taxed as earned income.
I only
I and II only
I, II, and III only
D) I, II, and IV only

A

D) I, II, and IV only
Alimony is deductible for tax purposes by the payer and taxable to the recipient. It is not taxed as earned income, but is taxed as unearned ordinary income.

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29
Q

All of the following are true regarding the balance of payments, EXCEPT:
A) The capital account shows the results for trade transactions completed in the current year
B) The sum of the capital account and the current account must be zero
C) A persistent current account deficit will drain foreign currency reserves
D) The purchase of a Treasury bond by a foreign investor would represent a positive entry in the capital account

A

A) The current account shows the results for the trade transactions completed in the current year. The capital account shows the inflows and outflows of capital in transactions involving property and financial assets. The net of the two accounts must be zero.

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30
Q

According to the Investment Advisers Act of 1940, when is an investment adviser required to provide a balance sheet to its clients?

A

Under the provisions of the Investment Advisers Act of 1940, an investment adviser must provide clients with its balance sheet if it requires the prepayment of a fee in excess of $1,200, six months or more in advance of the service.
At the state level, a balance sheet is provided for collecting/soliciting a prepaid fee of greater than $500, and also for maintaining custody or discretionary control of clients’ assets. However, at the federal level, a balance sheet is provided only if the adviser is collecting/soliciting a prepaid fee of greater than $1,200

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31
Q

A client’s 58-year-old mother passed away after having named him the beneficiary on her IRA. She had not taken any distributions out of the IRA. He may receive the proceeds of the account:
After five years
After the beneficiary reaches 70 1/2
Over the life expectancy of the original owner
Over the life expectancy of the beneficiary

A

If you inherit a traditional IRA or any other tax-deferred retirement plan, a 401(k) or 403(b), from anyone other than your deceased spouse, you may NOT treat the inherited IRA as your own. But, as with the original owner, you will not owe tax on the assets in the IRA until you receive distributions.

If the previous IRA owner dies before distributions have begun, the entire IRA must be distributed under one of the following two rules.

Rule 1. By December 31 of the fifth year following the year of the owner’s death

Rule 2. Over the life of the designated beneficiary or over a period not extending beyond the life expectancy of the beneficiary

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32
Q
Freedmont Airlines stock has a beta of 1.3. Over the past year, Freedmont has returned 12% while the market as a whole has risen only 10%. A technical analyst would say that Freedmont Airlines has an alpha that is:
A) Positive 2%
B) Negative 1%
C) Negative 2%
D) Positive 1%
A

B)
Alpha is the amount either above or below the expected return as indicated by the beta. If a security outperforms the expected return, it is said to have a positive alpha. If it underperforms the expected return, it has a negative alpha. With the market advancing 10%, the expected return for a security with a beta of 1.3 would be 13%. Since Freedmont Airlines only went up 12%, its actual return is 1% below the expected return. (7473

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33
Q

What characteristic generally makes universal life insurance policies more attractive than other forms of life insurance?
A) There are no fees assessed against a universal life insurance policy
B) Universal life insurance dividends may be reinvested to buy more insurance coverage
C) Universal life insurance policies allow policyholders to lock in short-term rates of return
D) Universal life insurance policies offer the ability to adjust coverage amounts as needs arise

A

D)
The biggest benefit of a universal life insurance policy is the flexibility of the death benefit. If policyowners need additional coverage, they may increase the death benefit. Similarly, they may lower the coverage if their insurance needs decrease. (67702)

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34
Q
Which of the following item(s) are listed on the income statement?
I Assets
II Liabilities
III Retained Earnings
IV Operating Expenses
A) III only
B) III and IV only
C) IV only
D) I, II, III, and IV
A

C) Assets, liabilities and retained earnings are balance sheet items and are not represented on the income statement. Retained earnings are the funds that a company earned that it did not pay out in the form of cash dividends.

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35
Q

Under the Uniform Securities Act, the statute of limitations for criminal violations of the Act is:

A

Under USA, The statute of limitations for criminal violations under the Act is five years. 5 yrs.

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36
Q

To measure net inflows against net outflows using a required rate of return is to look at an investment’s:

A Expected return
B Net present value
C Internal rate of return
D Total return

A

The net present value of an investment is a dollar amount, not a percentage rate of return. To find the net present value, advisers net all the expected cash outflows (such as the amount of the initial investment) against all the expected cash inflows (such as the income to be generated by the investment). Next, they discount the net amount by using a required minimum rate of return as a discount rate to determine the net present value of the investment in dollars. If the net present value of the investment is positive, the investment is considered to be worthwhile.

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37
Q

A diversified portfolio of fixed income securities would have which of the following risks?

I. Inflation
II. Interest rate
III. Business
IV. Market

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

A

Explanation: D)
A diversified portfolio of fixed income securities is subject to both inflation and interest rate risk. Inflation risk exists because the rate of inflation could exceed the fixed rate of return on the portfolio, which would result in a loss of purchasing power.

Further, if interest rates in the economy go up, the portfolio could lose value, which is known as interest rate risk. However, since the portfolio is diversified, most business risk (or performance risk) is eliminated. Market risk cannot be avoided by diversification but is more common to stock portfolios rather than bond portfolios.

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38
Q

A 55 year old invested $10,000 in a non-tax qualified annuity several years ago. Due to earnings in the account, the balance is now $25,000. If he or she withdraws $5,000 in cash, what are the tax implications?

A) $5,000 will be taxable as ordinary income
B) $5,000 will be taxable as ordinary income in addition to a $500 IRS penalty
C) $5,00 will be taxable as long-term capital gain
D) None since this amount is below the $10,000 cost basis

A

Explanation: B)
Tax rules state that the partial withdrawal of annuity funds are taxed as interest first and principal last. Although the $5,000 withdrawal is less than the cost basis, the entire $5,000 is taxable as ordinary income and is subject to the IRS 10% premature distribution penalty since he or she is less than age 59 1/2.

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39
Q

Under the Investment Advisors Act of 1940, which of the following investment advisors are exempt from registration?

I. All of Fred’s clients reside in his home state and Fred does not offer advice on any exchange-listed securities.
II. All of Lynn’s clients are investment companies.
III. Carol does not hold herself out to the public as an investment advisor and has 14 clients, all separate individuals.

A) I, II, & III
B) I & II only
C) I & III only
D) II & III only

A

Explanation: C)
There are three exemptions from the registration requirement under the Advisors Act: advisors who render no advice on any exchange-listed security and whose clients are all in one state; advisors who do not hold themselves out as investment advisors and have fewer than 15 clients per year, none of whom are investment companies; and advisors whose only clients are insurance companies.

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40
Q

Under the Investment Company Act of 1940, all are true about affiliated persons EXCEPT:

A) The fund’s investment advisor is considered an affiliated person
B) They can purchase securities directly from the mutual fund’s portfolio
C) They include any person owning 5% or more of the outstanding mutual fund shares
D) The fund’s officers and directors are considered affiliated persons

A

B) Affiliated persons may own investment company shares but they cannot purchase securities directly from the mutual fund’s portfolio.

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41
Q

Violations of the Securities Act of 1933 would include all of the following EXCEPT:

A) Prior to the effective date of the registration statement, accepting a firm buy order from a customer
B) Delivering to a potential purchaser of mutual fund shares a prospectus which is out of date
C) Disclosing in the preliminary prospectus the pricing formula for the investment company shares
D) A statement in the final prospectus which is a material misstatement

A

C) It is not a violation of the Securities Act of 1933 to disclose in the preliminary prospectus the pricing formula for investment company shares.

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42
Q

Differences between the balance of payments the current account and capital account?

A

The current account shows the results for the trade transactions completed in the current year; while The capital account shows the inflows and outflows of capital in transactions involving property and financial assets

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43
Q

An IA must notify the SEC of any material changes in its ADV within:

A

Any material changes in the IA’s ADV would require that an amendment be filed with the SEC within 30 days. Nonmaterial changes in information in the ADV are amended within 90 days of the end of the IA’s fiscal year.
Under USA the IA must notified the administrator promptly!

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44
Q

Which of the following statements are TRUE of both variable life insurance and variable annuities?

The investment risk is borne by the contract owner.
The product must be sold with a prospectus.
Partial surrenders are first treated as a tax-free return of principal.
If the contract owner dies, the beneficiary receives any proceeds tax-free.
A) I and II only
B) III and IV only
C) I, III, and IV only
D) I, II, III, and IV

A

A) I and II only
Although partial surrenders of variable life insurance policies are first treated as a return of principal up to the amount of basis, variable annuities are subject to interest-first taxation. Only life insurance proceeds pass to beneficiaries tax-free. Beneficiaries of variable annuity contracts are taxed on the proceeds in the same manner as the annuitant.

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45
Q

If the dollar is declining against foreign currencies, which TWO of the following results would most likely occur?

An improvement in the U.S. balance of trade
A worsening of the U.S. balance of trade
An increase in imports into the U.S.
Increased exports by the U.S.
A) I and III
B) I and IV
C) II and III
D) II and IV
A

B) I and IV
If the U.S. dollar is in a decline against foreign currencies, U.S. goods will be less expensive to foreigners. This should lead to increased U.S. exports and decreasing imports into the U.S. Since the U.S. has a trade deficit, this would improve the balance of trade.

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46
Q

If an investment adviser sells a security that it owns to an advisory client, which of the following scenarios would violate the Uniform Securities Act?

A) The IA acts as a broker-dealer to the seller of the securities without written disclosure
B) The IA acts as a principal in the transaction with written consent and disclosure
C) The IA acts as a broker-dealer to the buyer of the securities without written consent and disclosure
D) The IA recommends the purchase of a private placement to the customer

A

When an investment adviser sells securities directly to a client (i.e., principal trade), the firm must provide disclosure and obtain the client’s consent before completing the transaction

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47
Q

A corporate bond is purchased at its par value of $1,000 and later sold at a discount. This would be indicative of which of the following risks?

A) Opportunity risk
B) Credit risk
C) Currency risk
D) Interest-rate risk

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

A

D)
The most likely the reason for the bond’s price decline is that interest rates have risen. The risk of interest rates moving against a bond investor is referred to as interest-rate risk. Another possible explanation for the bond losing value is that its credit rating fell (credit risk).

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48
Q

All of the following are associated with state standards for prudent investing by fiduciaries, EXCEPT:

A) The prudent man standard
B) ERISA
C) Legal lists
D) The Uniform Prudent Investor Act

A

B) ERISA
The traditional state law standards for investing by fiduciaries were the prudent man standard and the more restrictive legal list. Today, many states have adopted a version of the Uniform Prudent Investor Act, which allows fiduciaries to take into account the concepts of Modern Portfolio Theory. ERISA is a federal law regulating qualified pension plans.

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49
Q

An investor has purchased a U.S. government bond for $1,000. The bond is now worth $850. Which TWO of the following risks is a concern to this investor?

A) Market risk
B) Credit risk
C) Currency risk
D) Opportunity risk

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

A

B) I and IV
There are certain types of risk that are common to any investment. Market risk and opportunity risk would be among these generic risks. Market risk is the day-to-day price fluctuation of a security trading in the marketplace. Opportunity risk is the risk that a better investment decision could have been made after the completion of a purchase or sale. U.S. government bonds would not be subject to credit risk or currency risk, unless the investor had purchased them with foreign currency.

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50
Q

Characteristic of prefer stocks are?

A

Will follow the pricing of debt instruments and not common stock.
Pays a fixed dividend and is purchased by investors looking for income, not capital appreciation.
Would most closely follow the pricing of long-term debt instruments.

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51
Q

Regarding child support payments?
I Child support is not tax-deductible for the payer.
II Child support is tax-deductible for the payer.
III Child support is taxable for the receiver.
IV Child support is not taxable to the receiver.

I and II only
II and III only
II and IV only
I and IV only

A

I & IV

Child support payments are not tax-deductible for the payer and not taxable for the recipient.

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52
Q

A 52-year-old client invested $100,000 in a nonqualified annuity that is currently worth $200,000. She decides to liquidate the annuity and take a distribution. The distribution will be:

A) Fully taxable as ordinary income and subject to a penalty
B) Fully taxable at long-term capital gains rates
C) Partially taxable at ordinary rates and subject to a penalty
D) Considered a tax-free return of principal and not subject to taxation

A

C) Partially taxable at ordinary rates and subject to a penalty.
Anyone may purchase a nonqualified annuity and make nondeductible contributions (after-tax dollars). Withdrawals from a nonqualified annuity are taxable as ordinary income (not capital gains) in excess of the client’s cost basis (original investment). The initial investment is considered return of principal and not subject to taxes. Since the client is less than age 59 1/2, she is also required to pay a 10% tax penalty.

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53
Q

bond’s current yield?

A

Current yield measures the interest the investor receives from the bond compared to the price the investor paid for the bond and is calculated by dividing the annual interest payments by the purchase price. Current yield does not consider the price appreciation of a bond purchased at a discount or the price depreciation of a bond purchased at a premium.

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54
Q

In accordance with the Investment Advisors Act of 1940, an advisor may only change his or her advisory fee schedule if:

A) With SEC approval
B) He or she files an amended Form ADV within 90 days of the end of the fiscal year
C) He or she can justify the change based upon the current balance sheet
D) He or she files an amendment promptly with the SEC and gives written notification to his or her clients

A

B) A change in the fee structure does not necessitate an interim amendment be filed. Instead, the change in fees must be noted on the amended Part 2A that is filed within 90 days of the fiscal year. Disciplinary action or a change in an already disclosed disciplinary action would require an interim updating amendment be filed promptly.

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55
Q

A client is primarily concerned with having enough money to retire in 20 years. In making recommendations to the client, an adviser would consider all the following choices, EXCEPT:

A) The future value of funds invested
B) The present value of funds invested
C) The current cost of living
D) Current interest rates

A

choice (d). Current interest rates would not be a factor when considering a long-term investment objective. However, to determine how much the client must invest to achieve a future goal, choices (a) and (b) are necessary, as is choice (c), the current cost of living, which can be used to estimate an inflation rate.

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56
Q

In order to form a limited partnership, two or more people must:
A) Agree to operate a business together
B) Elect to be taxed under Subchapter S
C) File a certificate with the appropriate state or local official
D) File a registration statement with the SEC under Regulation A

A

C) File a certificate with the appropriate state or local official.
The only way to create a limited partnership is by filing a certificate (or other document) with a state or local agency. A general partnership, in contrast, is created whenever two or more people agree to form a partnership. The agreement does not even need to be in writing.

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57
Q

A client, age 61, has invested $200,000 in after-tax dollars in a variable annuity. His annuity is currently worth $380,000. The client decides to draw down $50,000 from the contract. How will the distribution be taxed?

A) The distribution will be 25% tax-free and 75% taxable at long-term capital gains rates
B) The distribution will be 25% tax-free and 75% taxable at Pete’s statutory income rate
C) The entire distribution is tax-free since Pete is older than 59 1/2
D) The entire distribution will be taxable at ordinary income rates

A

D) The entire distribution will be taxable at ordinary income rates.
This question discusses a nonqualified annuity. In a nonqualified annuity, the investment is made with after-tax dollars. When a client makes a single (irregular) withdrawal from a contract, the IRS requires that a last in, first out (LIFO) method be used when calculating tax liability. This means earnings (the last in) come out first. In this case, the $50,000 is taken out of the $180,000 of earnings and would be fully taxable as ordinary income. Annuities never generate long-term capital gains.

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58
Q

Anyone subject to an SEC order has how many days to challenge that order with a US Court of appeals?

A

Any person challenging an SEC order has 60 days to file a petition

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59
Q

Under Regulation D of the Securities Act of 1933, accredited investors include:

A

Senior officers are included if they are senior officers of the issuer. Institutional investors, such as insurance companies, are specified in the regulation. A person with annual income of $200,000, or net worth of $1 million, is also considered accredited

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60
Q

When you may use a Testamentary Trust?

A

A testamentary trust may be used when a donor wishes to control trust assets during his lifetime. John’s will, when executed, will direct the executor to fund the trust with assets contained within the estate. This process does not avoid probate or reduce a potential tax liability levied on the donor’s estate

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61
Q

Every investment advisory contract must be in writing and it must include which of the following provisions?

A) A statement that assignment of the contract is prohibited
B) A statement that defines the length of time for which the services are contracted
C) A statement that limits the investment adviser’s liability to $500,000 per client
D) A statement that fully explains the percentage of the capital gains that will be shared with the adviser

A

B) A statement that defines the length of time for which the services are contracted.
An investment adviser’s contract must be in writing and clearly disclose the specific length of time that it is in force. Provided customer consent is obtained, advisory contracts may be assigned to another advisory firm. Advisory contracts may not include a clause which attempts to limit an adviser’s liability. Also, an adviser is prohibited from sharing in a client’s capital gains unless the client is qualified and meets specific financial criteria.

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62
Q

An investment adviser may store its books and records on electronic media if:
A) It discloses the format type to the regulators
B) It also makes separate paper copies and stores them separately
C) It provides immediate access to the books and records
D) It discloses to all clients that electronic media storage is used

A

C) It provides immediate access to the books and records.
Using a form of electronic media storage is acceptable provided the records are readily accessible and copies may be created. Electronic records must also be nonerasable, nonrewritable, and tamper-evident.

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63
Q

A client has invested $20,000 in a variable annuity. After 10 years, the annuity is valued at $45,000. If the client withdrew $20,000 at age 59, he is subject to:
A) A 10% penalty on the amount withdrawn
B) Being taxed on the distribution as a capital gain
C) Being taxed on the distribution as ordinary income
D) Being taxed on the distribution as ordinary income, plus a 10% penalty on the amount withdrawn

A

D) Being taxed on the distribution as ordinary income, plus a 10% penalty on the amount withdrawn.
If an individual purchases a variable annuity, it is not considered a tax-qualified plan. The contribution is not taxed upon withdrawal; however, any earnings withdrawn prior to age 59 1/2 are subject to a 10% penalty and ordinary income tax.

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64
Q
Which TWO of the following are TRUE if the U.S. balance of trade deficit is decreasing?
A) The dollar will strengthen
B) The dollar will weaken
C) U.S. bond yields will rise
D) U.S. bond yields will fall

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

A

B) I and IV
When the U.S. is running a balance of trade deficit, it is importing more than it is exporting. This means that, on balance, U.S. dollars will be used to purchase foreign currencies to pay for the net imports. This strengthens foreign currency and weakens the dollar. However, if the balance of trade deficit begins to grow smaller, there is relatively less demand for the foreign currency and the dollar will strengthen. A stronger dollar indicates stronger demand for U.S. financial assets, including bonds. Bond prices will rise and their yields will fall.

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65
Q

If Jane Brown annuitizes her nonqualified variable annuity, how will the series of payments be taxed?
A) LIFO
B) FIFO
C) Part of each payment is taxable earnings and part is a tax-free cost basis
D) All taxable earnings first, then all cost basis

A

C) Part of each payment is taxable earnings and part is a tax-free cost basis.
A nonqualified annuity has a cost basis consisting of the after-tax dollars invested, as well as earnings that are tax-deferred. If it is annuitized, the cost basis is returned in equal amounts in each payment. The rest of each payment is tax-deferred earnings that become taxable (as income) upon receipt.

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66
Q

A 52-year-old client invested $100,000 in a nonqualified annuity that is currently worth $200,000. She decides to liquidate the annuity and take a distribution. The distribution will be:

A) Fully taxable as ordinary income and subject to a penalty
B) Fully taxable at long-term capital gains rates
C) Partially taxable at ordinary rates and subject to a penalty
D) Considered a tax-free return of principal and not subject to taxation

A

C) Partially taxable at ordinary rates and subject to a penalty.
Anyone may purchase a nonqualified annuity and make nondeductible contributions (after-tax dollars). Withdrawals from a nonqualified annuity are taxable as ordinary income (not capital gains) in excess of the client’s cost basis (original investment). The initial investment is considered return of principal and not subject to taxes. Since the client is less than age 59 1/2, she is also required to pay a 10% tax penalty.

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67
Q

Imports into the United States have been falling dramatically, while exports have been rising. A major cause of this would be:

A) Rising interest rates in the U.S.
B) Falling interest rates in the U.S.
C) The dollar rising in value relative to the currencies of our trading partners
D) The dollar declining relative to our trading partners’ currencies

A

D) The dollar declining relative to our trading partners’ currencies.
Normally, if a country’s currency is declining in value relative to the currencies of its trading partners, imports would fall and exports would rise. When a country’s currency is in decline, its goods would fall in price relative to similar products imported from abroad. Falling interest rates in the U.S., choice (b), may not always have an effect on lowering the value of the dollar.

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68
Q

Under Regulation D of the Securities Act of 1933, accredited investors include:

A) Accountants.
B) Insurance companies.
C) Any senior officer of a publicly traded company.
D) Individuals with a net worth of one million dollars or more.

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

A

B) II and IV only.
No single profession is specified in the definition of an accredited investor. Senior officers are included if they are senior officers of the issuer. Institutional investors, such as insurance companies, are specified in the regulation. A person with annual income of $200,000, or net worth of $1 million, is also considered accredited.

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69
Q

The expected rate of return?

A

The expected rate of return is used to estimate or anticipate the performance of a portfolio by averaging all of the possible returns and the probability that they will occur.

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86
Q

Which of the following are TRUE about mortgage REITs?
They usually distribute 90% of their earnings to shareholders
They may only invest in short-term construction loans
They invest in mortgages and other securities
Their profits are derived from the difference between interest rates they pay on loans and the interest they receive on real estate mortgages
A) I and II only
B) I and IV only
C) II and IV only
D) I, III, and IV only

A

D) I, III, and IV only
While equity real estate investment trusts (REITs) invest directly in properties, mortgage REITs specialize in investing in mortgages and other real-estate related securities. Their profits are derived from the difference between the interest they pay on money they borrow and the interest they receive from their mortgage investments. In order to qualify for favorable tax treatment, all REITs must pay out 90% of their income to shareholders

162
Q

According to NASAA’s Statement of Policy on Dishonest or Unethical Business Practices of Broker-Dealers and Agents, when may a broker-dealer exercise discretion in a customer account?
A) When the customer has been with the firm for more than three years
B) Only after the firm has received the customer’s written consent
C) If the account is new, verbal consent is allowed for the first 10 days provided the customer is in the process of mailing written authority
D) If the customer is traveling or on vacation and cannot be reached, only when a branch manager provides approval

A

B)
Broker-dealers cannot exercise written discretion without the customer’s written consent. Not-held orders are the one exception for broker-dealers. With not-held orders, a brokerage firm may determine the time and price of execution without a client’s written authority. Investment advisers (but not broker-dealers) may accept verbal authority from a client, but only for up to 10 days. (67573)

163
Q
Paul wants to set up a pension plan for his small business but does not want to obligate the company to making set annual contributions, nor does he want a plan that will be complex or expensive to administer. Which plan would be the best choice for Paul's company?
A) A SEP plan
B) A Money Purchase plan
C) A 403(b) plan
D) A Coverdell IRA
A

A) A simplified employee pension plan would be the best choice given this criteria. As the name implies, a SEP plan is simpler to administer and set up than some other types of pension plans. The employer is not required to make fixed annual contributions to the employee’s account. A Money Purchase plan, choice (b), does require an employer to make fixed annual contributions regardless of its cash flow. A 403(b) plan, choice (c), may be established only by certain tax-exempt organizations such as a public school system.

164
Q

An advisory client owns a small business and inquires about whether he should set it up as a partnership or a corporation. Which of the following would be the BEST reason to set up a partnership?
A) The owners have limited liability
B) It is easy to raise capital and attract new investors in a partnership
C) There is free and unrestricted transfer of shares
D) Setting up a partnership is easier than establishing a corporation

A

D) A partnership is easy to establish and operate, while corporations require more reporting and administration. Partnerships generally do not allow for the free transfer of shares and, if a partner manages the business enterprise, he may be liable for the debts of the partnership.

165
Q

Paul works as a registered representative for Broker-Dealer Y. He also works as a financial planner within Broker-Dealer Y’s control. Paul’s only source of compensation is commissions. According to the Investment Advisers Act:
A) Paul must be registered as an investment adviser
B) Broker-Dealer Y must be registered as an investment adviser
C) Paul does not need to be registered as an investment adviser
D) Neither Paul nor Broker-Dealer Y requires registration as an investment adviser

A

D) According to SEC Release 1092, if a registered representative of a broker-dealer is held out to the public as a financial planner, the exemption from registration as an investment adviser is valid, provided the following conditions are met.

The broker-dealer does not charge a special fee for rendering investment advice.
The broker-dealer does not maintain discretionary authorization over the account.
The agent providing the advice is under the control and supervision of a broker-dealer.

166
Q

According to NASAA’s Statement of Policy on Unethical Business Practices, which TWO of the following statements are TRUE concerning information to be included in an investment advisory contract?
The fee for managing equity securities may not be higher than for fixed-income securities.
An assignment of the contract can be made only by the investment adviser with the consent of the client.
There is disclosure explaining that no prepaid fees will be returned if the contract is terminated.
There is disclosure as to whether the contract grants discretionary power to the adviser.
I and II
I and III
II and III
D) II and IV

A

D) NASAA’s Statement of Policy on Unethical Business Practices provides that the entering into, or renewal of, an investment advisory contract would need to include disclosure of:

All fees and services provided
The term of the contract
A formula for computing the advisory fee
The amount of prepaid fees to be returned in the event of an early termination of the contract
The fact that no assignment of the contract will be made without the consent of the client
Whether the contract grants discretionary power to the adviser
The fee for managing equity securities may be higher than for fixed-income securities
Choice (II) is true since the contract may be assigned with the consent of the client. Choice (III) is not true since some amount of prepaid fees should be returned if the contract is terminated.

167
Q

Which of the following statements are TRUE regarding a limited partnership?
There may be only one general partner.
There must be more than one limited partner.
There is undivided interest in equity that does not pay income taxes.
It is a form of ownership that passes its profits and losses through to its participants.
A) III and IV only
B) I, II, and III only
C) I, II, and IV only
D) II, III, and IV only

A

D) Limited partnerships provide a form of ownership in which there is undivided interest in equity that does not pay income taxes and passes its profits and losses through to its participants. There are no rules, however, regulating the number of limited and general partners that a limited partnership must contain.

175
Q

A client, age 61, has invested $200,000 in after-tax dollars in a variable annuity. His annuity is currently worth $380,000. The client decides to draw down $50,000 from the contract. How will the distribution be taxed?
A) The distribution will be 25% tax-free and 75% taxable at long-term capital gains rates
B) The distribution will be 25% tax-free and 75% taxable at Pete’s statutory income rate
C) The entire distribution is tax-free since Pete is older than 59 1/2
D) The entire distribution will be taxable at ordinary income rates

A

D) This question discusses a nonqualified annuity. In a nonqualified annuity, the investment is made with after-tax dollars. When a client makes a single (irregular) withdrawal from a contract, the IRS requires that a last in, first out (LIFO) method be used when calculating tax liability. This means earnings (the last in) come out first. In this case, the $50,000 is taken out of the $180,000 of earnings and would be fully taxable as ordinary income. Annuities never generate long-term capital gains. (62345)

176
Q

Value investors would be interested in companies that?

A

Value investing is a method of identifying securities that are undervalued based on company fundamentals. Value stocks tend to have low stock prices in relationship to their earnings, a higher dividend yield than their industry peers, and, typically, trade at a price closer to or at a discount to the book value than their competitors. Value investors believe that the most undervalued companies should rebound and outperform the market. This, of course, assumes that the company is financially sound

177
Q

According to the Form ADV, a felony, as compared to a misdemeanor, is defined by all the following choices, EXCEPT:
A) An offense punishable by a sentence of at least a one-year imprisonment
B) An offense punishable by a fine of at least $1,000
C) An offense punishable by a fine of at least $500
D) A general court martial

A

C) All the choices are applicable except choice (c). A misdemeanor is defined as an offense punishable by a sentence of less than a one-year imprisonment and/or a fine of less than $1,000, as well as a general court martial, which is a military term

178
Q

Which of the following is a valuation model used to calculate the anticipated return for a portfolio of securities?

A) The internal rate of return
B) The holding period return
C) The real rate of return
D) The expected rate of return

A

D) The expected rate of return is used to estimate or anticipate the performance of a portfolio by averaging all of the possible returns and the probability that they will occur

179
Q

An individual decides that he would like to adopt the Contrarian style of investing in his portfolio. Which of the following beliefs is NOT currently held by the investor?

A)There is a greater opportunity for success by trading against market trends
B) The most appropriate equities for this strategy are well-known companies with high P/E ratios
C) This investment strategy seeks out well-financed, mature companies that are undervalued by the market for the wrong reasons
D) The companies that would be the focus of this investment approach tend to be less vulnerable to price declines in a bear market

A

B) The Contrarian style of investing is one that bets against market trends and does not adhere to the prevailing consensus opinion. This particular investment style usually focuses on companies that are out of the mainstream and that have low P/E ratios

180
Q

Passive asset allocation strategies ?

A

Passive asset allocation strategies such as buy and hold are characterized by low transaction costs and minimal tax consequences. Systematic rebalancing, another passive strategy, alters the portfolio either monthly, quarterly, or annually to restore an original strategic asset allocation if market movements have changed it. Active asset allocation strategies look to change the portfolio allocation in anticipation of economic events

181
Q

A bottom-up approach is also used?

A

When an investment adviser analyzes the market by first evaluating individual companies, it is considered a bottom-up approach. Conversely, when an adviser begins by analyzing the performance of a sector as a whole, it is considered a top-down approach

182
Q

All of the following statements are NOT TRUE, EXCEPT:

A) Variable life, as with universal life, gives the policyholder the flexibility to change the death benefit and the premium payments
B) Universal life, as with variable life, gives the policyholder flexibility in changing how the cash value is invested
C) Variable life, as with whole life, has fixed premiums and a fixed death benefit
D) Variable life, as with whole life, has fixed premiums paid at fixed intervals

A

While universal life allows the policy owner to change the premiums and/or the death benefit, variable life has fixed premiums and a fixed minimum death benefit. The actual death benefit on a variable life policy is not changed by a decision of the policyholder but, instead, as a result of growth in the subaccounts. Universal life has a minimum interest rate and an actual rate that could be higher, but it is determined by the insurance company, not the policyholder. Variable life and whole life are the same in having fixed premiums paid at fixed intervals

183
Q

A client’s 73-year-old spouse passed away after having named him the beneficiary on her IRA. He may receive the proceeds of the account:

As if the proceeds were from the beneficiary’s own account
After the original owner would have reached 70 1/2
Over the life expectancy of the original owner
Over the life expectancy of the beneficiary
A) I only
B) III only
C) I and III only
D) II and IV only

A

C) I and III only
If you inherited the IRA from your deceased spouse, you may choose either the special spousal option, which allows a spouse to treat the IRA as his own or, alternatively, follow the rules for a person who inherits an IRA from someone other than his spouse.

If you elect to be treated as the owner of the IRA account, all the normal rules apply to the IRA just as they would to an account you set up for yourself. This means distributions are subject to the required minimum distribution (RMD) as well as the ten percent penalty for early withdrawals–notwithstanding the normal exclusions for qualified medical and educational expenses and a first-time home purchase up to $10,000.

If you elect alternatively to follow the rules for someone who inherits an IRA from a person other than his spouse then, as with the original owner, you will not owe tax on the assets in the IRA until you receive distributions.

Under this method, if the previous IRA owner was over 70 1/2 and required to take withdrawals under the required minimum distribution (RMD), you must continue withdrawals using the previous distribution method, which is over the life expectancy of the original owner.

184
Q

Time-weighted returns consists in?

A

Time-weighted returns eliminate biases caused by the inflow or outflow of investor money. It is often used to compare the performance of money managers. On the other hand, dollar-weighted returns provide a better idea of how an individual investor has done over time by eliminating the biases caused by superior performance in one year or inferior performance in another

185
Q

According to the Investment Advisers Act of 1940, when is an investment adviser required to provide a balance sheet to its clients?

A) When the adviser requires the prepayment of a fee that is greater than $500, six months or more in advance of providing service
B) When the adviser requires the prepayment of a $500 initial advisory fee
C) When the adviser requires the prepayment of a fee that is greater than $1,200, six months or more in advance of providing service
D) When the adviser has taken custody of the client’s funds or securities

A

C) When the adviser requires the prepayment of a fee that is greater than $1,200, six months or more in advance of providing service
Under the provisions of the Investment Advisers Act of 1940, an investment adviser must provide clients with its balance sheet if it requires the prepayment of a fee in excess of $1,200, six months or more in advance of the service. For questions regarding the requirement to send a balance sheet, it is important to identify whether it is referencing state or federal law. At the state level, a balance sheet is provided for collecting/soliciting a prepaid fee of greater than $500, and also for maintaining custody or discretionary control of clients’ assets. However, at the federal level, a balance sheet is provided only if the adviser is collecting/soliciting a prepaid fee of greater than $1,200.

186
Q

All the following descriptions would meet the definition of agent under the Uniform Securities Act, EXCEPT:
A sales representative of a broker-dealer who sells only securities covered under a federal exemption
An assistant to a sales agent who takes orders when the agent is not available
A subsidiary of a bank, registered as a broker-dealer that sells nonexempt securities to the public
A broker-dealer that sells only exempt securities within the state
A) I and II only
B) I and IV only
C) II and IV only
D) III and IV only

A

D) III and IV only
A subsidiary of a bank, registered as a broker-dealer that sells nonexempt securities to the public
A broker-dealer that sells only exempt securities within the state .
A sales agent of a broker-dealer is by definition an agent. It does not matter whether the securities are covered under a federal exemption or not. If administrative personnel are authorized to take orders, they are agents. By definition, an agent is an individual and not a firm. Choices (III) and (IV) are both firms and not individuals

187
Q

According to the Uniform Securities Act, which of the following persons must register with the state Administrator?
A) A person who represents a non-exempt issuer in sales to the public
B) A person who represents an exempt issuer in sales to the public
C) A person who represents a non-exempt issuer in an investment banking transaction with a broker-dealer
D) A person who represents a non-exempt issuer in sales to existing employees, and is not compensated

A

Persons who represent exempt issuers are not defined as an agent so there is no need for registration. Persons who represent non-exempt issuers in sales to the public are defined as agents and must be registered whether or not they receive compensation. Persons who represent non-exempt issuers in sales to existing employees are only defined as agents (and must be registered) if they receive compensation related to the transaction(s). Choice (c) is an example of an exempt transaction. In this case the person is not defined as an agent so no registration is required.

188
Q

An IA must notify the SEC of any material changes in its ADV within:
A) 48 hours
B) 10 business days
C) 30 days
D) 90 days of the end of the adviser’s fiscal year

A

C) 30 days
Any material changes in the IA’s ADV would require that an amendment be filed with the SEC within 30 days. Nonmaterial changes in information in the ADV are amended within 90 days of the end of the IA’s fiscal year.

189
Q
The portfolio manager of an open-end investment company has investment discretion for amounts of more than $50 million in equity securities. He is required to file what form with the SEC? 
A) Form 13D
B) Form 13F
C) Form 144
D) None of the above
A

D) None of the above.
If the portfolio manager has investment discretion for more than $100 million of equity securities, he must file Form 13F with the SEC within 45 days of the end of quarter, if that is the value of his holdings as of the end of any month.

190
Q

Michael Simone is looking to invest in fixed-income securities but, in addition to the income they will provide, he also wants a fairly high potential for capital appreciation. The investments that you might recommend would include:

A) Common stock of Odyne Advanced Technologies, a small-cap company
B) A non-investment-grade bond with a high coupon whose issuer has a history of a high rate of growth
C) An investment-grade bond whose issuer has a history of a high rate of growth
D) A non-investment-grade convertible bond issued by a mid-cap growth company

A

D) An investment in the common stock of a small-cap company has the greatest amount of capital appreciation potential but, it will not provide any income. Choices (b) and (c) will both provide the income but, neither has a high potential for capital appreciation. Choice (d), the convertible bond, will give the investor both. Since it is convertible at the investor’s discretion into a fixed number of shares of common, it will have the growth potential of the underlying common stock but, because it is a bond, it will provide the income that the investor also wants

191
Q
An increase in which of the following would cause an increase in the expense ratio for an investment company? 
A) Redemptions 
B) Management fees 
C) NAV 
D) Shareholders
A

C) NAV
The expense ratio is the percentage of a fund’s assets that are used to pay its operating costs. A fund’s operating costs include management fees paid to the fund’s adviser, shareholder services, salaries, legal and accounting services, postage, printing, telephone service, and other costs–in short, the day-to-day operating expenses of the fund. These expenses are all deducted from the income that the fund earns. The expense ratio is determined by dividing total expenses by the average net assets in the portfolio.

192
Q

A client, age 61, has invested $200,000 in after-tax dollars in a variable annuity. His annuity is currently worth $380,000. The client decides to draw down $50,000 from the contract. How will the distribution be taxed?
A) The distribution will be 25% tax-free and 75% taxable at long-term capital gains rates
B) The distribution will be 25% tax-free and 75% taxable at Pete’s statutory income rate
C) The entire distribution is tax-free since Pete is older than 59 1/2
D) The entire distribution will be taxable at ordinary income rates

A

D) The entire distribution will be taxable at ordinary income rates.
This question discusses a nonqualified annuity. In a nonqualified annuity, the investment is made with after-tax dollars. When a client makes a single (irregular) withdrawal from a contract, the IRS requires that a last in, first out (LIFO) method be used when calculating tax liability. This means earnings (the last in) come out first. In this case, the $50,000 is taken out of the $180,000 of earnings and would be fully taxable as ordinary income. Annuities never generate long-term capital gains.

193
Q

Jack has a substantial amount of cash value built up in his variable life insurance policy. He would like to use some of it for a home renovation project. Which TWO of the following choices would be used to explain to Jack his options for accessing his cash value?
If he withdraws some of his cash value, it will be treated as taxable earnings first, then a tax-free return of premiums (LIFO).
If he withdraws some of his cash value, it will be treated as a tax-free return of premiums first, then taxable earnings (FIFO).
If he takes a loan against the cash value, it will be taxed as earnings first, then treated as a tax-free return of premiums (LIFO).
If he takes a loan against the cash value, it will be tax-free.
A) I and III
B) II and IV
C) II and III
D) I and IV

A

B) II and IV
Any withdrawal of cash value from a life insurance policy is considered a return of premiums first, which would be tax-free. Withdrawals above the amount of premiums paid will be considered interest and, therefore, taxable as income. Policyholders usually prefer to borrow against their cash value, since this would be tax-free. The loan does not need to be repaid, but any amount still outstanding on the death of the insured will be subtracted from the death benefit

194
Q

A client considering an investment in a real estate investment trust would benefit from all of the following advantages, EXCEPT:
A) Stable dividend income
B) The ability to buy and sell shares easily
C) Diversification
D) Protection against rising interest rates

A

D) Protection against rising interest rates
Real estate investment trusts offer investors a stable dividend based on the income produced by owning a diversified portfolio of properties and/or mortgages. Most REITs trade on an exchange offering investors liquidity. Since investors usually purchase REITs for their high dividend yield, if interest rates increase, the value of their shares will usually decrease as other newly issued income-earning securities become more attractive

195
Q

One of the differences between an open-end and a closed-end investment company is that, with a closed-end fund, the asked price:
A) Can only be above the NAV, whereas the open-end fund can have an asked price above or below NAV
B) Can be at a discount or a premium to NAV, whereas the open-end fund can only have an asked price at or below the bid
C) Can be at a discount or premium to NAV, whereas the open-end fund can only have an asked price at or above the bid
D) Is the price an investor will redeem his shares while with an open-end fund the asked price is the price an investor will pay to purchase the shares

A

C) Can be at a discount or premium to NAV, whereas the open-end fund can only have an asked price at or above the bid

A closed-end investment company’s shares pricing is based on supply and demand for the shares of the fund. Therefore, it can trade at either a discount or a premium to NAV. The shares of an open-end fund (mutual fund) are not traded on the open market and, therefore, the share price is based on NAV. If it is a no-load fund, the asked price will be the same as the bid (NAV) and if it is a loaded fund then the asked price will be above the NAV. It will be the NAV plus any applicable sales charge

197
Q

All of the following statements are NOT TRUE, EXCEPT:
A) Variable life, as with universal life, gives the policyholder the flexibility to change the death benefit and the premium payments
B) Universal life, as with variable life, gives the policyholder flexibility in changing how the cash value is invested
C) Variable life, as with whole life, has fixed premiums and a fixed death benefit
D) Variable life, as with whole life, has fixed premiums paid at fixed intervals

A

D) Variable life, as with whole life, has fixed premiums paid at fixed intervals
While universal life allows the policy owner to change the premiums and/or the death benefit, variable life has fixed premiums and a fixed minimum death benefit. The actual death benefit on a variable life policy is not changed by a decision of the policyholder but, instead, as a result of growth in the subaccounts. Universal life has a minimum interest rate and an actual rate that could be higher, but it is determined by the insurance company, not the policyholder. Variable life and whole life are the same in having fixed premiums paid at fixed intervals.

198
Q

A high price-to-earnings ratio is usually consistent with:
A) Very large blue chip companies
B) Very small companies
C) Companies with very stable earnings
D) Companies with an above-average dividend payout

A

B) Very small companies
High price-to-earnings ratios are often found in small, rapidly growing companies. Low margin businesses, such as supermarkets and discount retailers typically have low P/E ratios. Some capital intensive manufacturing businesses (e.g., autos) that have declining sales and profitability prospects would also be expected to have relatively low P/E ratios.

199
Q

In determining the gross profit margin, an analyst would subtract the:
A) Gross profit from net sales, divided by gross sales
B) Gross profit from sales, divided by sales
C) Net profit from sales, divided by sales
D) Net profit from gross sales, divided by net sales

A

B) Gross profit from sales, divided by sales
The gross profit margin is a measurement of a company’s manufacturing and distribution efficiency during the production process. The higher this ratio, the better from an investor’s point of view, because a company that has a higher gross profit margin than its competitors is more efficient. Investors would normally be willing to pay more for a company that has a higher efficiency rating than its competitors.

200
Q
Eight years ago, Catherine purchased $10,000 of shares in the Big Blue Marble Global Fund. After reinvestment of dividends and capital gains, her investment is currently valued at $20,000. What is Catherine's annual growth rate for her investment? 
A) 8% 
B) 9% 
C) 10% 
D) 12.5%
A

Using the Rule of 72 to approximate the compounded growth rate, 72 divided by the number of years it will take a sum of money to double will yield the growth rate. 72 divided by 8 years equals a 9% annual growth rate.

201
Q

Why would an investor use a dollar cost averaging strategy to purchase bonds?
To ensure that the average cost per bond is less than the average of the prices at which the bonds were purchased
To ensure a profit on the bonds when they are sold
To reduce timing risk in volatile markets
To reduce systematic risk in markets that lack volatility
A) I only
B) I and III only
C) II and IV only
D) I, II, III, and IV

A

B) I and III only
Dollar cost averaging produces a cost per bond that is less than the average of the prices at which the bonds were purchased, assuming there was some price fluctuation. This helps reduce timing risk in volatile markets. However, it does NOT guarantee a profit, since the eventual sale price of the bonds could be less than the investor’s average cost

202
Q

A 6% coupon bond is selling at a basis of 6.20. If interest rates in the market decline below 6%, the bond’s basis would:
A) Increase
B) Remain the same
C) Increase or decrease, depending on its maturity
D) Decline

A

D) Decline
The term selling at a basis is synonymous with yield to maturity. As interest rates decline, the price of existing bonds increases, so their yields decline.

206
Q

Among the restrictions placed on open-end investment companies by the Investment Company Act of 1940 are:

mutual funds are only allowed to maintain TIC accounts with other funds that are members of the same “family” of funds.
no public offering may commence unless the fund has at least $100,000 in net assets.
no registered investment company may own more than 3% of the voting shares of another registered investment company.
shares of the fund will not have any margin loan value until the 30th day after purchase.
A) II and III.
B) I and IV.
C) I and II.
D) II and IV.

A

The correct answer was: II and III.

The minimum capitalization requirement for a new fund is $100,000 in net assets. A further restriction placed by the act is limiting one fund’s holdings to a maximum of 3% of the voting shares of another fund. Because the shares of an open-end company are always considered a new issue, the shares may not be purchased on margin, but, as with other new issues, do have a loan value once owned at least 30 days. However, this restriction is part of the Securities Exchange Act of 1934, not the Investment Company Act of 1940.

207
Q

Your client’s wife retired as a 3rd grade teacher in 2009 where she was covered under the school system’s 403(b) plan. If she resumes employment with a corporate employer, and that new employer has a 401(k) plan, is she entitled to defer RMDs from the 403(b) plan past the regular age 70 ½ date?

A) RMDs may be deferred as long as the individual is employed on a full-time basis.
B) RMDs may be deferred only if the current employer offered a 403(b) plan.
C) RMDs may be deferred only from the plan sponsored by the current employer.
D) RMDs may never be deferred for those who were participants in a 403(b) plan.

A

C) RMDs may be deferred only from the plan sponsored by the current employer.

The rule is that you can only defer RMDs in the plan of the employer where you are currently employed. For example, assume you retire from Company A and get a job with Company B, and both companies have a 401(k) plan. You can only defer RMDs from the Company B plan, because that is your current employer; you will have to take RMDs from the Company A plan. The same would be true if it were two different school systems with 403(b) plans.

208
Q

According to the Uniform Securities Act, the investment adviser brochure must include the business backgrounds of:

A) institutional clients.
B) each member of the investment committee or group that determines general investment advice to be given to clients.
C) an affiliated broker/dealer.
D) all employees of the adviser.

A

B) each member of the investment committee or group that determines general investment advice to be given to clients.

The business background of these key individuals must be included in Part 2B of Form ADV and in the disclosure brochure. The business background of other employees, affiliated broker/dealers, and institutional clients need not be included in the brochure.

209
Q

Suzie McQueen has a very successful interior design shop she has run as a sole proprietorship. She has just celebrated her 60th birthday and has been giving thought to an eventual sale of the business. She wants your opinion on whether she should incorporate or change to a partnership. You might respond

A) the partnership form of business structure would enable Suzie to maximize her sale price
B) the partnership form of business structure would be the easiest for ultimate transfer of ownership
C) the corporate form of business structure would be the easiest for ultimate transfer of ownership
D) the corporate form of business structure would be the least expensive to form

A

C) the corporate form of business structure would be the easiest for ultimate transfer of ownership

In general, the corporate form of business leads to the easiest transfer of ownership. Since Suzie would probably own 100% of the stock, all she would have to do is sell that stock to a new purchaser and the corporation could continue just as before. In the case of a partnership, even though Suzie would be the only partner, transfer is not as easy as with the sale of stock.

210
Q

On retirement, if your customer who is a corporate executive will receive retirement income equaling a percentage of the average of his last 5 years of compensation, this is which type of plan?

A) Keogh.
B) TSA.
C) Defined benefit.
D) Defined contribution.

A

C) Defined benefit.

In a defined benefit plan, the retiree receives a specified amount with the sponsor bearing the investment risk. Keogh plans are not corporate plans. In a defined contribution plan, the employee contributes a defined amount each period, bears the investment risk, and does not receive a defined amount upon retirement. TSAs are defined contribution plans, not defined benefit plans.

211
Q

The primary difference between an open-end and a closed-end investment company is:

A) capitalization.
B) diversification.
C) regulation.
D) Management

A

A) Capitalization
An open-end investment company continuously offers for sale and stands ready to redeem a constantly changing number of shares; therefore, its capitalization is constantly changing. On the other hand, a closed-end investment company issues a fixed number of shares and does not redeem its own shares. Therefore, its capitalization is fixed.

212
Q

Withdrawals during retirement from which of the following accounts would most likely be subject to the greatest amount of taxation?

A) Nondeductible traditional IRA.
B) Roth IRA.
C) Qualified variable annuity.
D) Nonqualified variable annuity.

A

C) Qualified variable annuity.

The entire amount of the distribution from a qualified annuity will be subject to taxation at ordinary income rates. No tax is due on the Roth, and only the earnings on the nonqualified annuity or nondeductible IRA will be subject to tax.

213
Q

Without the need to meet any special conditions, a participant in which of the following retirement plans would be able to withdraw funds prior to age 59½ and not incur a 10% tax penalty?

A) 401(k)
B) 457
C) 403(b)
D) 501(c)(3)

A

B) 457

The 457 Plan allows participants to withdraw funds at any time, not just after age 59½, without incurring the 10% tax penalty. Income taxes would, of course, be due, but no penalty.

214
Q

The measurement that compares a stock’s price history to the movement of a total market index for the same period is known as:

A) beta.
B) R-squared.
C) standard deviation.
D) duration.

A

The measurement that compares a stock’s price history to the movement of the total market index for the same period is beta. Standard deviation indicates how much an investment’s returns have fluctuated from its average returns over a period of time, while R-squared measures whether an investment’s returns tend to go up and down at the same time as the markets. Duration measures how sensitive a bond will be to small changes in interest rates.

215
Q

One of your clients has told you that his employer has just instituted a Roth 401(k) plan. If they wish to make matching contributions:

A) current tax law does not permit matching contributions to be made on behalf of any employee participating in a Roth 401(k) plan.
B) he may choose as to whether he wants the matching contribution made to the Roth 401(k) or a regular 401(k).
C) they may contribute a specified percentage of his pay to the Roth 401(k).
D) they may contribute a specified percentage of his pay to a regular 401(k).

A

D) they may contribute a specified percentage of his pay to a regular 401(k).

In order to have matching contributions, participants in a Roth 401(k) plan must actually have two accounts – the Roth and a regular 401(k). The employer contributions are made on a tax deductible basis to the regular 401(k) and are fully taxable upon withdrawal.

216
Q

Which of the following would be permitted to open an IRA?

An individual whose sole income consists of dividends and capital gains.
A divorced mother whose sole income is alimony and child support.
A self-employed attorney who has a Keogh plan.
A corporate officer covered by 401(k).
A) II, III and IV.
B) III and IV.
C) I, II, III and IV.
D) I and II.

A

A) II, III and IV.

An IRA contribution can only be made by someone who has earned or otherwise eligible income. Earned income is defined as salary, wages, commissions, and tips. Alimony, (but not child support) is considered eligible income for an IRA. Individuals can contribute to an IRA even if they are covered by a corporate pension plan or Keogh plan. Although a contribution can be made, it may or may not be deductible depending on the individual’s income. Dividends and capital gains are not considered earned income.

217
Q

A complex trust has the following income for the year: $1,500 in taxable interest, $2,000 in dividends (reinvested in the stock), and $3,000 in tax-exempt interest. In addition, the portfolio realized $3,500 in capital gains that were reinvested in the corpus. What is the distributable net income (DNI) for the trust?

A) $1,500.00
B) $6,500.00
C) $10,000.00
D) $4,000.00

A

B) $6,500.00

All investment income, regardless of source, will be considered DNI and will be included in the taxable income calculation to the trust unless distributed. Reinvested capital gains are not part of a trust’s DNI.

218
Q

Long-term Financial Solutions, Inc. (LTFCI), a federal covered registered investment adviser, files a Form ADV-W indicating the business is closing. It is being acquired by another federal covered adviser, Goldin and Sylver Advisers, LLC. As the successor firm, Goldin and Sylver Advisers

A) must notify all clients of LTFCI that their advisory contracts have been assigned
B) must keep copies of the LTFCI corporate charter for at least five years after LTFCI’s termination
C) is under no obligation to maintain any of LTFCI’s corporate records.
D) must keep copies of the LTFCI corporate charter for at least three years after LTFCI’s termination

A

D) must keep copies of the LTFCI corporate charter for at least three years after LTFCI’s termination

When an investment adviser ceases to exist, either through going out of business or being succeeded by another firm (as is the case here), articles of incorporation, charters, minute books, and stock certificate books of the investment adviser and of any predecessor must be maintained in the principal office of the investment adviser and preserved until at least three years after termination of the enterprise. Although it is true the contracts have been assigned to the successor firm (Goldin and Sylver), the consent for that had to be obtained by LTFCI.

219
Q

Section 403 of the USA Act states that the Administrator may, by rule or order, require the filing of any sales and advertising literature addressed or intended for distribution to prospective investors, including clients or prospective clients of an investment adviser unless the security or transaction is exempted by Section 402 or is a federal covered security. This would include any:

circulars.
form letters.
investment adviser's website.
prospectus.
 A)	III and IV.
 B)	I and II.
 C)	I, II, III and IV.
 D)	I, II and III.
A

The correct answer was: I, II, III and IV.

All of these are included in the filing requirements, even the prospectus.

220
Q

When performing a capital needs analysis for a client, factors to be considered would include

the client’s projected earnings
the projected inflation rate
projected market volatility
the client’s age
 A)	III and IV
 B)	I and II
 C)	I, II, and IV
 D)	I, II, III, and IV
A

The correct answer was: I, II, and IV

A capital needs analysis is used to help determine the proper amount of life insurance that will provide for the family’s needs in the event of premature death of the primary breadwinner. The agent would factor in the client’s projected earnings until retirement and, in order to do that, would need to know the current age. In addition, to be sure to allow for enough to keep up with the rising cost of living, the projected inflation rate is needed. However, market volatility does not impact the analysis because the amount of the selected death benefit will remain constant, regardless of changes to the market.

221
Q

Under the Securities Exchange Act of 1934, which of the following is (are) TRUE regarding the authority of the SEC to suspend trading?

The SEC may suspend all trading on a specific exchange for up to 90 days.
The SEC may summarily suspend trading on a particular nonexempt security for up to 10 days.
The SEC may suspend trading on exempt securities.
A) I only.
B) I and II.
C) I, II and III.
D) I and III.

A

The correct answer was: I and II.

The SEC may suspend all trading on a specific exchange for up to 90 days with prior notification of the President of the United States and may summarily suspend securities trading in a registered security listed on a stock exchange for up to 10 days. The SEC does not have the authority to suspend trading in exempt securities.

222
Q

The GEMCO Asset Allocation Fund is in registration. In order for the fund to charge the maximum allowable sales charge on its Class A shares, the fund’s prospectus must allow which of the following?

Rights of accumulation.
The privilege to exchange shares of this fund with other GEMCO funds at NAV.
Price breakpoints offering reduced commissions for larger purchases.
A) I and III.
B) I and II.
C) II and III.
D) I, II and III.

A

The correct answer was: I and III.

Industry rules prohibit sales charges in excess of 8-½% on mutual fund purchases. However, in order to do so, shareholders must be given rights of accumulation and breakpoints must be available for larger purchases (generally starting at $10,000 or $15,000). There is no requirement to offer the exchange privilege.

223
Q

Jason, a recently divorced individual, is currently 55 years old and has built up approximately $400,000 in several initially funded and rollover individual retirement accounts (IRAs). He now wants to take an early distribution from one of these IRAs. Which one of the following distributions will escape the imposition of a tax penalty for early withdrawal?

A) A distribution made upon separation of service from Jason’s current Employer.
B) A distribution made to Jason’s ex-wife under a qualified domestic relations order (QDRO).
C) A distribution made on account of financial hardship as determined by Jason’s financial planner.
D) A distribution made in payment for higher education costs of Jason’s granddaughter.

A

The correct answer was: A distribution made in payment for higher education costs of Jason’s granddaughter.

Jason can take a distribution from any of his IRAs without imposition of a tax penalty as long as it is made in payment of higher education costs (tuition, fees, books, supplies, and equipment) for his granddaughter. QDROs do not apply to IRAs. Separation from service will not affect Jason’s ability to take a distribution from his IRA. A distribution due to financial hardship is always subject to the early distribution penalty if the participant is not yet age 59½.

224
Q

Section 15 of the Investment Company Act of 1940 spells out many of the specific requirements for the contract between a management investment company and its investment manager. Among those requirements is that:

no contract may be terminated with more than 60 days notice in writing.
the initial contract is for a maximum of 1 year and then may be renewed on either an annual or biannual basis.
unless a specific exemption applies, the fund may not engage in margin trading.
the contract must be in writing.
A) I and IV.
B) I and III.
C) II and IV.
D) II and III.

A

The correct answer was: I and IV.

Contracts between funds and their advisers may not be terminated with more than 60 days notice and these contracts must be in writing. The initial contract is for a 2-year period and then renewed on an annual basis. Whether the fund can trade on margin is not a function of the management contract.

225
Q

An investor owns a debenture convertible into 20 shares of the issuer’s common stock. After a 2 for 1 stock split, the terms of the debenture provide for conversion into 40 shares. This is because the debenture has:

A) warrants attached.
B) an anti-dilution clause.
C) increased its par value to $2,000 to account for the split.
D) pre-emptive rights.

A

The correct answer was: an anti-dilution clause.

Most convertible securities are sold with anti-dilutive clauses that provide for an adjustment in the number of shares based upon stock splits or stock dividends.

226
Q

Your answer, warrants attached., was incorrect. The correct answer was: an anti-dilution clause.

Most convertible securities are sold with anti-dilutive clauses that provide for an adjustment in the number of shares based upon stock splits or stock dividends.

A

The correct answer was: 33% of its assets in the common stock of a small-cap technology company.

An investment company that has invested 33% of it assets in any issue, small-cap or not, exceeds the limits set in the 75-5-10 test. This test requires that 75% of the assets be invested in securities issued by companies other than the investment company (regardless of the type of companies) so that no more than 5% of total assets are invested in any one company, and no more than 10% of an outside corporation’s voting securities are owned by the investment company. There are no restrictions on the other 25%, making it possible to have as much as 30% of the fund’s assets in the securities of one issuer, but not 33%. In fact, with that “other 25%”, a diversified company could, theoretically, own 100% of the voting stock of an issuer so owning 18% is no problem.

227
Q

Which of the following are key assumptions of the Capital Asset Pricing Model (CAPM)?

Investors hold diversified portfolios
Income tax rates are stable
Investors can borrow and lend at the risk-free rate
There is a perfect capital market
 A)	I and III
 B)	I, II, III and IV
 C)	I, III and IV
 D)	II and IV
A

The correct answer was: I, III and IV

CAPM assumes that investors will be looking at a return for taking systematic risk, hence holding diversified portfolios. One of the most important assumptions is that investors will be able to borrow/lend at the risk-free rate. Finally, CAPM assumes a perfect capital market, meaning that all securities are valued properly (their returns will plot to the [SML] security market line, and there are no tax or transaction costs). Income taxes are not a consideration, because not all investors are going to be in the same tax bracket.

228
Q

Among the reasons why a corporation might choose to utilize a deferred compensation plan for retirement planning would be

A) compliance with ERISA
B) employees who leave the company prior to retirement would not receive benefits
C) the plans are nondiscriminatory
D) current tax savings on money contributed to fund the plan

A

The correct answer was: employees who leave the company prior to retirement would not receive benefits

Deferred compensation plans are usually structured so that if the employee leaves prior to retirement or is terminated with cause, benefits are forfeited. These plans are discriminatory and there is no current tax saving, hence the term “deferred”. As nonqualified plans, they do not have to comply with ERISA.

229
Q

A customer invests $18,000 in a mutual fund and signs a letter of intent for $25,000 to qualify for a breakpoint. One year later, the shares are valued at $25,100 even though the customer has made no new investments. Which of the following statements is TRUE?

A) Shares held in escrow will be liquidated at the appreciated value.
B) The investment no longer qualifies for a breakpoint.
C) The letter of intent is considered fulfilled.
D) The agent should remind the customer of the letter of intent that was signed 12 months ago.

A

The correct answer was: The agent should remind the customer of the letter of intent that was signed 12 months ago.

The letter of intent is not satisfied by the price appreciation of the shares. A letter of intent must be met with dollars invested within 13 months, so the customer needs to invest an additional $7,000 to fulfill the letter of intent. The agent should remind the customer of the intention to qualify for the reduced sales charge. The provisions of the LOI hold regardless of the price appreciation. Shares will not be liquidated until 13 months have lapsed.

230
Q

All of the following situations are exempt transactions complying with the requirements of the USA EXCEPT:

A) Mammoth Mutual Fund purchased 250,000 shares of common stock in a nonissuer transaction.
B) the executor of an estate liquidates 1,000 shares of IBM held by the estate.
C) broker/dealer A has put together a syndicate of 15 insurance companies and pension funds to purchase the entire issue of XYZ Corporation’s preferred stock.
D) broker/dealer B offers a private placement to 15 regular public customers and closes the offering at the end of 30 days.

A

The correct answer was: broker/dealer B offers a private placement to 15 regular public customers and closes the offering at the end of 30 days.

Under the Uniform Securities Act, an unregistered private placement may be offered to no more than 10 prospective purchasers, with the exception of financial institutions and other broker/dealers. Transactions by executors, the sheriff, marshals, receivers, trustees, guardians, or conservators are exempt. Sales to financial institutions, such as mutual funds and insurance companies, are also exempt.

231
Q

All of the following statements about SEP IRAs are true EXCEPT:

A) SEP IRAs are established for small-businessowners and their employees.
B) SEP IRAs allow employers to make contributions.
C) contributions to SEPs are made with after-tax dollars.
D) the retirement account is usually set up at a bank or other financial institution.

A

The correct answer was: contributions to SEPs are made with after-tax dollars.

Employers make pretax contributions to SEP IRAs on behalf of their employees. The account is usually set up at a bank or other financial institution.

232
Q

Included among the powers of the Administrator is the ability to:

A) request the court to appoint a receiver to freeze the bank accounts of a broker/dealer who is the subject of an injunction.
B) arrest an agent who violates the USA.
C) sentence an investment adviser representative who has been convicted of fraud to a prison sentence, not to exceed three years.
D) deny the registration of a securities professional if doing so is in the public interest.

A

The correct answer was: request the court to appoint a receiver to freeze the bank accounts of a broker/dealer who is the subject of an injunction.

If a temporary or permanent injunction is issued against any securities professional, upon request of the Administrator, a receiver or conservator may be appointed over the defendant’s assets. The Administrator cannot arrest, but can seek a warrant. In order to deny a registration, not only must it be in the public interest, but there must be some other issue, such as insolvency, incomplete application, etc. Although the maximum prison sentence under the USA is three years, it is the courts that do the sentencing, not the Administrator

233
Q

If the owner of a $1 million IRA leaves it to his daughter, which of the following best describes the income tax treatment to the daughter?

A) She will pay income taxes only on a portion of the withdrawals which exceed $1 million.
B) She will pay no income taxes because the estate taxes have already been paid.
C) She will pay income taxes on the full amount she withdraws each year.
D) She will pay income taxes on the full $1 million immediately.

A

The correct answer was: She will pay income taxes on the full amount she withdraws each year.

An inherited IRA will be subject to income taxes to the beneficiary at time of withdrawal, on the same terms as if it had been distributed to the original owner.

234
Q

In a qualified plan, if the employer makes all of the contributions, the employee’s cost basis is:

A) one-half of the contributions made.
B) the value of the contributions.
C) the increase in value only.
D) zero.

A

The correct answer was: zero.

Because the employee has not made any contributions, the cost basis is zero. In any qualified plan, if all of the contributions are in pretax dollars, the cost basis is zero no matter who contributes the money.

235
Q

Assuming all withdrawals are equal, which of the following would subject a 60-year-old investor to the least amount of tax?

A) Roth IRA
B) 403(b) plan
C) Traditional IRA
D) Non-qualified variable

A

The correct answer was: Roth IRA

As long as the Roth has been opened a minimum of five years, once the investor has reached 59 ½, withdrawals are free of any tax. Generally, the most tax would be with the traditional IRA (assuming it was funded exclusively with pretax funds) and the 403(b). Because the non-qualified VA is funded with post-tax funds, a portion of the amount withdrawn might be the original principal and there is no tax due on that.

236
Q

Which of the following vehicles make use of the unified estate tax credit?

bypass trust.
generation skipping trust.
living trust.
simple trust.
 A)	I and IV.
 B)	I and II.
 C)	II and III.
 D)	III and IV.
A

The correct answer: I and II.

Both the bypass trust and the generation skipping trust are tools used by estate planners to reduce estate taxes. They do so by passing the amount in the unified credit (currently $5.25 million for 2013) to heirs other than the spouse, usually grandchildren in the case of the GST.

237
Q

Under ERISA, all of the following retirement plans must set standards for vesting, eligibility, and funding EXCEPT:

A) deferred compensation plans.
B) corporate pension plans.
C) Keogh plans.
D) profit-sharing plans.

A

The correct answer: deferred compensation plans.

Deferred compensation plans are not qualified plans and may be discriminatory. Keogh, profit-sharing, and corporate pension plans must meet set standards for vesting, eligibility, and funding under ERISA.

238
Q

If a businessowner’s goal is to establish an entity that features ease in raising capital, which of these entities is the most appropriate?

A) A sole proprietorship.
B) A general partnership.
C) A limited liability company (LLC).
D) An S form of corporation.

A

The correct answer: A limited liability company (LLC).

If a businessowner’s goal is ease in raising capital, the limited liability company (LLC) is preferable because it has no restrictions on the number or nationality of investors. While the regular or C corporate form is also preferable, the S form of corporation is limited to a maximum of 100 potential shareholders, none of whom may be a nonresident alien.

239
Q

Which of the following statements about S corporations are CORRECT?

S corporation status offers greater opportunity for raising additional capital than do other forms of business structure.
Stockholders of S corporations are taxed on the net profits of the corporation, even if they do not receive taxable dividends.
An S corporation may have no more than 50 shareholders.
An S corporation may have only one class of stock.
A) I and III.
B) I and II.
C) II and IV.
D) III and IV.

A

The correct answer: II and IV.

S corporations are flow-through vehicles, so any earnings are taxable to shareholders, whether or not they are paid out as dividends. An S corporation may have no more than 100 shareholders and may issue only one class of stock so its ability to raise large amounts of capital is rather limited.

240
Q

When analyzing a company’s financial statements, gross margin is computed by subtracting from revenues

A) all expenses, including income tax
B) the cost of goods sold plus interest expense
C) the cost of goods sold
D) all expenses, including income tax plus preferred dividends

A

The correct answer: the cost of goods sold

A company’s gross margin is the profit from operations remaining after subtracting the cost of goods sold from the revenues (sales). Because interest is a fixed rather than operating expense, it is not included in the computation.

241
Q

One of your clients, No More Leaks Plumbing Company, is organized as a sole proprietorship. The owner would be responsible for:

filing routine paperwork common to all forms of business.
filing an annual K-1 for income tax purposes.
completing a Schedule C.
none of the company’s liabilities over and above his original investment.
A) I and II.
B) I and III.
C) III and IV.
D) II and IV.

A

The correct answer: I and III.

A business organized as a sole proprietorship is basically nothing other than the owner himself. As a business, routine paperwork must be completed, but in this case, the tax reporting is on the owner’s Schedule C of Form 1040.

242
Q

Keynesian economists generally believe that:

A) reducing the size of the government generally stimulates a nation’s economy.
B) the Federal Reserve Board (FRB) management of the money supply should be the major influence on the domestic (U.S.) economy.
C) business should be free to operate with minimal government interference.
D) governments drive national economies through taxation and government spending activities.

A

The correct answer: governments drive national economies through taxation and government spending activities.

Keynesian economics, so named for the noted British economist John Maynard Keynes, maintains that governments should manage the economy by adjusting levels of taxation and government spending. Monetarist economics maintains that the economy operates best when the Federal Reserve manages the money supply, not when the government stimulates economic activity through fiscal programs. Supply side economics states that reducing government and its claims on taxpayers’ income is the best way to keep a nation’s economy healthy. Free-market economists believe that government interference in business should be minimal in order for the invisible hand of the market to allocate goods and services in the most efficient manner.

243
Q

When an investor’s original value is subtracted from the ending value, and then has the income received over that time period added to it which is then divided by the original cost, the result is:

A) expected return.
B) internal rate of return.
C) annualized return.
D) holding period return.

A

D) holding period return.

This is the method of computing holding period return.

244
Q

Which of the following statements regarding a closed-end investment company is TRUE?

A) The shares are sold at a current market price.
B) New shares are constantly offered to the public.
C) The number of outstanding shares is constantly changing.
D) The shares are redeemable.

A

A) The shares are sold at a current market price.

A closed-end company issues a limited number of shares in a single offering to be sold by the underwriter at a set public offering price. Once the shares are sold, they trade on an exchange or OTC, where supply and demand in the market sets the trading price

245
Q

If a retiree is paid an annual amount equal to 30% of the average of his last three years’ salary, which of the following retirement plans offers this type of payment?

A) Defined benefit.
B) Defined contribution.
C) Deferred compensation.
D) Profit-sharing.

A

A) Defined benefit.

A retirement plan that establishes the retiree’s payout in advance is a defined benefit plan

246
Q

Under which of the following circumstances would a premature distribution from a traditional IRA be exempt from the premature distribution penalty?

A) When the account is fully funded with nondeductible contributions.
B) When the distribution is paid in equal annual amounts over the owner’s life.
C) A distribution taken at age 55 if the owner is retired.
D) A distribution taken to satisfy the terms of a court-ordered property settlement

A

B) When the distribution is paid in equal annual amounts over the owner’s life.

A distribution from an IRA taken in equal annual amounts over the owner’s life is not subject to the 10% premature distribution penalty even if started before age 59½. This is one of the exceptions that apply to IRAs. The exception for qualified domestic relations orders (QDROs) and for retirement at age 55 apply to employer-sponsored plans but not to IRAs.

247
Q

Under the Investment Advisers Act of 1940, unless delayed by the SEC, registration of an investment adviser becomes effective how many days after filing?

A) 90 days.
B) 60 days.
C) 45 days.
D) 30 days.

A

The correct answer was: 45 days.

This is one of the differences between the Uniform Securities Act and the Investment Advisers Act of 1940. Registrations become effective at noon on the 30th day after filing under the Uniform Securities Act. They become effective 45 days after filing, unless delayed by the SEC, under the Investment Advisers Act of 1940.

248
Q

An investment adviser representative may share in the profits and losses of a customer’s account:

A

under no conditions.
Investment adviser representatives are not allowed to share in the capital appreciation or depreciation of their customers’ accounts in the same manner as are agents.

249
Q

Which of the following investment advisers would be permitted to use the term “investment counsel”?

A) A firm whose exclusive business is placing clients’ assets into model portfolios.
B) An investment adviser who has been admitted to the bar in the state in which the firm’s principal office is located.
C) A professional providing a market timing service with an annual subscription fee of $995; this service attempts to maximize profits by suggesting entry and exit points for over 100 listed stocks.
D) A financial planner offering a wide range of services to his clients, including tax planning, estate planning, insurance planning, and investment advice.

A

A) A firm whose exclusive business is placing clients’ assets into model portfolios.

To use the term “investment counsel”, two criteria must be met. First, the principal business of the adviser must be the rendering of investment advice. Second, the nature of the advice must meet the definition of investment supervisory service. That means giving continuous investment advice to clients based on their individual needs. That is frequently accomplished by selecting model portfolios most appropriate to the client’s needs. The financial planner clearly is not principally in the business of offering investment advice because he describes his service as offering a wide range of services, of which advice is only a part. The exam frequently uses that wording to indicate that advice is not the principal activity. While the publisher’s principal business activity may be offering advice, nothing about the description indicates that individual client accounts are being monitored

250
Q

A fundamental analyst would be interested in funds available for use in the business. Doing which of the following would have the greatest impact on future cash flow?

A) Retiring outstanding bonds.
B) Depreciation on assets used in the business.
C) Amortizing goodwill.
D) Retaining earnings.

A

A) Retiring outstanding bonds.

The retirement of outstanding bonds means that there will be no future interest payments made. Since a major component of cash flow is a company’s net income, this reduced expense would lead to increased income.

251
Q

If a company successfully gets its 7% debenture holders to exchange their 7% debentures for 7% preferred stock, what is the effect on EPS?

A) Not enough information.
B) Increase.
C) No effect.
D) Decrease.

A

D) Decrease.

The 7% payment is moved from a pre-tax deduction to an after-tax payment. This increases the amount of taxable income, thereby increasing the company’s tax liability. The 7% payment remains the same. With an increased tax burden and everything else remaining the same, the EPS will decrease.

252
Q

The fee charged by some mutual fund companies if shares are redeemed within a specified time after being purchased is known as a:

A) forward pricing fee.
B) contingent deferred sales charge.
C) 12b-1 fee.
D) breakpoint fee.

A

B) contingent deferred sales charge.

Some mutual funds impose contingent deferred sales charges on investors who redeem their shares within a specified period after purchasing them. These fees are designed to encourage investors to leave their money in the fund for longer periods. Typically, the amount of the contingent deferred sales charge decreases the longer the investor owns the shares.

253
Q

What is the appropriate procedure to follow when a customer fails to sign the form provided by the investment adviser stating that he has received a copy of the investment adviser’s brochure?

A) Proceed with the account; the signature is not required.
B) Only unsolicited orders may be accepted until the signed receipt is received.
C) Proceed with the account, but make a supervisory person aware of this.
D) Don’t do anything with the account until the customer’s signature acknowledging receipt of the brochure is received.

A

C) Proceed with the account, but make a supervisory person aware of this.

Although it is true that there is no legal requirement for a client to sign acknowledging receipt of the brochure, if it is the adviser’s practice, the account may proceed, but only with notice to the appropriate supervisory person.

254
Q

All of the following appear on a corporation’s balance sheet as fixed assets EXCEPT:

A) inventory.
B) computer equipment.
C) real estate.
D) furniture.

A

A) inventory.

Inventory is considered a current asset, not a fixed asset, because the company expects to convert its inventory into cash within a short period of time. The other choices are fixed assets and cannot be liquidated easily.

255
Q

Annuity companies offer a variety of purchase options to owners. Which of the following definitions regarding these annuity options is NOT true?

A) A single premium deferred annuity is a lump sum investment, with payment of benefits deferred until the annuitant elects to receive them.
B) A periodic payment deferred annuity allows a person to make periodic payments over time; the contract holder can invest money on a monthly, quarterly, or annual basis.
C) An accumulation annuity allows the investor to accumulate funds in a separate account prior to investment in an annuity.
D) An immediate annuity allows an investor to deposit a lump sum with the insurance company; payout of the annuitant’s benefits starts immediately (usually within 60 days).

A

C) An accumulation annuity allows the investor to accumulate funds in a separate account prior to investment in an annuity.

Accumulation does not refer to a purchase option. The pay-in period for an annuity is known as the accumulation stage. A single premium deferred annuity is an annuity with a lump-sum investment, with payment of benefits deferred until the annuitant elects to receive them. Periodic payment deferred annuities allow a person to make periodic payments over time. Immediate annuities allow an investor to deposit a lump sum with the insurance company payout of the annuitant’s benefits starting immediately (usually within 60 days).

256
Q

Which of the following transactions would NOT be exempt under the Uniform Securities Act?

A) A registered dealer sells Canadian government securities to an individual client.
B) Securities are sold that were collateral for a defaulted loan.
C) The executor of an estate sells securities to liquidate the property.
D) A customer calls his broker/dealer to order a specific security.

A

A) A registered dealer sells Canadian government securities to an individual client.

Unsolicited, nonissuer transactions (customer calls the broker/dealer to order or sell a security) are exempt transactions, as are fiduciary transactions to liquidate estates or receiverships by guardians, executors, administrators, trustees or, conservators. Sales of securities that had been pledged as collateral for a defaulted loan are also exempt transactions. The sale of Canadian government securities by a registered dealer represents a security that is exempt under the Uniform Securities Act, but the transaction itself is not

257
Q

FinCEN Form 104, the Currency Transaction Report, is filed with the:

A) National Security Agency.
B) SEC.
C) Federal Bureau of Investigation (FBI).
D) Internal Revenue Service.

A

The correct answer: Internal Revenue Service.

Currency transactions in excess of $10,000 are reported on FinCEN Form 104 to the IRS in Detroit, Michigan. Effective April 1, 2013, Form 104 has been replaced with Form 112, an electronically filed form with the Department of the Treasury. There will never be a case where both the IRS and the Department of the Treasury will be answer choices – select whichever one appears.

258
Q

When an investment adviser representative terminates employment with a federal covered investment adviser and then registers with a different federal covered investment adviser in the state where the individual has an office:

A) the investment adviser representative and the federal covered advisers must notify the Administrator promptly.
B) only the investment adviser representative must notify the Administrator promptly.
C) only the terminating investment adviser must notify the Administrator.
D) the investment adviser representative and the employing adviser must notify the Administrator promptly.

A

The correct answer: only the investment adviser representative must notify the Administrator promptly.

If you are working for a registered investment adviser within a specific state, that state securities administrator wants to know who you are. The problem becomes a question of who is responsible for notifying the State Securities Administrator of your employment. A federal registered investment adviser is exempt from registration at the state level and therefore has very little contact with the state. If you go to work for a federal registered investment adviser, it becomes your duty to notify the State Securities Administrator that you are working there as well as when you terminate.

259
Q

A client has made both tax-deductible and nondeductible contributions to a traditional IRA. When taking distributions from the IRA:

A) they are taxed on a pro rata basis.
B) that portion derived from the nondeductible contributions is not subject to penalty if withdrawn prior to age 59-½.
C) they are treated as being from the tax-deductible portion first and the nondeductible last.
D) they are treated as being from the nondeductible portion first and the deductible portion last.

A

The correct answers: they are taxed on a pro rata basis.

The portion of the distribution that is nontaxable must be prorated with amounts that are taxable. For instance, if the individual contributed $2,000 in after-tax amounts and $8,000 in pretax amounts, a distribution of $5,000 would be prorated to include $1,000 after-tax and $4,000 in pretax assets.

260
Q

Becky Biggins has an executive position with a large corporation that covers her under its defined benefit pension plan. This year, Becky’s salary will top $135,000. Becky has no dependents and wishes to maximize funds that she can accumulate for her retirement. Becky could:

not open a traditional IRA.
open a traditional IRA but would not be able to deduct her contributions.
open a Roth IRA.
not open a Roth IRA.
 A)	I and III.
 B)	I and IV.
 C)	II and III.
 D)	II and IV.
A

The correct answer: II and IV.

Anyone with earned income can open a traditional IRA. Deductibility of contributions may be disallowed if the individual is covered under a corporate plan and has earnings in excess of a certain level. Becky’s salary exceeds the maximum permitted for a single person so her contributions would be made with after-tax dollars. In the case of a Roth, nothing is deductible, so it doesn’t matter if you are covered at work. However, Becky’s salary is far in excess of the maximum permitted for a single person to contribute to a Roth IRA.

261
Q

An employer has a qualified retirement plan that promises to pay employees a specific percentage of their average salary if they complete 20 years of service. This type of pension plan is a:

A) profit-sharing plan.
B) defined benefit pension plan.
C) 401(k) plan.
D) defined contribution pension plan.

A

The correct answer: defined benefit pension plan.

A defined benefit pension plan is one that promises to pay employees a certain specified benefit at retirement. The modern trend is toward a defined contribution plan, in which the employer promises to make certain contributions to the plan each year, but does not commit to paying employees a specific benefit when they retire. A profit-sharing plan is a type of defined contribution pension plan.

262
Q

Which of the following statements regarding IRAs are CORRECT?

One may have both a Roth IRA and a Traditional IRA, contributing the maximum to each one.
One may have both a Roth IRA and a Roth 401(k) contributing the maximum to each one.
Both traditional IRAs and Roth 401(k) plans have RMDs at age 70 ½.
If one is a participant in a Roth 401(k) plan, the earnings limits are waived for opening a Roth IRA.
A) III and IV.
B) I and IV.
C) II and III.
D) I and II.

A

The correct answer: II and III.

A Roth IRA and Roth 401(k) are two separate items and maximum allowable contributions may be made to both. This is unlike the IRAs where one can maintain both, but the total contribution is the annual limit (currently $5,500 with a $1,000 catch-up). One of the things about a Roth 401(k) that is different from the Roth IRA is that RMDs must start at the same time as with traditional IRAs. Although one may participate in a Roth 401(k) without regard to AGI limits, that is not so with the Roth IRA.

263
Q

Fundamental analysts give significant credence to financial ratios. Which of the following tends to give an indication of the profitability of the enterprise?

A) Sales to earnings ratio.
B) Current ratio.
C) Price to earnings ratio.
D) Debt ratio.

A

The correct answer: Sales to earnings ratio.

The sales to earnings ratio compares the net sales of the business to its earnings. Companies with a higher percentage of earnings from each dollar of sales are more profitable.

264
Q

The XYZ Mutual Fund reports that a large number of their investors have been liquidating shares. In fact, the dollar amount of liquidations exceeds the incoming cash for new purchases. This would lead to a condition known as:

A) cash outflow.
B) net redemptions.
C) negative performance.
D) reduced sales charges.

A

The correct answer: net redemptions.

One of the main features of open-end investment management companies (mutual funds) is that there is a continuous offer of new shares and ready redemption of old ones. When redemptions exceed new purchases, the fund suffers from net redemptions.

265
Q

Last year, ABC Corporation had earnings per share of $5 and paid a quarterly dividend of $.75 per share. It has a current market value of $75. What is its price-earnings ratio?

A) 10:01
B) 25:01:00
C) 50:01:00
D) 15:01

A

Your answer, 15:01
The dividend information is irrelevant. The price-earnings ratio is the price of the stock ($75) divided by the earnings of the stock ($5), or 15:1.

266
Q

Under what circumstances will a dilution of equity occur?

A) Stock split.
B) Conversion of convertible bonds into common stocks.
C) Issue of mortgage bonds to replace debentures.
D) Stock dividend.

A

The correct answer: Conversion of convertible bonds into common stocks.

Dilution of equity occurs when stockholders experience a reduction in their percentage ownership of the company. If bonds are converted, more common shares are issued and the shareholder’s equity is diluted. A stock dividend or stock split does not change a stockholder’s percentage of ownership. Refunding debts has no effect on stockholders.

267
Q

A change in interest rates will have the most immediate impact upon:

A) REITs.
B) preferred stock.
C) common stock.
D) ETFs.

A

The correct answer: preferred stock.

Interest rate risk is predominately found with fixed income investments. Preferred stock with its fixed dividend, will be impacted by changes in the cost of money. Of course, you might challenge this answer claiming that if the ETF was based on a long-term bond index, that could certainly be the correct choice. But, unless specified, assume all ETFs are equity based.

268
Q

On last year’s annual updating amendment filed with the SEC, Alpha Investment Advisers indicated that it had more than $140 million in assets under management. Due to a reduction in the size of the firm, this year’s annual updating amendment shows that assets under management have fallen to the $75 million level and are expected to remain there. Which of the following actions are required for Alpha?

A) Withdraw from SEC registration immediately.
B) Withdraw from SEC registration within 180 days of the adviser’s fiscal year-end.
C) Do nothing and continue as a federal covered adviser.
D) Withdraw from SEC registration within 90 days of the adviser’s fiscal year-end.

A

The correct answer: Withdraw from SEC registration within 180 days of the adviser’s fiscal year-end.

If an adviser reports on its annual updating amendment that it has less than $90 million under management and it is not otherwise eligible to register with the SEC, it must withdraw from SEC registration within 180 days of the adviser’s fiscal year-end by filing Form ADV-W. The adviser could consult the securities departments of states in which it maintains offices or conducts business to determine the appropriate state registration requirements.

269
Q

Why are ERISA Section 404(c) and the accompanying Department of Labor Regulations important for an employer sponsoring a Section 401(k) retirement plan and who offer at least three diversified categories of investments with materially different risk and return characteristics?

A) This Section permits the employer to avoid certain coverage and participation rules that would otherwise apply to a qualified plan.
B) If followed, the employer need not provide a Summary Plan Description (SPD) to any employees participating in the plan.
C) If followed, the employer is relieved of fiduciary liability for any unsatisfactory investment results experienced by the employee.
D) Union-negotiated contracts are exempt from Department of Labor review under this safe harbor section.

A

The correct answer was: If followed, the employer is relieved of fiduciary liability for any unsatisfactory investment results experienced by the employee.

The importance of ERISA Section 404(c) to an employer sponsoring a Section 401(k) plan with self-directed investment or earmarking provisions is the relief from fiduciary responsibility for unsatisfactory investment results experienced by the employee.

270
Q

Which of the following would be a difference between a universal life insurance policy and a scheduled premium variable life insurance policy?

A) The universal life policy will generally outperform the variable life policy during a period of falling interest rates and rising stock prices.
B) There is a greater choice of separate account sub-accounts in the variable life policy.
C) There is a minimum guaranteed death benefit in the variable life while no such minimum applies to a universal life policy.
D) There is a minimum guaranteed return on the universal life while there is no guaranteed return on the variable.

A

The correct answer: There is a minimum guaranteed death benefit in the variable life while no such minimum applies to a universal life policy.

Universal life, including UVL, does not have a minimum guaranteed death benefit. There is no choice of separate account sub-accounts for universal life. Universal life is designed to benefit from periods of high interest rates, not falling ones.

271
Q

An individual is deciding between a flexible premium variable life contract and a scheduled premium variable life contract. If she is concerned about maintaining a minimum death benefit for estate liquidity needs, she should choose:

A) the scheduled premium policy because earnings do not affect the contract’s face amount.
B) the scheduled premium policy because the contract is issued with a minimum guaranteed face amount.
C) the flexible premium policy because the contract’s face amount cannot be less than a predetermined percentage of cash value.
D) the flexible premium policy because earnings of the contract directly affect the face value of the policy and earnings can never be negative.

A

The correct answer: the scheduled premium policy because the contract is issued with a minimum guaranteed face amount.

A scheduled premium variable life contract is issued with a guaranteed minimum death benefit. If the individual is concerned about having the minimum guarantee, you should recommend the scheduled contract.

272
Q

In order to determine the availability of funds for continuous investment, an IAR should prepare a statement of cash flows for her clients. When prepared for the family, this cash flow statement would include all of the following items EXCEPT:

A) salary.
B) assets.
C) expenses.
D) Taxes

A

The correct answer was: assets.

Assets belong on a balance sheet, they are not part of cash flow. Cash flow analysis for a family indicates the extent to which more money is coming in than is going out (or, unfortunately, sometimes the reverse). Salary is a reflection of money in, while expenses and taxes are money going out.

273
Q

The economic theory that says economic growth results from lower tax rates and lower government spending is:

A) monetary theory.
B) supply-side theory.
C) Keynesian theory.
D) demand-side theory.

A

Your answer, Keynesian theory., was incorrect. The correct answer was: supply-side theory.

Supply-side economics is the theory of Arthur Laffer, who believed that heavy taxing and government intervention have a negative effect on the economy.

274
Q

Which of the following statements, with respect to nonqualified retirement plans, is TRUE?

A) Employer contributions are tax deductible.
B) The employer must abide by all ERISA requirements.
C) Employee contributions are tax deductible.
D) Employee contributions grow tax deferred if they are invested in an annuity.

A

The correct answer: Employee contributions grow tax deferred if they are invested in an annuity.

Money invested in a nonqualified retirement plan will grow tax deferred if invested in a deferred annuity. Both employee and employer contributions to a nonqualified plan are not deductible; nonqualified plans are not subject to ERISA.

275
Q

Which of the following statements regarding a traditional IRA is TRUE?

A) Distributions without penalty may begin after the age of 59-½ and must begin by April 1 of the year before an individual turns 70-½.
B) Distributions before age of 59-½ are subject to a 10% penalty in lieu of income taxes.
C) The income and capital gains earned in the account are tax deferred until the funds are withdrawn.
D) Because contributions to a traditional IRA are not currently tax deductible, all qualifying withdrawals are tax free.

A

Answer: C

The income and capital gains earned in the account are tax deferred until the funds are withdrawn. It is the Roth IRA that can have tax-free withdrawals.

276
Q

Keynesian economists generally believe that:

A) business should be free to operate with minimal government interference.
B) governments drive national economies through taxation and government spending activities.
C) the Federal Reserve Board (FRB) management of the money supply should be the major influence on the domestic (U.S.) economy.
D) reducing the size of the government generally stimulates a nation’s economy.

A

Answer: B

Keynesian economics, so named for the noted British economist John Maynard Keynes, maintains that governments should manage the economy by adjusting levels of taxation and government spending. Monetarist economics maintains that the economy operates best when the Federal Reserve manages the money supply, not when the government stimulates economic activity through fiscal programs. Supply side economics states that reducing government and its claims on taxpayers’ income is the best way to keep a nation’s economy healthy. Free-market economists believe that government interference in business should be minimal in order for the invisible hand of the market to allocate goods and services in the most efficient manner.