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45 Cards in this Set

  • Front
  • Back

According to SEC Release IA-1092, an IAR/RR who intends to implement a plan using only products offered by a given broker-dealer must inform the client that ______________

The plan's implementation may be limited as a result.

In order to share in a customer's account, an agent must obtain permission from ________

Their employer and the customer in writing, and share proportionately.

Efficient Market Hypothesis portfolio

Buy and hold and systematic rebalancing.

Sector Rotation portfolio

Moving of investments from sector to sector in aticipation of a change in the economy.

Modern Portfolio Theory

Diversifying across various asset classes to enhance returns w/o increasing risk.

An Administrator may require an investment adviser to file ________ along with its initial ADV application?

The firm's current financial condition.

Exempt Reporting Advisers (ERAs)

Venture capital advisers and private fund advisers with AUM of less than $150 million are exempt from registration as an adviser with the SEC and/or state Administrator.




Must still pay fees and report public info via IARD/FINRA system

A change in advisory fees is a ________ change.

Material.

ADV Part 2 must be amended within ___ days.

30

The __________ has a fiduciary duty to manage the assets in a reasonable manner and to act in the best interest of the __________.

Trustee / Beneficiaries

The Administrator may require federal covered investment advisers to notice file if _________

They transact business with more than 5 non institutional clients over a 12 month period.

Notice filing is NOT a from of ______________

Registration

Notice Filing

The process of a federal covered adviser sharing information with the Administrator that it has filed with the SEC.

BDs and/or their agents are always required to notify clients if the fees that they are going to be charged are ____________ or ____________.

excessive or out of the ordinary

Investment Adviser representative

Persons who are associated with an IA and make recommendations, manage accounts, solicit, or negotiate the sale of IA services, or supervise any persons who engage in these activities.




No requirement for a person to be an employee or to be solely dedicated to sales to meet the definition of IAR

Roth IRAs are funded with ________

After-tax dollars.

Withdrawals from a Roth IRA will be classified as qualified distributions only if it has been ________ since the account was opened and funded.

5 years

Roth IRA qualified distributions are tax free after what age?

59 1/2

Business Continuity Plan

I. How the firm will communicate with regulators




II. Mission-critical systems




III. That the plan must be reviewed by the firm annually.

The Investment Company Act of 1940 regulates ________, __________, and ____________.

investment companies and their investment adviser, custodian bank, and distributor.

SEC customer confirmation info required to be disclosed.

The capacity in which the BD acted (agent or principal), the amount of commission received by the BD for an agency trade, and the settlement date of the trade.

NASAA internet advertising legend requirement

(1) A BD, agent, or IAR may transact business in the state only if first registered, excluded, or exempted from state reg requirements.




(2) Follow-up, or individualized responses to persons in this state by a BD agent, or IAR that involve either the effecting or attempting to effect transactions in securities, or the rendering of personalized investment advice for compensation, will not be made absent compliance with state registration requirements, or an applicable exemption or exclusion.

IPOs are usually registered by ___________ type of offering.

Registration by coordination

Mutual funds and listed securities are __________ covered securities.

Federal covered securities; therefore, are exempt from state state registration.

Intrastate offerings are commonly registered by ___________.

Qualification.

An investment adviser must record the personal securities transactions that are effected by its officers, directors, partners, and employees by no later than:

Must be recorded by no later than 10 days after the end of the calendar quarter in which the transaction occurred.

Characteristics of value stocks are:

High dividend yield, low price-to-book ratio, and/or low p/e ratios

Form BD requires what information?

Whether the applicant has been charged or convicted of a crime, any minor rule violations (SRO violations of $2,500 or less), and social security number if applicant is an individual.

USA- An administrator may accept a deposit of _______ or ________ in lieu of a surety bond.

Cash and securities.






(Admin may determine the type of securities acceptable for deposit but may not disallow securities)

Upon the sale of a primary residence, a portion of any capital gains are _______ from taxation. If single the first $_________ from the sale are excluded. $___________ for joint tax return.

Excluded, $250,000 and $500,000

An adviser with AUM of $100 million can register with who?

The SEC or state Administrator

An adviser with AUM of $110 million is considered a ___________.

Federal covered adviser and is required to register with the SEC.




May remain as long as AUM > $90 million

Firms that provide advice to an investment company, or firm that provide advisory service in 15 or more states are categorized as ___________.

Federal covered advisers.

A whole life insurance policy may be referred to as:

Permanent, ordinary, or straight life insurance.

An executor is ____ to obtain any outside advice in the exercise of his fiduciary duty.

Free.




(permission is not required)

Who is permitted to participate in a tax-sheltered annuity established under IRS 403(b)?

An employee of a school district and certain nonprofit organizations.




Tax-sheltered annuities are funded pre-tax and give an immediate deduction.

As an investment adviser, you are required to record and keep a record of every transaction in a security for a client's account within:

10 days of the end of each quarter, excluding direct obligations of the U.S. government.

NASAA's model rules require that advisory fees be:

Disclosed and be reasonable based on industry standards.




(if excessive and client agrees, may still be a violation.)

SEC Release 1092 states that:

Sports and entertainment reps who provide investment advice to their clients are IAs and subject to the Investment Adviser Act.




(Incidental advice only applies to LATE)

Contributions that are made to public charities or private foundations are __________.

Tax-deductible (pre-tax)

NASAA's IA contract disclosure requirements:

(1) All fees and services provided




(2) The term of the contract




(3) A formula for computing the advisory fee




(4) The amount of prepaid fees to be returned in the event of an early termination of the contract




(5) The fact that no assignment of the contract will be made without the consent of the client




(6) Whether the contract grants discretionary power to the adviser




(7) The fee for managing equity securities may be higher than for fixed-income securities

Under USA, any security that an investor receives as a bonus for purchasing another security is considered ____________.

An offer of that security.

the statue of limitations for criminal violations under USA is ____ years.

5

If an agent is terminated by his BD who must notify the Administrator and when?

Both the agent and the BD promptly.




(in violation if not reported within 30 days)

Tracking error

Occurs when indexing, if a portfolio deviates from index's actual return.