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35 Cards in this Set

  • Front
  • Back

An Administrator may require filing of sales and advertising literature for _____________.

Securities Investments

Before soliciting on behalf of an investment adviser, the Investment Adviser Act of 1940 requires solicitors and advisers to have:

A written agreement in place.




(a state Administrator may require third-party solicitors to register as an IAR)

When an IA directs clients' assets to another adviser it is the responsibility of the original adviser to:

Monitor these accounts and ensure the subadviser is acting in the clients best interest.

If an IA's net worth is less than the required minimum, it must notify the Administrator by:

The close of the next business day.

After notifying the Administrator of net worth < required minimum. the IA must file a report of its financial condition by the:

Next business day.




(T+2 of discovery of net worth < req. min)

Client account statements are sent on a ______________ basis and must include:

Quarterly basis.




(1) The amount of funds in the firm's possession


(2) A list of securities held in custody


(3) A record of transactions


(4) All fees charged



The Administrator has authority over any offer to buy or sell that is _________, ___________, or ___________ in the Administrators state.

Originated, accepted, or directed

Anyone who represents a BD in effecting securities transactions is defined as an agent and must register with the state regardless of:

Whether compensation is paid or not.

Revocable trust, tax and income implications

All the income produced by the trust must be included in the grantor's tax returns. However, the trustee would be responsible making certain that the proper tax payments were made.

How is income taxed in a irrevocable trust?

Income is generally taxed to the trust or the beneficiaries.

A broker dealer may use testimonials as long as a they disclose:

Whether more than a nominal fee was paid for them.

An investment adviser __________ use testimonials in its advertising.

MAY NOT

Holding period rate of return

The return that is earned over the life of an investment and/or loan.

A capital needs analysis is used to determine:

The amount of insurance a client needs to purchase today in order to fund future financial goals.

The Administrator may require BDs to post bonds if:

They have custody of or discretionary authority over clients funds or securities.

Fees must be ____________.

Reasonable

Qualified Client tests:

(1) Has more than $2.1 million of net worth




(2) Has a minimum of $1 million AUM with an IA

Under the Uniform Securities Act, an institutional investor:

May be designated as such by rule or order of the Administrator.

In order to sell a security in a state, the ____________________ and the ___________ must be registered in that state.

Broker-dealer and the agent

Bank employees who solicit the sale of securities are considered __________ of broker-dealers

Agents

Exempt reporting advisers are required to file Form ADV Part 1A with the SEC and must _____________ with the Administrator.

Notice File

Any material changes of a ERA must be reported _____________.

Promptly (usually 30 days)

As is the case with other investment advisers, and ERA is required to amend its Form ADV within __________ of its ___________ .

90 days of its fiscal year end.

The registration of a broker-dealer in a state will automatically constitute the registration of an individual as an agent if this person is:

Actively engaged in the business of the firm and is a partner, director, officer, or occupies a similar status.

Under the Uniform Securities Act, a private placement offering is one that involves no more than ______ retail investors.

10

Private Placement Offering is considered an exempt transaction if:

(1) The seller believes that all of the retail buyers are purchasing for investment purposes only and,




(2) No commission or other remuneration is being paid for soliciting retail buyers.

Employees of self-employed persons with a Keogh plan must be covered by the plan if they have worked for the employer for _______ and are at least 21.

One year

According to SEC Release IA-1092, a fiduciary must:

Disclose all potential conflicts of interest

Statue of limitations for civil liabilities under USA

Three years from the sale or rendering of advice or within two years of discovery.

According to the Investment Advisers Act of 1940, IAs are required to renew their registration within 90 days of _____________.

Fiscal year end




(Federal = fiscal)

Uniform Securities Act requires registration renewal to be completed at the end of _____________.

The Calendar year.





IRA decedent inherited by non-spouse has _____ years to have the funds distributed.

By the end of the 5th year

Investments suitable for an estate account?

Most short-term investments

The Administrator may require the filing of sales literature and advertising for __________ securities.

Nonexempt securities.




(Exempt securities are not subject to the filing requirements under USA)

For estate tax purposes, assets are normally valued at:

The time of death.




(The date on which the assets are sold is not relevant.)