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45 Cards in this Set

  • Front
  • Back
In what way are most securities paid for?

by personal checks

When is inside information considered public information?

when the public has had a chance to evaluate it
Thecurrent market in XYZZ stock is 6.12 bid, offered at 6.18. A customer wants tobid 6.125 for 100 shares. How should the buy order ticket read?
buy will reflect a bid, not an offer (only stocks priced below $1 can trade in sub penny prices), order ticket must reflect increments of no less that .01 (6.12), customer didn't want to pay more than 6.125, rounding 6.13 would not be permitted
MSRB members are required to have what which protects against loss due to employee theft?

fidelity bond
FINRA rules require member firms to establish written supervisory procedures designed to detect and prevent the misuse of inside information by persons affiliated with members

True
What act protects investors in corporate bonds in the event the issuing company defaults?

The Trust Indenture Act of 1939
What does SIPC cover in terms of margin accounts?

covers the equity, not the market value

What does the SIPC cover?

covers each separate customer, each account is covered up to $500,000 in securities and cash (max $250,000 in cash)
What act/entity was created to protect securities investors against losses resulting from the financial failure of broker/dealers?

The Securities Investor Protection Act of 1970-- Securities Investor Protection Corporation (SIPC) [does not provide protection against securities losses arising from decrease in MV]

What kind of debt is not subject to the Trust Indenture Act of 1939?

Corporate debt offerings under $50m and exempt issues
What act requires all corporate debt issues of $50m or more sold interstate to have a trust indenture (except US gov'ts)?

The Trust Indenture Act of 1939
When considering SIPC coverage, how is a money market account treated?

Treated as a security not cash
What act requires that all broker/dealers have written supervisory procedures that address the misuse of inside information?

The Insider Trading and Securities Fraud Enforcement Act of 1988?
What kind of stock is not allowed to be tendered?

Short margin stock

Under the Federal Dodd-Frank legislation, are tippers or "whistle blowers" rewarded for giving up info on a successful prosecution of anyone who violates a securities industry law?

Yes, may be awarded up to 10-30% of amounts recovered for orig info leading to success. prosecution, no bounty is guaranteed but is based upon the monies recovered and value of info
What is a penny stock defined as?

Market price below $5 per share that are not traded on any exchange or Nasdaq

When can inside info be divulged to a client?

Never, violations are punishable with both civil and criminal penalties
How often must publicly traded issuers report their financial status to the SEC on form 10K and form 10Q?

Annually on 10K and Quarterly on 10Q
Under penny stock rules, what is considered an established customer?

If they have deposited funds or securities in an account for at least 1 year prior to penny stock transaction OR have purchased at least 3 different penny stocks from the same BD
What rule is designed to address severe and sudden price movements and utilizes specified price bands (expressed as percentages depending on the current price of the stock) which prevent trades in stocks from occurring outside of those bands and employs trading pauses or halts for prolonged price movements?
The limit up/limit down rule
Firms must establish policies that restrict the passing of potentially sensitive material, nonpublic info between a firm's departments by using what?

firewall or info barrier
When must a BD be registered as an investment adviser?

If a BD receives compensation specifically for providing invest advice separate from commissions, markups, or markdowns
What act was enacted in response to a number of major corporate and accounting scandals, and enhanced standards for all US public company boards of directors, management, and public accounting firms?

The Sarbanes-Oxley Act of 2002 (SOX)
When does a violation of insider information occur?

when insider info is used to trade for a profit or to avoid a loss (tipper and tippee are liable)
A cash or currency transaction totaling more than $10,000 on a singe business day must be reported on FinCEN Form 112

True
Is giving someone material nonpublic information a violation?

While imprudent, it is not a violation unless acted on
For penny stocks registered reps must provide disclosure info to all penny stock buyers which they must sign and need to determine suitability based on financial info and other stuff

If investor is not considered an established customer, they must sign a suitability statement as well
What stage of laundering is it where they attempt to conceal the source of the funds or assets by wiring transfer funds to multiple jurisdictions, depositing cash overseas, and resell assets in multiple jurisdictions?

Layering stage-- key is the crossing of several legal and governmental jurisdictions (allows them to take full adv of varying degrees of regulation and bureaucracy of diff gov cooperation laws)
To sell an issue in a state, what must happen for it to be allowed?

BD, RR, and security must be registered in that state according to blue-sky laws
Any customer claims that SIPC does not cover will result in the customer becoming a general (unsecured) creditor of the company

True
What are the three distinct phases of money laundering identified by the US Treasury Department under Bank Secrecy Act?

placement, layering, and integration
What report is filed when a transaction or a pattern of transactions is suspicious and a possible indication of money laundering?

A suspicious activity report (SAR) filed with FinCEN

What form is filed for any cash deposit on a single day of more that $10,000?

FinCEN Form 112
Does SIPC coverage apply to accounts holding commodities?

No
Broker/dealersare required to file suspicious activity reports (SARs) involving transactions of$5,000 or more when financial behavior appears commercially illogical andserves no apparent purpose.

Acurrency transaction report (CTR) would be triggered for transactions totaling$10,000 or more within a single day.

An independent auditor must perform the audit

True
According to the Insider Trading and Securities Fraud Enforcement Act of 1988, who are corporate outsider who make trades at about the same time as insiders?

Contemporaneous traders-- granted the right to sue inside traders for damages sustained
What act determines financial failure?

The Securities Investor Protection Act of 1970
What are the civil penalties for controlling persons such as a RR or a BD under Insider Trading and Securities Fraud Enforcement Act of 1988?

greater of $1m or 300% of the profits made or losses avoided
What are the criminal penalties for controlling persons such as a RR or a BD under Insider Trading and Securities Fraud Enforcement Act of 1988?
up to $5m and carry a jail term of up to 20 years
FINRA rules require that anti-money laundering training be conducted how often?

ongoing basis

The first stage in cleansing illicit funds is placing them in the laundering system with little or no effort to disguise their illegal origins

may involve the use of a financial institution but can also take place entirely outside the financial system
The Securities Exchange Act of 1934 defines an insider as an officer, director or stockholder owning more than what % of a company's outstanding voting equity?

10%--also any professional who takes part in preparing the registration statement is automatically considered to have insider information
A BD must contain what coverage to protect the firm's assets from loss due to theft or embezzlement by officers or employees?

fidelity bond coverage
What act regulates new issues of corporate securities sold to the public?

Securities Act of 1933