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68 Cards in this Set
- Front
- Back
Basic Information required on New Account Form
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Name* & Address*
Cash or Margin Account DOB* SS* Occupation & Employer |
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Other Required Information past Basic
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Citizenship
Officer, Director, or 10% Shareholder (must be disclosed) |
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CIP
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Customer Identification Program - Required verification - Put in place so that terrorists could not open bank or brokerage accounts in US
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SIPC
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Securities Investor Protection Corporation - notified in writing at time of account opening - protection against broker dealer failure
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Is it required that a customer sign an arbitration agreement?
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No - However, most firms require it. If signed, customer must be provided with a copy within 30 days of signing.
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FINRA Rule 2090
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"Know your customer"
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Essential Facts for FINRA Rule 2090
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1 - Effectively service the customer's account
2 - Act in accordance with and special handling instruction 3 - Understand authority of each person acting on behalf of the customer 4 - Comply with applicable laws, regulations and rules |
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SEC New Customer Information
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- Name*
- Tax ID name* - Address* - DOB* - Phone Number - Occupation - Income - Net Worth (excluding primary residence) - Investment Objectives - Signature of person responsible for account - Signature of customer (if discretionary) |
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When must the customer verify the account profile if it was opened over the phone
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Within 30 days
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How often must the account profile be sent for review?
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Every 36 months
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FINRA Rule 2111 - Must have a reasonable basis to believe that a recommneded transaction or investment strategy is ____________ for the customer, based on the information obtained to ascertain the customer's investment profile
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FINRA Rule 2111 --- Suitable
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FINRA Investment Profile Information
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- Investment Objectives
- Investment Experience - Customer Age - Other Investments - Financial Situation and Needs - Tax Status - Investment Time Horizon - Liquidity Needs - Risk Tolerance - Any other information disclosed by customer |
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What are the 3 main components of to determining suitability?
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1 - Reasonable Basis Suitability
2 - Customer Specific Suitability 3 - Quantitative Suitability |
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Reasonable Basis Suitability
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"Big Picture"
"Makes sense for the "right" investor" In practice - prepare recommended list of products and strategies - Fully under obligation to understand features, returns, risks, and costs associated with any product |
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Customer Specific Suitability
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Must have a reasonable basis to recommend transaction ro strategy based off of "investment profile"
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Quantitative Suitability
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cannot "churn" an account with excessive trading with main intent of gaining more commissions
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Suitability Rules Do Not Apply To:
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1. Institutional Customers
2. Unsolicited trades 3. Investment Analysis Tools |
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Structured Products have _________ suitability and ___________ suitability determinations
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Reasonable basis and Customer specific
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Define Day Trader
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4 or more day trades in 5 business days or less
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Day Trading Disclosure
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- Risk
- Awareness of exaggeratted potential profits - Knowledge of markets and firm operations - Generation of substantial commissions to firm promoting - Margin losses - Person who day trades for other must be an RIA or Broker-dealer |
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Day Trading Suitability
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- Investment Objectives
- Investment Trading Experience & Knowledge - Financial profile - Tax status - Age, marital status, and number of dependants |
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If the member firm knows that one of its accounts that is not qualified to day trade is in fact day trading, it must approve account for day trading when?
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As soon as possible, but no later than 10 days following date that member knew account was engaging in day trading
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Non-Managed Fee Based Accounts (NMFBA)
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FINRA wrote this because it found that some member firms were placing customers into a fee based account when it would have been more appropriate (cheaper) for those to be paying a commission charge on each trade
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How often should a member firm monitor account activity for appropriateness of account
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every 12 months at least
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Red Flags - Unsuitable Recommendations for Senior Citizens
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- Variable Annuities, Equity Index Annuities, Real Estate LLC
- Variable Life Settlements - Complex structured products (CMOs) - Mortgage Residence to obtain investment funds - Usage of retirement savings to invest in high risk investments |
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To Open an Options Account customer is asked what specific questions?
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- Investment Objective
- Investment Experience - Financial Situation - Financial Needs - Marital Status - Net Worth - Liquid Net Worth - Annual Income |
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If all items are not answered on Options account form, who decides if account can be opened?
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Approving Manager
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When is the Options account agreement supposed to be signed and returned?
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no later than 15 days after the account is opened.
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Any changes to Financial Status require signatures of whom?
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RR --> Registered Rep
ROP --> Registered Options Principal (manager of branch office) |
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Before making a Municipal recommendation, a broker dealer must:
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- have reasonable grounds for making recommendation, based upon information available from issuer
- have reasonable grounds to believe that recommendation is suitable for customer |
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If a customer refuses to disclose financial status, what happens in regards to a MSRB?
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- account can be opened
- cannot recommend - CAN make unsolicited trade |
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Who can officially approve new accounts?
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- FINRA branch manager who has passed Series 9 and 10
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What does Series 24 cover
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- Broad supervisor role
- approve customer accounts - trade stocks and muni's - cannot approve options accounts |
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Options accounts can be approved by whom?
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- ROP #4 or #9 and 10
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Muni Bond Accounts can be approved by whom?
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- Muni principal with #53, 9/10, or #24
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When must a customer sign the Margin Agreement?
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At or prior to settlement of first trade in the account
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Joint Tenancy with Rights of Survivorship
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- undivided interest in account
- Tenants of Entirety - most common between husband and wife |
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Tenancy in Common
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- each party specifies a % interest in the account
- if person dies, portion is included in estate and passed on in a will - most common in partnerships |
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TODs are used by Whom?
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Elderly Adults & Second Marriages
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Durable versus Non Durable Power of Attorney
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Durable: mentally incompetant, POA retains control
Non Durable: mentally incompetnet, power ceases |
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Types of Fiduciary Accounts
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- Trust
- Guardian - Administrator of Estate - Conservator for Incompetent - Executor of Estate - Receiver in BK |
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What are the 4 prinicpal items chosen for performing a trade for a customer?
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- Size of trade
- Security - Price of Execution - Time of Execution |
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When is an account considered discretionary?
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if the broker choses more than the price and time of execution
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Rules for Custodian Accounts in UGMA
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- Any adult can open custodian account for a minor without relation
- All securites must be registered in account name (no bearer) - No Free credit balances (cash must be put into a registered fund, ie money market) - One custodian for one minor - Cash account only --> no margin - Gifts are irrevocable - SS of minor is on account - Custodian must act as would a "prudent man" - At legal age, account must be transferred - No third party trading authority |
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What law supersedes UGMA?
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UTMA --> Uniform Transfers to Minors Act
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UTMA allows what kind of assets to be transferred in?
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- real estate
- fine art - copyrights and patents - Basically any kind of asset |
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UTMA vs UGMA on account transfer age
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- UGMA --> legal age (usually 18)
- UTMA --> allows state to set (usually 21) |
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What is a wrap account?
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an account where all account services , including trade executions, asset allocation and portfolio rebalancing are included under the annual management fee
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What licenses are required to manage a wrap account?
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7 & 65 or 66
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When are confirms sent to the customer after a trade?
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no later than the day after the trade
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How often must statements be sent to customer?
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Monthly if a trade took place
Quarterly if no trading activity has occurred |
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How long can mail be held if customer is traveling?
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Domestic = 2 months
International = 3 months |
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How are complaints recorded?
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- Must be written
- must send written acknowledgment no later than 15 days to customer |
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Closing or Transferring an Account
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- Positions validated in 1 day
- Another 3 days to transfer |
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What is the procedure when there is a death of a customer?
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- Cancel all open orders
- Freeze the account from removal of assets - Note that customer is "Deceased" with the date on the account - Await further instructions from the executor of the estate |
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Once an account is closed, how long must new account forms be retained?
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3 years
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Once an account is closed, how long must customer statements be retained?
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6 years
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What does the Patriot Act require firms and financial institutions to do?
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- establish written anti-money laudering programs
- provide ongoing training to all employees in procedures to prevent money laundering; report suspicious transactions and activity |
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In order to open a new account for a customer, the customer's name, dob, address and tax id must be:
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1. obtained prior to account opening
2. independantly verified within a reasonable time before or after account opening |
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To open an options account, the customer must receive the Options disclosure document:
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at or prior to opening the account
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Which of the following signatures must appear on the New Account Form?
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Registered Rep and Manager or Principal
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Stock held in a custodian account is the subject of a rights offering. Which of the following actions are appropriate?
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- Selling the rights and reinvesting the proceeds
- Donating the funds required to exercise the rights - Selling another security in the account and using the proceeds to exercise the rights |
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The MSRB requires that if an employee of another municipal broker-dealer wishes to open an account at your firm:
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Duplicate copies of each confirmation must be sent to the employer
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In order to determine suitability for a day trading account, the member firm must ascertain the essential facts relative to the customer's:
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- Investment objectives
- Investment and trading experience - Financial Situation, including tax status - Age, marital status and number of dependents |
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An individual customer places an order with a broker at 12:30 PM ET to "buy 10,000 shares of ABC stock whenever you think the time is best". This order:
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- must be entered immediately by the representative as a "market-not held" order
- must be filled by the close of the market on that trading day |
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In order to recommend non-managed fee based account to a customer, under FINRA rules, the customer must be provided with a disclosure document when?
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At or prior to, account opening
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A durable power of attorney signed by a customer is:
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- Terminated upon death of customer
- remains in force upon mental incapacitation of the customer |
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What is the purpose of OFAC (Office of Foreign Assets Control)?
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impose economic sanctions against hostile foreign countries and groups
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