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| Section | Weight | Objectives |
|---|---|---|
| State Securities Acts and Related Rules & Regulations | 40% | - Registration of securities and exemptions - Regulation of broker-dealers and agents - Definitions and jurisdiction - Regulation of investment advisers and representatives |
| Regulations of Agents and Broker-Dealers | 25% | - Registration requirements and exemptions - Recordkeeping and reporting obligations - Supervision and compliance responsibilities |
| Regulations of Investment Advisers and Representatives | 15% | - Registration and exclusions - Fiduciary duties and disclosure requirements - Advertising and recordkeeping rules |
| Prohibited Practices and Ethical Obligations | 20% | - Disclosure and fair dealing - Fraudulent and unethical business conduct - Administrative remedies and enforcement |
Question 1
Which of the following actions is the Administrator of a state empowered to take?
A. impose civil penalties in cases of fraud
B. gather evidence
C. require restitution for the victims of a scam
D. The Administrator of a state has the authority to take all of the above actions.
Question 2
Which of the following would not appear on a trade confirmation?
A. the commission
B. the settlement date
C. the client's account number
D. All of the above items appear on a trade confirmation.
Question 3
AllTime Investment Advisers advertises that its phones are manned 24/7, so that a client "doesn't have to lie awake all night worrying about a financial problem." In fact, AllTime does have a answering service that answers calls in the evenings and on the weekends when its offices are closed. The service informs the caller of the firm's business hours, which will be the earliest opportunity the caller will have to talk to an investment adviser representative.
Is this a violation of any securities laws?
A. No. The firm's phones are manned 24/7, so it hasn't lied.
B. It depends. If, before a client signs a contract with the firm, it is made clear that investment adviser representatives are not, in fact, available to him 24/7, then AllTime is in the clear.
C. No. It's not a violation of any securities laws, but the firm probably won't retain many clients this way.
D. Yes. The Uniform Securities Act prohibits investment advisers from making deceptive statements in the solicitation of clients as well as in advising clients.
Question 4
Broker-dealer Nebulous opted to withdraw its registration with the state. Six months later, the Administrator finds that Nebulous had been engaged in fraudulent securities transactions.
Which of the following statements is true?
A. The Administrator has five years from the discovery of the misdeed to take disciplinary action, so Nebulous will have to be on the lookout for a long time to come.
B. The Administrator is only able to take disciplinary action if the misdeeds are discovered within three months of the effective date of the withdrawal, so Nebulous slipped by this time.
C. The Administrator can take disciplinary action against Nebulous for up to one year, so Nebulous is in trouble.
D. The Administrator is unable to take disciplinary action against Nebulous because the self-initiated withdrawal became effective 30 days after the application was filed.
Question 5
Constance is an investment adviser representative. She told one of her clients that he should put at least 15% of his investment monies in a U.S. government bond mutual fund.
She explained that she believed that he required this percentage to meet his liquidity needs, and U.S.
government bond funds are risk-free. A few months later, the client needed to sell some of his fund shares in order to pay some medical bills and was surprised to discover that he lost money on the sale because the net asset value of the fund had dropped.
Was Constance guilty of any securities violations?
A. No. U.S. government bonds are often referred to as risk-free investments, so Constance made no misstatement of fact in telling her client this.
B. Yes. Constance is guilty of fraud. She misled the client into thinking he couldn't lose any money if he invested the money in a U.S. government bond mutual fund.
C. Yes. Constance should never recommend that a client invest such a high percentage of his investment monies in a U.S. government bond mutual fund.
D. It depends. If Constance realized that the client could lose money in a U.S. government bond fund, then she is guilty of fraud, but if she did not herself realize that, then she is merely misinformed.
Solutions:
| Question 1 Answer: B | Question 2 Answer: D | Question 3 Answer: D | Question 4 Answer: C | Question 5 Answer: B |
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