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| Section | Weight | Objectives |
|---|---|---|
| Topic 1: Regulations of Agents and Broker-Dealers | 25% | - Supervision and compliance responsibilities - Recordkeeping and reporting obligations - Registration requirements and exemptions |
| Topic 2: Prohibited Practices and Ethical Obligations | 20% | - Administrative remedies and enforcement - Fraudulent and unethical business conduct - Disclosure and fair dealing |
| Topic 3: State Securities Acts and Related Rules & Regulations | 40% | - Regulation of broker-dealers and agents - Registration of securities and exemptions - Definitions and jurisdiction - Regulation of investment advisers and representatives |
| Topic 4: Regulations of Investment Advisers and Representatives | 15% | - Advertising and recordkeeping rules - Fiduciary duties and disclosure requirements - Registration and exclusions |
Question 1
John Ketchum is an investment adviser representative with Load Investment Advisers, which has a family of load funds that it encourages its representatives to promote. Representatives of the firm that sell shares in these funds to their clients receive a greater share of the load than they do if they sell load funds offered by other firms.
Based on these facts, which of the following statements is true?
A. If, after reviewing the information form a client has filled out, John believes that one of Load's funds is an appropriate investment, John can recommend that the client invest in that fund. There is no disclosure requirement necessary if the recommendation is a sound one that can be proved to be based on the client's specific situation.
B. Both A and B are true.
C. John is obligated to try to sell his clients the funds offered by Load first since he is affiliated with them and has a fiduciary responsibility to them.
D. John must provide his clients with a written disclosure that he will receive a greater remuneration for selling shares in the Load family of funds than if he sells them shares in other funds before he provides his clients with any investment advice.
Question 2
Although an Administrator has broad powers, he or she cannot:
A. gather evidence.
B. issue subpoenas involving compulsory attendance.
C. formulate rules and orders.
D. deliver a judicial injunction.
Question 3
An investment adviser may not
A. take a position-either long or short-in securities in which any of its clients have a position.
B. also be registered as a broker-dealer in the state.
C. accept any kind of soft dollar compensation for using certain broker-dealers to execute trades on their clients' accounts.
D. recommend a stock to a client that the adviser itself holds without disclosing to the client that the adviser owns the stock.
Question 4
Which of the following is not a security, as defined by the Uniform Securities Act?
I. an option contract
II. a futures contract on gold
III. a 401K plan
IV. a variable annuity
A. Only Selection III is not a security.
B. None of the selections listed are securities.
C. Only Selections II and III are not securities.
D. Selections II, III and IV are not securities.
Question 5
Iggy recently started his own company. He soon discovered it required more cash to keep it going than he had anticipated. He ran an ad in the local paper for investors and got a response. He found a template for a promissory note on the internet, filled in the requisite information specific to the agreement he and the investor had worked out, and printed it out. On it, he promised to make monthly interest payments of 2% on the loan and to repay the principal amount at the end of 18 months. A few months after the arrangement, Iggy read an article in a small business publication that indicated that promissory notes had to be registered with the state unless they were sold in an exempt transaction, such as one enacted with a financial institution, prior to being offered for sale. The article indicated that a seller who had sold an unregistered note in error could remedy the situation by sending the buyer a formal offer to buy the security back, with interest. Iggy turned to the computer once again, found a form that could be used for a formal offer of rescission, filled it out, and sent it to the investor. Having done this,
A. Iggy will not be assessed any penalties by the Administrator of the state, but the investor can still sue for damages in civil court.
B. Iggy must wait 6 months for a response from the investor. If no response is received by the end of 6 months, Iggy is off the hook.
C. Iggy cannot be sued for civil damages if the investor fails to respond to the offer within 30 days.
D. Iggy must follow up with a second notice sent via registered mail if he has not heard from the investor within 30 days.
Solutions:
| Question 1 Answer: D | Question 2 Answer: D | Question 3 Answer: D | Question 4 Answer: C | Question 5 Answer: C |
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