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| Section | Weight | Objectives |
|---|---|---|
| Topic 1: Regulations of Investment Advisers | 5% | - Definition under Uniform Securities Act - Recordkeeping and reporting rules - Registration and exemptions |
| Topic 2: Regulations of Securities and Issuers | 10% | - Disclosure and anti-fraud requirements - Registration methods: coordination, qualification, filing - Definition of securities - Exempt securities and exempt transactions |
| Topic 3: Administrative Provisions and Remedies | 15% | - Judicial review and appeals - Investigations, subpoenas, and orders - Civil and criminal liabilities - Powers of state securities administrators |
| Topic 4: Ethical Practices and Fiduciary Obligations | 40% | - Prohibited business practices - Customer suitability and disclosure - Handling of customer funds and securities - Advertising and communication rules - Conflicts of interest and compensation - Anti-fraud provisions and misrepresentation |
| Topic 5: Regulations of Agents of Broker-Dealers | 13% | - Termination and notice requirements - Definition and scope of activities - Exemptions from registration - Registration procedures and Form U4 |
| Topic 6: Regulations of Broker-Dealers | 12% | - Exclusions and exemptions from registration - Registration and post-registration requirements - Definition and legal status - Supervision and compliance obligations |
| Topic 7: Regulations of Investment Adviser Representatives | 5% | - Exclusions and exemptions - Definition and activities requiring registration - Registration and post-registration duties |
1. Bootstraps, Inc. is a family-owned business that has experienced enormous growth in the last couple of
years. The business needs more cash to support this growth and has decided to issue some promissory
notes, each with a face value of $5,000, for sale to the general public. The firm plans to hire three
individuals to help them sell these notes. These individuals will earn a commission based on the notes
they sell. Given these facts, which of the following is true?
A) Neither the notes nor the individuals selling the notes need to be registered with the state.
B) The notes must be registered with the state, but the individuals hired to sell them are not required to be
registered.
C) The notes must be registered with the state, and the three individuals hired to sell the notes must be
registered as agents with the state.
D) Either the firm must register the notes with the state, or the individuals that are hired to sell the notes
must be registered as agents with the state, but not both.
2. Mr. L. Ranger is an agent for a broker-dealer and has overheard "talk" that a merger between two
well-known high-tech companies is about to take place. Mr. Ranger knows that, on average, in these
instances the target firm's price spikes. He calls his client and good friend, Mr. Tonto, and tells him of the
rumor, suggesting that Tonto might want to buy shares in the target firm. He tells Mr. Tonto that if the
rumor isn't true, the target firm's price may not spike at all and may, in fact, decline, and suggests that Mr.
Tonto not invest any money he isn't willing to lose. Mr. Ranger knows that his friend likes to gamble, and
decided he wouldn't be much of a friend if he didn't inform Tonto of this potential opportunity. Has Mr. L.
Ranger violated any laws or engaged in any prohibited practices?
A) Yes. Mr. Ranger is privy to knowledge that is not available to the general public and both he and Mr.
Tonto will be guilty of illegal insider trading if Mr. Tonto trades on Mr. Ranger's information.
B) Yes. Mr. Ranger has engaged in fraud in telling Mr. Tonto about the rumor, given that the merger hasn't
been officially announced by the two companies.
C) No. Mr. Ranger and Mr. Tonto are friends, so there can be no violations of any laws or practices
because of their non-business relationship.
D) No. Mr. Ranger has informed Mr. Tonto that the merger is just a rumor and has informed him of the risk
involved. Mr. Ranger is knowledgeable about his friend's risk tolerance level as well and recognizes this
investment as one his good friend might want to take.
3. Gazillions is an investment adviser with offices in the state that is registered with the SEC and has $100
billion dollars under management. A client has filed a complaint asserting that the firm has been involved
in fraudulent activities. In this case,
A) Gazillions has to answer to both the SEC and the state in which the complaint was filed.
B) Gazillions only has to answer to the state in which the complaint was filed.
C) Gazillions only has to answer to the SEC regarding the allegations. Since it is a federal covered
investment adviser, it need not respond to any state-issued requests for information.
D) Gazillions is in trouble for not registering with both the state and the SEC given the amount of money it
has under management.
4. In which of the following scenarios is an investment adviser representative required to disclose the fact
that someone other than the representative performed the research on which his advice to the client is
based?
I. The investment adviser representative recommends the same asset allocation for his client that a buddy
of his did after his buddy had done some research for a client with similar characteristics.
II. The investment adviser representative provides a recommendation for his client based on research
provided by a broker-dealer that provides the investment adviser with its analysts' recommendations in
return for trades that the investment adviser executes using the services of the broker-dealer, as well as a
couple of other research sources he finds on the internet.
III. The investment adviser representative submitted his client's information to a data base that provided a
recommendation for the asset allocation of the client's investment monies that the adviser deemed was
sound and, therefore, recommended it to his client.
A) I only
B) I and III only
C) II only
D) III only
5. Alter Advisers & Associates is a small investment adviser partnership registered only in a single state.
One of the partners has died, and the surviving spouse has sold that partnership interest to the surviving
partners. Which of the following statements are true?
I. Alter Advisers must inform the state Administrator of this event.
II. Alter Advisers must inform the SEC of this event.
III. Alter Advisers must notify the firm's clients of this event.
A) I and II only
B) I only
C) I and III only
D) I, II, and III
Solutions:
| Question # 1 Answer: C | Question # 2 Answer: D | Question # 3 Answer: A | Question # 4 Answer: B | Question # 5 Answer: C |
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