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FINRA Series-63 - Uniform Securities State Law Examination

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Total 251 questions

You had the misfortune of working as a registered agent for an unscrupulous broker-dealer. You weren’t privy to any of it, but apparently, your broker-dealer was guilty of some fraudulent activities and has had his license revoked. In this instance,

A.

you can simply find another broker-dealer to hire you and have your license transferred to him.

B.

you are no longer a licensed agent with the state and must reapply for a license in order to work for another broker-dealer.

C.

the state Administrator will assign you and any other affected agents to work for other broker-dealers registered with the state.

D.

you must wait until the broker-dealer’s day in court before you can work in the securities industry again because the Administrator will want to be certain that you knew nothing of it.

Under the Uniform Securities Act, which of the following does not need to be included when filing to register a security issue with the state?

A.

a copy of the firm’s articles of incorporation and bylaws, or the equivalent

B.

copies of the underwriter agreements

C.

a copy of any indenture applying to the security being registered

D.

All of the above documents must be included when filing to register a security with the state.

Today’s edition of the Wall Street Journal carried a front page story regarding a federal lawsuit that has been filed against a software manufacturer for monopolistic practices. The CFO of the company called his broker today and sold some of the shares he owns in the company.

Which of the following statements are true?

I. The CFO is guilty of illegal insider trading.

II. If the agent who effected the transaction for the CFO knew he was CFO of the software company, the agent is guilty of illegal insider trading.

III. The broker-dealer for whom the agent works may have its license suspended or revoked if its agent has knowingly executed this illegal insider trade for not having supervised the agent properly.

A.

I only

B.

I and II only

C.

I, II, and III

D.

None of the statements is true.

Investment Adviser Foo Lish, LLC has begun serving as a custodian of its clients’ assets. Foo Lish, LLC must now

I. file a new U-5 form with the Administrator.

II. meet higher net capital requirements than before.

III. file an updated Form ADV with the Administrator.

IV. pay a CPA to do an annual unannounced audit of the firm.

A.

I, II, III, and IV

B.

II, III, and IV only

C.

II and III only

D.

I and II only

Which of the following does not necessarily have to be included in the contract between an investment adviser and an individual client, according to the Uniform Securities Act (USA)?

A.

the compensation agreement, which cannot be a percentage of the capital gains or capital appreciation earned on the portfolio for all but the wealthiest of individual clients.

B.

a statement stipulating that the contract cannot be assigned to another party without the client’s consent

C.

if the investment adviser is a partnership, a statement indicating that the client will be notified

D.

if there is any change in the partners within a reasonable time perioda statement of the investment policy that has been agreed upon between the adviser and the client

Mr. Teche is an agent with broker-dealer CanDo, and his only compensation is the commissions he earns on trades he executes. He has applied for and been granted an adjunct teaching position with a local university that will allow him to earn money while he is establishing himself.

Which of the following statements are true?

A.

As an agent with broker-dealer CanDo, Mr. Teche must notify CanDo in writing of this position prior to accepting it.

B.

CanDo can deny Mr. Teche permission to accept the adjunct teaching position.

C.

Mr. Teche is, in essence, an independent contractor with broker-dealer CanDo and can engage in any other business activity at will.

D.

Both A and B are true.

It has come to the attention of the Administrator of the state that Samuel Shyster provided false information on his application to become a registered investment adviser with the state. Prior to revoking Samuel’s license, the Administrator will provide Samuel with which of the following?

I. prior notice

II. an opportunity to fill out a new registration statement

III. an opportunity for a hearing

IV. a written statement regarding the facts and the legal consequences

A.

I, II, III, and IV

B.

I, II, and III

C.

I, III, and IV

D.

I, II, and IV

S. White and Associates is an investment adviser registered in the state of Kentucky and, as such, is meeting Kentucky’s minimum net capital requirement for investment advisers. The firm recently registered with the state of Virginia and has opened an office there. Virginia has a significantly higher net capital requirement for its investment advisers.

Which of the following statements is true?

A.

According to the Uniform Securities Act, S. White will have to meet Virginia’s higher requirement.

B.

According to the Investment Advisers Act of 1940, S. White needs only to meet the net capital requirement of Kentucky.

C.

According to the Securities Exchange Act of 1934, S. White needs to meet at least the minimum net capital requirement specified by that Act since it is now operating in multiple states.

D.

According to the Investment Advisers Act of 1940, S. White will have to maintain a minimum net capital equal to the average of the net capital requirements of the two states.

An individual who represents a broker-dealer in the buying and selling of securities is called a(n):

A.

underwriter

B.

issuer

C.

agent

D.

administrator

uestion No: 157

An investment adviser may act as a custodian for a client’s securities if

I. the Administrator of the state doesn’t have a rule prohibiting custodial arrangements.

II. he informs the state Administrator in writing that he will be acting as a custodian for the client.

III. he arranges to pay an independent certified public accountant to perform an unannounced audit of his books each year so that the accountant can report his findings to the state Administrator.

A.

I only

B.

I and II only

C.

I and III only

D.

I, II and III