Pass the FINRA Uniform Securities State Law Series-63 Questions and answers with CertsForce

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Viewing questions 11-20 out of questions
Questions # 11:

Mr. and Mrs. Cleaver are nearing retirement and have made an appointment with Mr. Eddie, an investment adviser representative who works for Haskell Investment Advisers, to get advice on how they can better structure their investments to meet their retirement goals. Their son, Theodore, who has recently graduated college and has a great job as a software writer for a video game company, accompanies them. Mr. Eddie explains that the main goal of any plan is diversification and recommends that Mr. and Mrs. Cleaver spread their investment monies equally among six load mutual funds that Mr. Eddie can sell them. He suggests that Theodore follow suit and invest any monies he has equally among the same ten funds.

Has Mr. Eddie done anything wrong?

Options:

A.

Yes. Mr. Eddie has advised his clients to invest in load funds when no load funds are clearly better investments.


B.

No. Diversification should, in fact, be the goal, and he has advised a well-diversified plan for his clients.


C.

Yes. Clients who are ready to retire have different investment needs than a client who is just entering the work force. The recommendation that both Theodore and his parents have the same asset allocation is clearly unsuitable.


D.

Yes. Mr. Eddie is guilty of misappropriation, a prohibited practice.


Expert Solution
Questions # 12:

on No: 239

A tombstone advertisement is

Options:

A.

an offer to sell a new security.


B.

the announcement of a new security that may become available for purchase.


C.

the only type of advertisement that an investment advisory firm is allowed to use.


D.

an offer to sell a new security that is being issued by an Arizona firm.


Expert Solution
Questions # 13:

Which of the following is not considered to be a person, as defined by the Uniform Securities Act?

Options:

A.

a 16-year old cheerleader


B.

a law firm that is organized as a partnership


C.

a corporation


D.

a school district


Expert Solution
Questions # 14:

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,

Options:

A.

Iggy cannot be sued for civil damages if the investor fails to respond to the offer within 30 days.


B.

Iggy must follow up with a second notice sent via registered mail if he has not heard from the investor within 30 days.


C.

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.


D.

Iggy will not be assessed any penalties by the Administrator of the state, but the investor can still sue for damages in civil court.


Expert Solution
Questions # 15:

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?

Options:

A.

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.


B.

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.


C.

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.


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.


Expert Solution
Questions # 16:

Which of the following scenarios would not be considered a “sale,” as defined by the Uniform Securities Act (USA)?

I. Yoshito owned shares of Minnow Corporation and received shares of Whale Corporation from Whale when it merged with Minnow.

II. Olivia’s uncle, an agent with SecureMoney Brokers, sold Olivia ten call options on the stock of Microsoft.

III. Hans purchased a bond of Indebted Corporation that had detachable warrants and subsequently sold the warrants.

IV. Tom pledged some shares of stock he owned personally to secure a business loan for his company.

Options:

A.

Neither I nor II would be considered sales.


B.

Neither II nor III would be considered sales.


C.

Neither I nor IV would be considered sales.


D.

Neither III nor IV would be considered sales.


Expert Solution
Questions # 17:

Which of the following describes an investment adviser that is not required to register with the state Administrator?

Options:

A.

MoeMoney Investment Advisers, LLC has an office in the state with a client base of fifty individuals.


B.

Financial Freedom Investment Advisers has no offices in the state although it does advise six wealthy individuals who are residents of the state.


C.

CanDo Broker-Dealers is a state-registered broker-dealer. It has begun to offer asset management services to a few of its wealthier clients for a small management fee equal to 0.1% of the assets under management.


D.

Buckeye Investment Advisers has no offices in the state, but it provides portfolio management services to an insurance company located in the state.


Expert Solution
Questions # 18:

The state official who has regulatory authority over the securities industry within the state is known as the

Options:

A.

attorney-general.


B.

administrator.


C.

investor-protection officer.


D.

secretary of state.


Expert Solution
Questions # 19:

Under NASAA Model Rules, it is permissible for the registered representative of a broker-dealer to split his or her commission with

I. a client.

II. the broker-dealer with which the registered representative is affiliated.

III. another registered representative working for the same broker-dealer.

IV. the administrative assistant who directs calls to the registered representative and provides other services for the agent.

Options:

A.

I, II, III, and IV


B.

I, II, and III only


C.

II, III, and IV only


D.

II and III only


Expert Solution
Questions # 20:

Shady Corporation’s executives are concerned over the firm’s steadily declining stock price and decide to do something about it. They each decide to make significantly large purchases of their firm’s stock in order to stabilize and hopefully even to drive up its price, reasoning that they can sell the stock for the higher price down the road and profit from the transaction. You are a broker-dealer for the firm’s executives.

Are Shady’s executives planning to do anything illegal?

Options:

A.

No. It’s a win-win. They are using their own money to buy stock of their firm, and this can help drive the stock price up and put profits in their pockets.


B.

Yes. To purchase shares of their own company is considered to be illegal insider trading.


C.

No. As long as they follow the rules and report their purchases to the SEC, it is not illegal for them to purchase shares of their firm’s stock.


D.

Yes. Although it is not illegal for them to purchase shares of their firm’s stock, they cannot do so in order to try to manipulate the price of the stock.


Expert Solution
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