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Index Annuities, Fixed Annuities
Are Not considered securities
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Self Regulatory Org's (SRO's)
non- government entity, they have the power to create and enforce the industry regulations and standards.
There priority is to promote ethics and equality and to protect investors.
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Finra
Established and enforces it own rules, regulations and membership standards.
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Finra Processes applications
within 180 calendar days from the date FINRA receives the completed app.
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Membership Interview
- Receive in writing within 30 days
- applicant will have 60 days to respond
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The regristration of the precedessor B/D will cease to be effective as the regristration of the new B/D
45 Days after form BD is filled by the successor
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Investor Protection and Education
Has to send out something in writing atleast once a year. such as a public disclosure program
- - Finra 1-800 #
- -finra website
- -Brokercheck info
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Statutory Disqualification
Previous 10 years by the SEC, another SRO, a foreign reg. or foreign equivalent of an SRO
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Staturory Disqualificaion - Individual
- willful misstatements of facts in a app for membership or regristration
- - felony conviction involvng securities or money within the past 10 yrs
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MC - 400
MC - 400A (Company)
Filing fee is $1500
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Tier 1
- Most Serious offenders and requires annual exams
- `annual fee of $1500 to Finra
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Tier II
- for disqualifyng misconduct of less serious nature
- ~$1000 fee per year
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Tier III
Indiv & Members without supervision. no special requirements
~No Fee
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Associated Person Registration
Principal verifies applicant employment for the past 3 years and attest to the character and reputation of the person
- ~ Five year residency history
- ~10 year employment (principal verifies the last 3)
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Maritial Status & Education
Not required on the U4
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U4 Changes
material changes must file no later than 30 days after becoming aware.
~if it's results in a SD, must amend with 10 Business Days
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U5
Must let the CRD know within 30 days
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New employer requesting a copy of the U5
The EMPLOYEE must produce it within 2 BUSINESS DAYs of the request
~the old employer is not req. to send it to the new employer
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Active Military
Will be placed on hold until 90 After returning from serivce (must notifiy finra when you return). If they don't, the standard 2 years applies.
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TAPING RULE
Once advised, they are required to get up and running within 60 days
Must maintain the records for 3 Years
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EXEMPT from regristration with Finra
- Clerical
- not actively engaged in invst bank or securities activities
- Silent Partners
- solely executing transactions in municipals sec. or commodities
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Foreign Associates - Not a citizen or residents of the US, who conducts all of their securities in areas outside the jurisdiction of the US
Must register with FINRa but are exempt from having to pass an exam
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Fail an exam
1st - 30 Days
2nd - 30 Days
3rd - 180 Days (6 Months)
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Regristered Reps
- Assoc. persons engaged in the securities business
- =assistant officer who does not func as princ.
- =indiv who supervises, solicits, conducts biz in securities
- =indiv who trains people to supervise, solict or conduct biz in securities. (stating they must be licensed)
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Series 6
can only sell closed end funds only as a new issue, once traded in the 2ndary mkt they can't sell them
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Series 11/ Sales Assistant
Cant receive commissions for any transactions
~can give quotes and process orders, but can't solicit
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EXEMPTIONS
advisers who maintain offices in only 1 state, clients are all in that state, dont give advice on securities listed on any exchange
~Clients are all Insurance Co's.
- ~Private fund advisers, only give advice to private funds with AUM of less than $150M in the US
- ~Foreign Adv with no place of Biz in the US, but have less than 15 US clients and AUM of less than $25M
- ~advisers to Venture Capital funds
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EXCLUSIONS
- ~Banks and Bank holding Co's.
- ~Publishers of bona fide newspapers or reg circualating mags, wall street journal, biz week
- ~B/D incidental to their business, receive no special comp for the advice
- ~Person advise only on US Gov or agency securities
- ~Lawyers, Accountants, Teachers, Engineers
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Investment Adiv register 1940
AUM - REgister
Register with the SEC
Persons with $110 Million or More in AUM
Less than $100M reg - STATE
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