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

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Questions # 1:

Most individual state securities laws today are based on:

Options:

A.

the Uniform Securities Act of 1956.

B.

the Uniform Securities Act of 2002.

C.

the National Securities Markets Improvement Act of 1996.

D.

the Gramm-Leach-Bliley Act of 1999.

Questions # 2:

Cal Turner calls his client and recommends that the client sell his shares in the Alpha High Quality Bond Fund and use the proceeds to buy shares in the Omega High Quality Bond Fund. Cal has done nothing unethical if his recommendation is based on the fact that

Options:

A.

the Alpha Fund has a back-end load.

B.

the Omega Fund has a front-end load.

C.

the Alpha Fund has been performing poorly relative to other funds in the same category.

D.

It would always be unethical for Cal to recommend that a client sell shares in one fund in order to buy shares of another fund that has the same investment objective.

Questions # 3:

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

Options:

A.

I, II, III, and IV

B.

I, II, and III

C.

I, III, and IV

D.

I, II, and IV

Questions # 4:

The Turnover Corporation, a firm with 25,000 employees, has recently hired 50 new employees, many of whom have been hired to replace middle-level managers who have retired. Turnover has omitted this fact from its prospectus. Turnover is guilty of

Options:

A.

fraud.

B.

misrepresentation.

C.

misusing insider information.

D.

nothing. The hiring of 50 new employees by a firm with 25,000 employees is not a material fact.

Questions # 5:

George Geek is a computer programmer who tired of working for others and started his own company. He convinced forty investors that he could design software that would rival Microsoft, and sold them each a 10% partnership interest in his firm for $25,000. He designed and printed up the partnership certificates himself. George told the investors that he had a product that was on the verge of being marketable and that when it did-within the next two months-revenues would pour into the company, and he would begin paying dividends. He told them they could expect a 20% return on their money this year, with even higher returns in the years to come. As it turned out, George wasn’t quite the programmer he thought he was, and he wasn’t able to get all the bugs out of the program to make it marketable within the promised two months.

Within a year, George had tired of the project and was too busy picking up chicks in his new Corvette when he wasn’t on the island of St. Bart overseeing the construction of his new beach mansion-and picking up chicks. His activities, of course, were financed by the extremely generous “salary” he paid himself from the investors’ monies.

Under the Uniform Securities Act, do the investors have any civil claims against George?

Options:

A.

Yes. They can sue George for the return of their original investment, plus interest. George would also have to pay their court costs and attorneys’ fees and any amounts assessed by the court for “pain and suffering” on the parts of the clients.

B.

No. It wasn’t George’s fault that he was unable to do what he promised. Even if it wasn’t for.

C.

Yes. They can sue George for the return of their original investment, plus interest. George would.

D.

No. The Uniform Securities Act only involves securities laws and partnership interests are not.

Questions # 6:

AllTime Investment Advisers advertises that its phones are manned 24/7, so that a client “doesn’t have to lie awake all night worrying about a financial problem.” In fact, AllTime does have a answering service that answers calls in the evenings and on the weekends when its offices are closed. The service informs the caller of the firm’s business hours, which will be the earliest opportunity the caller will have to talk to an investment adviser representative.

Is this a violation of any securities laws?

Options:

A.

No. It’s not a violation of any securities laws, but the firm probably won’t retain many clients this way.

B.

Yes. The Uniform Securities Act prohibits investment advisers from making deceptive statements in the solicitation of clients as well as in advising clients.

C.

No. The firm’s phones are manned 24/7, so it hasn’t lied.

D.

It depends. If, before a client signs a contract with the firm, it is made clear that investment adviser representatives are not, in fact, available to him 24/7, then AllTime is in the clear.

Questions # 7:

Joe Treader is the owner of a small, state-registered investment advisory firm that is on the verge of becoming insolvent. One of his clients who has become like a mother to him is aware of his financial difficulties and has offered to sell off some of the assets that he manages for her and loan him the money to get him through this period of economic uncertainty until he is able to get on his feet again.

Can Joe take her up on her offer?

Options:

A.

Yes. Based on the facts presented, it is an unsolicited offer and, as such, Joe can (and should) accept it.

B.

Yes, but only if Joe draws up a formal loan agreement with a fair interest rate, based on the going market rates, stated in the agreement as well as a firm date for principal repayment.

C.

No. As the client’s investment adviser, he has a fiduciary relationship with the client. Entering a loan agreement with this client could lead to conflicts of interest.

D.

Both A and B are true.

Questions # 8:

Which of the following statements is false?

Options:

A.

A state cannot require a higher minimum net capital for broker-dealers than the amount specified by the Securities Exchange Act of 1934.

B.

A state cannot require a higher minimum net capital for investment advisers than the amount specified by the Investment Advisers Act of 1940.

C.

The minimum net capital requirement for investment advisers that take custody of their clients’ assets is higher than the net capital requirement for advisers who do not take custody of the assets.

D.

None of the above statements is false; all are true statements.

Questions # 9:

Carrie is a registered agent employed by CanDo Broker-Dealers. Her uncle is a minister who regularly refers his parishioners to Carrie, in return for which Carrie has agreed to donate a quarter of her commissions from these transactions to the parish.

Is Carrie doing anything illegal?

Options:

A.

No. Carrie is just donating some of her commissions back to the church, and transactions with

B.

Yes. Carrie is splitting her commissions with an entity that is not affiliated with her broker-dealer

C.

It depends. As long as the church parishioners are aware of the arrangement between Carrie and

D.

It depends. If the church itself is a client of CanDo’s, then it is considered to be affiliated with

Questions # 10:

To continue operating as an agent, broker-dealer, investment adviser, or investment adviser representative next year, you must pay the filing fee to renew your license with the state Administrator by

Options:

A.

January 15th of the new year.

B.

January 30th of the new year.

C.

December 31st of this year.

D.

the anniversary date of the original issue date on your license.

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