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Free Finra Uniform Securities State Law Examination Series-63 Exam Questions

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Question 1

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.

Correct Answer: C. I and III only
Explanation:

Only Selections I and III are correct. If one of the partners dies, Alter Advisers must inform both the state Administrator and the firm's clients of this event. This represents a change in the partnership. The SEC need not be notified since Alter Advisers is not registered with the SEC.


Question 2

Cassie Clueless has recommended that a client purchase shares of a mutual fund prior to its ex-dividend date, so that the client will receive the dividends when they are distributed.

In which of the following situations might this recommendation be justifiable and not in violation of NASAA rules?

I . The investor has refused to provide Cassie any information regarding his investment goals.

II . The investor is a young professional with an investment goal of long-term capital appreciation.

III . The investor is a retiree in a low tax bracket and needs current income to augment her social security check.

Correct Answer: C. III only
Explanation:

If Cassie makes her recommendation based on the scenario described in Selection III, she is not violating any NASAA rules. It is advantageous for an investor who is a retiree in a low tax bracket and needs current income to augment her social security check to buy shares of a mutual fund before its ex-dividend date in order to receive the dividend income. The NASAA rule states only that an agent cannot indicate that the purchase of shares of a mutual fund prior to the ex-dividend date would be advantageous to the client ''unless there are specific, clearly described tax or other advantages to the customer.'' It would be unethical for Cassie to recommend this strategy to an investor whose investment goals were unknown to her, as in Selection I, or to an investor who is looking for long-term capital appreciation and has no need for the dividend income--which will be taxable--as in Selection II .


Question 3

Skip is a registered agent with state. He recently quit his job with Venus Broker-Dealers to become affiliated with Mars Broker-Dealers.

Which of the three entities must report this change to the state Administrator?

Correct Answer: D. Skip, Mars, and Venus
Explanation:

When Skip leaves one broker-dealer and signs on with another, all three entities-Skip, Mars, and Venus-must report this to the state Administrator. Under the Uniform Securities Act, when an agent leaves a broker-dealer, both the agent and the broker-dealer are required to report this to the state Administrator, and when an agent begins employment with a new broker-dealer, both the agent and the new broker-dealer must report it.


Question 4

Which of the following statements regarding an investment adviser representative who has an office in the state is true?

Correct Answer: B. Regardless of whether the investment adviser is registered with the SEC or is registered with the state, all investment adviser representatives of the firm must be registered with the state if they have offices in the state.
Explanation:

Regardless of whether the investment adviser is register with the SEC or is itself registered with the state, all of its investment adviser representatives (IARs) are required to register with the state if they operate a place of business in the state.


Question 5

Registered agent Ina Scent has had her license suspended by the state Administrator prior to an administrative hearing on the order.

Which of the following statements is true regarding Ina's situation?

Correct Answer: C. Ina can make a written request that a hearing on the issue be scheduled within fifteen business days of her request and may not continue working with clients unless the Administrator vacates the order until final determination.
Explanation:

When Ina receives notice of her license suspension, she can make a written request that a hearing on the issue be scheduled within fifteen business days of her request. She cannot continue working with clients unless the Administrator vacates the order until final determination because her license is still suspended pending final determination. If, after the hearing, the order still stands, Ina can file an appeal of the suspension with a court of law if she does so within 60 days.


Question 6

Under which of the following scenarios can a client legitimately sue a purported professional in the securities industry and expect an award for damages?

I . The securities were sold by an agent whose registration was not yet effective with the state, but who had already applied for registration.

II . The security was a variable annuity, and the sales representative neglected to reveal the details of the surrender clause to the client.

III . The security was the stock of a company, the stock had recently been registered with the state for sale, had been granted registration, and the selling agent had told his client that the security had been state-approved for sale.

Correct Answer: D. I, II, and III
Explanation:

All of the selections are scenarios describing instances in which a client can legitimately sue a purported professional in the securities industry and expect an award for damages. A client can legitimately sue a purported professional in the securities industry and expect an award for damages if the agent is not yet effectively registered to effect securities transactions in the state; if the professional has neglected-intentionally or otherwise-to inform the investor of all the relevant information involving the security, such as any surrender clause involved; or if the agent has indicated that a state-registered security has in any way been approved by the state.


Question 7

Which of the following would not be found in a tombstone advertisement?

Correct Answer: A. the price at which the security will be offered
Explanation:

The price at which the security will be offered will not be found in a tombstone advertisement. A tombstone advertisement is not an offer to sell the security and, in any case, it is unlikely that the final offer price will have even been decided on at this point.


Question 8

Finn Nance has recently passed his CFP exam and is now a certified financial planner. He has new business cards printed that have the words ''Certified Financial Planner'' printed under his picture. In doing so,

Correct Answer: A. Finn has not violated any laws or engaged in any prohibited practices.
Explanation:

Finn has not violated any laws or engaged in any prohibited practices in using the words ''Certified Financial Planner'' on his business cards. Had he indicated he had been certified or approved by the state, he would have been in violation, but he is allowed to indicate a certification with a professional organization in any advertising literature.


Question 9

In accordance with the National Securities Markets Improvement Act of 1996, which of the following is a federal covered adviser and, therefore, exempt from registering with the state Administrator?

I . An adviser who does business in 26 states.

II . An adviser who manages the portfolio of a mutual fund that is registered with the SEC.

III . An adviser with $35 million in assets under management

Correct Answer: C. II and III only
Explanation:

The advisers described in Selections II and III are federal covered advisers and, therefore, exempt from registering with the state Administrator. An adviser who advises a registered investment company, as in Selection II, and an adviser with over $30 million in assets under management, as in Selection III are exempt. In order to be exempt from registration, the adviser in Selection I would have to be doing business in more than 30 states.


Question 10

Which of the following is an example of a non-issuer transaction?

Correct Answer: B. Jose purchases a 10-year bond issued by Progress Energy when it has 6 years remaining to maturity.
Explanation:

When Jose buys a 10-year bond that has 6 years remaining to maturity, it is a non-issuer transaction since he is buying it in the secondary market from another investor, and Progress Energy does not benefit from the transaction. If a firm receives money when its securities are sold, it is considered an issuer transaction; otherwise it is a non-issuer transaction. When Progress Energy originally issued the bond, it had ten years to maturity, and Progress Energy received the proceeds from the bond issue; that was an issuer transaction. When Jose buys the bond, another investor is receiving the proceeds. When IBM sells new bonds, regardless of whether it is to the general public or to an institutional investor, IBM receives the proceeds from the transaction, so it is an issuer transaction. Similarly, when a firm that is already publicly held, like Google, sells more shares, the firm receives money from the sale, just as when a firm that is going public for the first time, like NewCorp, receives the proceeds generated through the IPO. Those are examples of issuer transactions.


Question 11

In which of the following cases is an investment adviser allowed to be compensated with a share of the capital gains of the client's portfolio?

I . The client is a mutual fund.

II . The client is a credit union.

III . The client is a private client whose minimum net worth is $1 million or more.

IV . The client is a private client who has at least $750,000 invested through the investment adviser.

Correct Answer: C. I, II, and IV only
Explanation:

Selections I, II, and IV are correct. An investment adviser is permitted to be compensated with a share of the capital gains of the client's portfolio if the client is a mutual fund, a credit union, or a private client with at least $750,000 invested through the investment adviser. More generally, the adviser can charge a fee based on the capital appreciation of the portfolio if the client is an institutional investor, a private client with a net worth of at least $1.5 million, or a private client with at least $750,000 invested with the investment adviser.


Question 12

Blue Sky Laws are designed to:

Correct Answer: A. protect investors from fraud in their securities market transactions.
Explanation:

The main purpose of Blue Sky Laws is to protect individual investors from fraud in their securities market transactions. Requiring the registration of new security issues and the registration of those persons who advise individual investors as well as those involved in the purchase and sale of securities to the public are just some of the regulations designed to do this. There are no provisions designed to protect agents, broker-dealers, or investment advisers and their representatives in any regard.


Question 13

Maddie, a registered agent affiliated with broker-dealer QuikDeals, quit her job on the spur of the moment.

Under the guidelines of the Uniform Securities Act (USA), who is responsible for notifying the Administrator?

Correct Answer: D. Both QuikDeals and Maddie are responsible for notifying the Administrator.
Explanation:

Under the guidelines of the USA, when Maddie quits her job as a registered agent with QuikDeals, both QuikDeals and Maddie are responsible for notifying the Administrator. Both the broker-dealer and the agent involved are required to notify the Administrator whenever an agent begins or ends her association with the broker-dealer.


Question 14

You execute a stock transaction for a client on Thursday, September 23rd. The settlement date on the order ticket will be

Correct Answer: D. Tuesday, September 28th.
Explanation:

If you execute a stock transaction for a client on Thursday, September 23rd, the settlement date for that trade will be Tuesday, September 28th, which is T + 3, meaning three business days after the trade date.


Question 15

An investment adviser or its representative may

Correct Answer: B. exercise discretionary power in the purchase or sale of securities for a client's account as long as it receives written discretionary authority over the account within 10 business days of the first discretionary transaction placed, assuming oral authority has already been given.
Explanation:

An investment adviser or its representative may exercise discretionary power in the purchase or sale of securities for a client's account as long as it receives written discretionary authority over the account within 10 business days of the first transaction placed, assuming oral authority has already been given.