FINRA Series 63 (NASAA)

Category - Series 63

A broker-dealer of commodity futures contracts has been profiting by trading for its own account either before or after executing a client’s trade on the same commodity, depending on which will be most advantageous. Under the Uniform Securities Act, the broker-dealer is guilty of
  1. fraud.
  2. churning.
  3. unauthorized transactions.
  4. nothing. The Uniform Securities Act (USA) deals only with securities, and a commodity futures contract is not a security.
Explanation
Answer: D - A broker-dealer of commodity futures contracts is guilty of nothing under the Uniform Securities Act since a commodity futures contract is not a security as defined by the USA. The broker-dealer may, however, find himself in trouble with the Commodity Futures Trading Commission, which is the regulatory agency of the futures market.
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