FINRA Series 63 (NASAA)

Category - Series 63

Gazillions is an investment adviser with offices in the state that is registered with the SEC
and has $100 billion dollars under management. A client has filed a complaint asserting that the firm has been involved in fraudulent activities. In this case,
  1. Gazillions only has to answer to the SEC regarding the allegations. Since it is a federal covered investment adviser, it need not respond to any state-issued requests for information.
  2. Gazillions only has to answer to the state in which the complaint was filed.
  3. Gazillions has to answer to both the SEC and the state in which the complaint was filed.
  4. Gazillions is in trouble for not registering with both the state and the SEC given the amount of money it has under management.
Explanation
Answer: C - If Gazillions is operating as an SEC-registered adviser in a state, it must answer to both the SEC and the state in which the complaint has been filed, even though there is no requirement that it had to register with the state, given that it was a federal covered investment adviser. Allegations of fraud come under the state’s authority as well, even if the adviser is a federal covered investment adviser.
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