FINRA Series 63 (NASAA)

Category - Series 63

Joe Romeo is a broker-dealer registered with the state. He has recently hired Betty Buxom as his administrative assistant. As part of her duties, he has given her the responsibility for effecting the purchases and sales of securities for some of his firm’s smaller accounts. Ms. Buxom has never applied for nor been granted registration as a broker-dealer or agent. Based on these facts, what sanctions could Joe be subjected to?
  1. the Administrator is required by the Uniform Securities Act to revoke Joe Romeo’s registration and file criminal and civil charges against him.
  2. there is no problem as long as Ms. Buxom registers with the state as an agent within thirty days.
  3. the Administrator may elect to revoke or suspend Joe Romeo’s registration, and Joe may also face both civil and criminal penalties.
  4. the Administrator is required to turn the case over to the state’s district attorney, who will file criminal charges against both Joe Romeo and Betty Buxom.
Explanation
Answer: C - Since Joe Romeo has allowed Betty Buxom to execute trades, a duty that can legally be performed only by a registered broker-dealer or agent, the Administrator may elect to revoke or suspend Joe Romeo’s registration, and Joe may also face civil and criminal penalties. Ms. Buxom needed to be registered as an agent prior to effecting any transactions in the securities markets; there is no grace period. The Administrator is not required to take any action, however.
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