Practice Quiz

FINRA Series 63 (NASAA)

Category - Series 63

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Kevin has a pair of season tickets to the Boston Red Sox games. He and his wife can’t attend all the games themselves, so Kevin has created “packages” of eight games each that he is listing for sale on Craig’s List. Do these “packages” meet the definition of securities, and, if so, does Kevin need to register them with the state before offering them for sale?
  1. If Kevin will be profiting from the sale of the packages, the packages are defined to be securities, but since he’s selling the packages to only a few people, he will not have to register them with the state. (Kevin may, however, be guilty of violating ticket scalping laws.)
  2. Only if Kevin will be selling the packages at or below cost are the packages not considered to be securities, in which case Kevin will not have to register them with the state.
  3. The packages are not considered to be securities since each package is merely a purchase and sale agreement between Kevin and another person. There is no third party involved. Because they do not meet the definition of securities, Kevin does not need to register them with the state.
  4. Statements A and B are both true statements.
Explanation
Answer: C - The packages are not considered to be securities since each package is simply a purchase and sale agreement between Kevin and another person, with no third party involvement; and since they are not securities, Kevin need not register them with the state. A buyer of one of the packages is not expecting to earn a profit on this investment “solely through the efforts of others,” which is one of the defining characteristics of a security, as ruled by the U.S. Supreme Court in 1946.
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