Practice Quiz

FINRA Series 63 (NASAA)

Category - Series 63

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MoeMoney Investment Advisers uses the services of two broker-dealers exclusively when it executes trades for its clients’ accounts. The larger of the two broker-dealers provides MoeMoney with research from its analyst department in return for the business and also serves as the custodian for some of MoeMoney’s clients’ accounts. The smaller of the two broker-dealers picks up the utility bill for MoeMoney. MoeMoney is careful to disclose this form of “soft dollar” compensation to its clients. Is it in violation of any securities laws?
  1. Yes. Investment advisers are prohibited from receiving any soft dollar compensation whatsoever.
  2. No. Investment advisers are entitled to receive soft dollar compensation from broker-dealers with which it has a relationship as long as they disclose this to their clients.
  3. Yes. Although investment advisers are permitted to receive some forms of soft dollar compensation from broker-dealers with which it has a relationship, such as research or custodial services, other forms of soft dollar compensation, including the payment of overhead expenses,are prohibited.
  4. Yes. Investment advisers are required to use more than two broker-dealers when executing trades on its clients’ accounts.
Explanation
Answer: C - Yes. MoeMoney is in violation of securities laws in accepting payment of its utility bills for directing business to the smaller broker-dealer because this form of soft dollar compensation is prohibited. Some forms of soft dollar compensation are permitted, such as the research and custodial services MoeMoney receives from the larger broker-dealer, but the payment of any office overhead expense is not. Allowed soft dollar compensation is deemed to benefit both the investment adviser and its clients; soft dollars that seem to benefit only the adviser are not allowed.
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