FINRA Series 63 (NASAA)

Category - Series 63

Stu Pede is an agent with broker-dealer Cavalier. A customer calls with a request to establish a classic IRA and asks for Stu’s advice regarding where the money in the IRA should be invested. Stu suggests a municipal bond fund, explaining to his client that the interest income earned on it will be tax-free at the federal level, and some of it may even be tax-free at the state and local levels. Has Stu engaged in any prohibited practices?
  1. Yes. Stu is an agent with a broker-dealer. He is not an investment adviser representative and is not allowed to make recommendations regarding investments to the firm’s clients.
  2. No. Although Stu has given investment advice, it was solicited by the client, and Stu received no additional compensation for the advice.
  3. Yes. Municipal bonds are not suitable investments for a classic IRA, and Stu can have his license revoked or suspended.
  4. No. Although municipal bonds are not suitable investments for a classic IRA, Stu obviously didn’t know this and is merely guilty of stupidity.
Explanation
Answer: C - Yes. When Stu recommends an investment in municipal bonds for a classic IRA account, he has made an unsuitable recommendation, which is a prohibited practice, and he can have his license revoked or suspended. Municipal bonds are not suitable investments for a classic IRA because municipal bonds pay interest that is at least free from federal taxation, so they offer a lower yield than fully taxable bonds of similar risk. The money in a classic IRA grows tax-free anyway, so the client is getting a lower yield with no benefit.
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