FINRA Series 63 (NASAA)

Answer: A - If an investment adviser is mistakenly sent a client’s securities, but returns them to the sender within three business days of receipt, he is not deemed to have taken custody of the securities under NASAA Model Rules. Custody is defined by the NASAA as “holding directly or indirectly, client funds or securities, or having any authority to obtain possession of them.” Therefore, an investment adviser who has general power of attorney to withdraw a client’s funds or securities from a broker-dealer is acting as a custodian, as is an investment adviser who keeps a client’s securities in its safety deposit box. If an investment adviser receives a check from a client that is written to a third party, such as a mutual, that check must be forwarded within 24 hours of receipt, or the investment adviser is deemed to be a custodian.