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  1. Home
  2. FINRA Certification
  3. Series63 Exam
  4. FINRA.Series63.v2023-11-25.q143 Dumps
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Question 116

Under which of the following scenarios can a client legitimately sue a purported professional in the
securities industry and expect an award for damages?
I. The securities were sold by an agent whose registration was not yet effective with the state, but who
had already applied for registration.
II. The security was a variable annuity, and the sales representative neglected to reveal the details of the
surrender clause to the client.
III. The security was the stock of a company, the stock had recently been registered with the state for sale,
had been granted registration, and the selling agent had told his client that the security had been
state-approved for sale.

Correct Answer: D
All of the selections are scenarios describing instances in which a client can legitimately sue
a purported professional in the securities industry and expect an award for damages. A client can
legitimately sue a purported professional in the securities industry and expect an award for damages if the
agent is not yet effectively registered to effect securities transactions in the state; if the professional has
neglected-intentionally or otherwise-to inform the investor of all the relevant information involving the
security, such as any surrender clause involved; or if the agent has indicated that a state-registered
security has in any way been approved by the state.
insert code

Question 117

Under the Uniform Securities Act, which of the following does not need to be included when filing to
register a security issue with the state?

Correct Answer: D
The Uniform Securities Act specifies that the initial registration statement should be
accompanied by all of the documents listed in the first three selections-a copy of the firm's articles of
incorporation and bylaws or their equivalent; copies of any underwriter agreements; and a copy of any
indenture that applies to the security being registered. Moreover, these are only some of the documents
that need to be included.
insert code

Question 118

Under the Uniform Securities Act, which of the following does not need to be included when filing to register a security issue with the state?

Correct Answer: D
Explanation
The Uniform Securities Act specifies that the initial registration statement should be accompanied by all of the documents listed in the first three selections-a copy of the firm's articles of incorporation and bylaws or their equivalent; copies of any underwriter agreements; and a copy of any indenture that applies to the security being registered. Moreover, these are only some of the documents that need to be included.
insert code

Question 119

You are a registered agent with a broker-dealer. One of your clients visits you and wants you to sell some
of the U.S. government bonds she owns and purchase shares of a specific aggressive growth mutual fund
for her with the proceeds. Your client is a mentally-competent, 84-year-old woman but, based on your
other knowledge of her situation, you believe it to be an unwise move. You should

Correct Answer: A
If, as a registered agent with a broker-dealer, you receive an order from a client that you
don't believe is in her best interests, you should tell her that, but you must still execute the transactions if
she insists. You may not legally ignore her instructions, nor should you bother either the mutual fund or
your supervisor with this, given the facts as provided; you should deal with it yourself.
insert code

Question 120

Under the Uniform Securities Act (USA), the term "investment adviser" does not apply to
I. an investment advisory firm owned and operated by a sole proprietor.
II. a bank or savings institution.
III. an investment adviser representative.
IV. a broker-dealer or its agents if the advice is incidental to the business although there is a nominal charge for any specific investment advice given.

Correct Answer: C
Explanation
The term "investment adviser" does not apply to Selections II or III. The term "investment adviser" does not apply to a bank or savings institution or to an investment adviser representative. Those persons are specifically excluded from the definition provided by the USA. Any investment advisory firm, regardless of whether it is owned and operated by a sole proprietor, is considered to be an investment adviser. A broker-dealer that charges for its investment advice, even if it claims that the advice is incidental to its business, would be considered an investment adviser due to the special remuneration the firm receives for its advisory services.
insert code
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