Series 55

Study Question of the Week: January 16, 2013 Edition

This week’s study question from the Solomon Online Exam Simulator question database is now available. Relevant to the Series 7, Series 24, Series 55, and Series 62. –ANSWER POSTED– Continue reading

This week’s study question from the Solomon Online Exam Simulator question database is now available.

Question (Relevant to the Series 7, Series 24, Series 55, and Series 62):
Which of the following is not true of an ECN?

Answers:

A: ECNs can act in an agency or a principal capacity

B: ECNs allow institutional investors to trade with other investors excluding the broker as a go-between

C: Subscribers to an ECN may include institutional investors, broker-dealers and market makers

D: ECN traders can remain anonymous

Correct Answer: A

Rationale: Some standard characteristics of ECNs include:

a. ECNs always act in an agency capacity and do not trade for their own account.
b. ECNs allow institutional investors to trade with other investors excluding the broker as a go-between. Fourth market participants rely on ECNs.
c. Subscribers to an ECN may include institutional investors, broker-dealers and market makers. Individuals that wish to trade through an ECN must have an account with a broker-dealer and their order can then be routed to the ECN for execution.
d. ECNs allow traders to remain anonymous.
e. ECNs are often open 24 hours a day, and are therefore often used by traders after regular market hours.
f. Subscribers pay a fee to the ECN to participate.

Weekly study questions are from Solomon’s industry-leading Online Exam Simulator.

Study Question of the Week: December 26, 2012 Edition

This week’s study question from the Solomon Online Exam Simulator question database is now available. Relevant to the Series 7, Series 24, Series 55, Series 62, Series 65, and Series 66. –ANSWER POSTED– Continue reading

This week’s study question from the Solomon Online Exam Simulator question database is now available.

Question (Relevant to the Series 7, Series 24, Series 55, Series 62, Series 65, and Series 66):

ABCD is an actively traded security with an inside market of 19.25 – 19.95. A market maker receives an order to sell 100 shares and buys the security from the customer at a net price of ______________. Choose the net price that makes the most sense given what you know about markups, markdowns, and net prices.

Answers:

A: 18.75
B: 19.25
C: 19.95
D: 20.45

Correct Answer: A

Rationale: On a sell order in an active competitive market, the net price will contain a markdown from the best bid. In this case the only price that is lower than the best bid is the $18.75. The markdown amount is calculated by taking $19.25 – $18.75 = $.50. The markdown is $.50/$19.25 = 2.60%.

Weekly study questions are from Solomon’s industry-leading Online Exam Simulator.

Exam Alert: FINRA provides additional guidance on suitability rule

FINRA has provided additional guidance on its suitability rule. The new guidance redefines the terms “customer” and “investment strategy” and clarifies when the rule applies to recommendations involving non-security investments. FINRA has also created a webpage that addresses suitability issues. Continue reading

FINRA has provided additional guidance on its suitability rule (original guidance covered here). The new guidance redefines the terms “customer” and “investment strategy” and clarifies when the rule applies to recommendations involving non-security investments. FINRA has also created a webpage that addresses suitability issues.

The guidance states that “in general, for the purposes of the suitability rule, the term customer includes a person who is not a broker or dealer who opens a brokerage account at a broker-dealer or purchases a security for which the broker-dealer receives or will receive, directly or indirectly, compensation even though the security is held at an issuer, the issuer’s affiliate or a custodial agent (e.g., ‘direct application’ business, ‘investment program’ securities, or private placements), or using another similar arrangement.” The suitability rule only applies to a recommendation made to a potential investor if the potential investor becomes a customer.

An “investment strategy” refers to a recommendation to invest in specific types of securities. However, a recommendation to invest in “equity” or “fixed income” securities would not generally be considered an investment strategy – the type of security must be more specific than those categories. An explicit recommendation to hold securities would be considered an investment strategy, as would a recommendation to continue an existing investment strategy.

The suitability rule only applies to non-security investments to the extent that the non-security investment is involved with a securities transaction (e.g. recommending that a customer sell a non-security investment to buy securities, or vice versa). The notice also provides comments on broker-dealer supervisory obligations regarding investment strategies that involve both securities and non-security investments.

Source: FINRA Regulatory Notice 12-55: Guidance on FINRA’s Suitability Rule

This alert applies to the Series 6, Series 79, Series 62, Series 24, Series 26, Series 55, Series 99, Series 7, and Series 82.

Exam Alert: SEC identifies concerns, good practices regarding nonpublic information

On September 27, 2012, the SEC identified situations ripe for abuse of inside information at broker-dealers so that industry professionals will know what to avoid. The SEC also provided examples of good policies put in place at some broker-dealers that minimize the risk of insider trading violations. Continue reading

Potentially problematic situations include the following:

-Lots of informal, undocumented interaction between departments with MNPI (material nonpublic information) and sales/trading departments that could abuse that information

-Having senior executives that supervise multiple departments and could spread MNPI from one department to another without oversight, due to being “above” the information barriers

-Lack of review of situations where MNPI is provided from one department to another for business purposes

-Lack of review of trading in customer and affiliate accounts

-Lack of review of situations where MNPI is received from an outside source

Effective practices included:

-Having a system that distinguishes MNPI based on source or type of information (possibly even having individualized reports specific to certain pieces of information)

-Expanded review of potential misuse of MNPI, including looking at trading in swaps, loans, components of pooled securities (such as UITs and ETFs), warrants, and bond options

-Monitoring access to electronic sources of MNPI to see which employees access the information

-Monitoring access levels granted via key cards and computer networks to ensure that only authorized personnel have access to restricted areas

Source: SEC Issues Report on Brokerage Firms’ Handling of Confidential Information (SEC Release 2012-200)

This alert applies to the Series 24, Series 26, Series 6, Series 7, Series 55, Series 62, Series 79, Series 82, Series 99, Series 63, Series 65, Series 66, and Series 56.

ANSWER–Study Question of the Week: August 29, 2012 Edition

As a follow up to yesterday’s question, here is your question PLUS answer and rationale: Continue reading

As a follow up to yesterday’s question, here is your question PLUS answer and rationale:

Question (Relevant to Series 24, Series 55, Series 62, Series 7)

To calculate a markdown as a percentage, which of the following are used?

Answers

A: The lowest bid

B: The highest bid

C: The highest offer

D: The lowest offer

Correct Answer: B

Rationale: A markdown is calculated when a customer sells shares. The customer would sell their shares to the market maker who is willing to buy at the highest bid. The markdown is calculated by dividing the amount kept by the market maker by the highest bid.

Study Question of the Week: August 29, 2012 Edition

Today, we’ll be starting a weekly series highlighting a licensing exam study question from the Solomon Online Exam Simulator question database. Continue reading

Today, we’ll be starting a weekly series highlighting a licensing exam study question from the Solomon Online Exam Simulator question database.

Let’s get started!

Question (Relevant to Series 24, Series 55, Series 62, Series 7)

To calculate a markdown as a percentage, which of the following are used?

Answers

A: The lowest bid

B: The highest bid

C: The highest offer

D: The lowest offer

Be sure to submit your answers in the comments section and check back tomorrow for the correct answer and rationale!

Happy studying!

Exam Alert: FINRA to modify minimum quote sizes for OTC stocks

Effective November 5, 2012, FINRA will implement a pilot program modifying the standards for minimum quotation sizes for OTC equity securities. Continue reading

Effective November 5, 2012, FINRA will implement a pilot program modifying the standards for minimum quotation sizes for OTC equity securities. During this program, the minimum quote sizes will be as follows:

Price (Bid or Offer)	Minimum Quote Size (# of shares)
$0.0001 to $0.0999	10,000
$0.10 to $0.1999	5,000
$0.20 to $0.5099	2,500
$0.51 to $0.9999	1,000
$1.00 to $174.99	100
$175.00+	1

The rule will also be extended to apply to all quotes and orders displayed in an inter-dealer quotation system, including quotes displayed by alternative trading systems and quotes reflecting customer orders. The program will last until October 31, 2013, unless rescinded, extended, or made permanent.

Source: FINRA Regulatory Notice 12-37

This alert applies to the Series 55, Series 62, Series 24, and Series 7.

Exam Alert: Test takers with limited English proficiency must submit a form to FINRA to receive extra time

Effective September 1, 2012, FINRA will implement a new policy for providing additional time to people with limited English proficiency on qualification exams and on Regulatory Element Continuing Education sessions. The new policy requires that people requesting additional time must submit an LEP Request Form to FINRA and receive confirmation from FINRA that the form has been processed before scheduling the exam or Continuing Education session. Continue reading

This new policy replaces the current policy covering people who speak English as a second language. Test center personnel will no longer be authorized to provide additional time to people who speak English as a second language or to people with limited English proficiency.

A person is considered to have “limited English proficiency” if they “(1) do not speak English as their primary language; and (2) have limited ability to read, speak, write and understand the English language.”

Further details on the new policy may be found on FINRA’s website.

Sources:

FINRA Information Notice 8/1/2012

Candidates with Limited English Proficiency (FINRA website)

This alert applies to all FINRA-administered exams. This includes (among others) the Series 24, Series 26, Series 6, Series 7, Series 55, Series 62, Series 79, Series 82, Series 99, Series 56, Series 63, Series 65, and Series 66.

Exam Alert: National exchanges and FINRA to implement new standards for trading halts

Effective February 4, 2013, the national securities exchanges and FINRA will put into place new standards for halting trading both in single stocks and for the whole market. Halts in individual securities will use a “limit up-limit down” mechanism, meaning that it will prevent the security from trading outside of a specified price range based on the average price of the security over the past 5 minutes. Market halts will trigger on smaller drops in the market, and will last for shorter periods of time. Continue reading

Effective February 4, 2013, the national securities exchanges and FINRA will put into place new standards for halting trading both for single stocks and for the whole market.

Halts in individual securities will use a “limit up-limit down” mechanism, meaning that it will prevent the security from trading outside of a specified price range based on the average price of the security over the past 5 minutes. The range is a given percentage above and below that value, as follows:

-For more liquid securities (such as those in the S&P 500) priced above $3, the price range is 5% above and below the average price of the security over the past 5 minutes.

-For other securities priced above $3, the price range is 10% above and below.

-For securities priced between $0.75 and $3, inclusive, the price range is 20% above and below.

-For securities priced under $0.75, the price range is the lesser of $0.15 or 75% above and below.

These percentages will be doubled during the first 15 minutes of trading and the last 25 minutes of trading. Whenever a security cannot trade within the specified price range for over 15 seconds, trading in the security will be paused for 5 minutes.

Market halts will trigger on smaller drops in the market, and will last for shorter periods of time. The new market halts will trigger at the following thresholds, with the following effects:

-Level 1 Halt: triggers on a 7% drop, will halt trading for 15 minutes if it occurs before 3:25 PM (there is no effect if it triggers after 3:25 PM).

-Level 2 Halt: triggers on a 13% drop, will halt trading for 15 minutes if it occurs before 3:25 PM (there is no effect if it triggers after 3:25 PM).

-Level 3 Halt: triggers on a 20% drop, will halt trading for the rest of the day (regardless of when it occurs).

In addition, market halts will reference the S&P 500 as the pricing reference for determining market declines and the trigger thresholds will be recalculated daily. (The current rules reference the Dow Jones Industrial Average and recalculate the thresholds monthly.)

Sources:

SEC Approves Proposals to Address Extraordinary Volatility in Individual Stocks and Broader Stock Market (SEC Release 2012-107)

SEC Approves Market-Wide & Single-Stock Circuit Breakers (Securities Technology Monitor)

Further reading (details current rules and gives reasoning for the limit up-limit down mechanism):

Circuit Breakers and Other Market Volatility Procedures (SEC)

This alert applies to the Series 55, Series 62, Series 24, and Series 7.

Exam Alert: FINRA provides guidance on its new suitability rule

FINRA’s new suitability rule, FINRA Rule 2111, will take effect on July 9, 2012. On May 18, 2012, FINRA provided guidance on the new rule by responding to broker-dealer questions, in Regulatory Notice 12-25. This guidance is in addition to the guidance provided in two prior notices, Regulatory Notice 11-02 and Regulatory Notice 11-25.

Some key takeaways:

Acting in a Customer’s Best Interest

-When a broker-dealer makes a recommendation, they must not place their own interests ahead of the customer’s.

Recommendation

-Marketing and offering materials do not count as “recommendations” subject to the suitability rule. See prior notices for further info on what does count as a “recommendation.”

-Implicit recommendations to trade, such as trading on the customer’s behalf without informing them, require a suitability determination. Explicit recommendations to trade or to hold securities also require a suitability determination. Implicit recommendations to hold (i.e. when the broker-dealer remains silent about the customer’s holdings) do not trigger the suitability requirement.

-A call center informing a customer that they can keep their account with a firm does not constitute a recommendation.

-Broker-dealers still have suitability obligations when recommending private placements – this was not changed by the JOBS Act.

Customer

-The suitability rule applies to anyone the broker-dealer makes a recommendation to besides another broker-dealer. This includes potential investors that do not currently have accounts with the firm.

Investment Strategy

-Communications are not subject to the suitability rule if they 1) do not recommend a particular security or group of securities, and 2) are based on an acceptable asset allocation model. For example, suggestions to invest certain percentages of assets in equities or in fixed-income securities would not generally be subject to the rule, but more specific recommendations would be subject to the rule.

Risk-Based Approach to Documenting Compliance With Suitability Obligations

-The extent to which the firm needs to document suitability compliance depends on the risk and complexity of the recommended security/strategy. Recommendations of riskier, more complex securities/strategies are more likely to require documentation.

-Explicit hold recommendations should be documented for certain securities where holding them would be particularly unusual or risky.

-Firms can choose how they want to document hold recommendations.

Information-Gathering Requirements

-The customer info described in the rule only needs to be acquired if/when the broker-dealer makes recommendations.

-Asking a customer for their info is usually good enough, though the broke-dealer may not rely on the customer’s response if there are “red flags” indicating the info may be inaccurate.

-Broker-dealers must use reasonable diligence when trying to get customer info. If they do not get all the info, firms must carefully consider whether they understand the customer well enough to analyze the suitability of an investment before making a recommendation.

-Broker-dealers must consider all information disclosed by a customer in connection with a recommendation when making a suitability analysis.

-If a customer has multiple goals that appear inconsistent, the firm should clarify/reconcile the customer’s goals.

-A broker-dealer may consider the experience of an account manager when making recommendations.

-A broker may make recommendations based on a customer’s overall portfolio, including investments held at other institutions, if the customer give their approval and the broker knows the details of the customer’s overall portfolio.

Reasonable-Basis Suitability

-The reasonable-basis suitability determination has two components.

1) The broker must understand the recommended security or strategy and the risks involved.

2) The broker must determine whether the recommendation is suitable for at least some investors.

Quantitative Suitability

-The quantitative suitability obligation prohibits churning.

Institutional-Customer Exemption

-FINRA has not endorsed or approved any “Institutional Suitability Certificates.”

-The new suitability rule does not use the old rule’s definition of an “institutional customers” – it instead uses the more common definition of an “institutional account.”

-The new institutional customer exemption requires an affirmation from the institutional customer that they are exercising independent judgment. The broker-dealer must also have reasonable basis to believe that the institutional customer is capable of independently evaluating investment risks.

-If the institutional customer does not meet both conditions (capable of evaluating risk and affirming that they will exercise independent judgment) for all of the broker-dealer’s recommendations, the broker-dealer may narrow the scope of the types of securities/strategies it recommends so as to meet the institutional customer exemption.

-The firm may use a risk-based approach to documenting an affirmation from an institutional customer. The affirmation does not need to be in writing.

Source: FINRA Regulatory Notice 12-25

This alert applies to the Series 6, Series 7, Series 24, Series 26, Series 55, Series 62, Series 79, and Series 82.