SP Series 24 - Chapter 2

New account form

Name/addy/employer/SSN/DOB

FINRA Rule 2090

Know your customer rule

FINRA Rule 2111

Suitability rule

USA Patriot Act

Verify identity,maintain records,check to see if terrorist

CIP (Customer Identification Program)

Name/DOB/Addy/SSN

Validate identity

Unexpired drivers licence/passport/military id

Each customer must receive copy of account record

Within 30 days of opening account

Regulation SP

Safeguard public records - privacy Gramm-Leach-Bliley Act

Initial privacy notice when opened and annually

Given to customers

Initial privacy notice only

Given to consumers

Regulation S-AM

Limitations on Affiliate Marketing

Suitability Information

income/net worth/tax status/investment objective/risk tolerance

Control Relationship

member controls or is controlled by an issuer of securities

Control Relationship Disclosure

Must be made in writing and disclosed on customer confirmation

DPP (Direct Participation Program)

Flow through tax consequences to investors - high risk, illiquid, long term in nature

DPPs must have

Clearly stated standards - fully explain to customer

DPP Roll Up

Transaction involving the combination or reorganization of one or more limited partnerships into securities

Non Conventional Investments (NCI)

Distressed Debt (corporate bonds from companies who have filed for bankruptcy or look to do so in the near future)

Equity Linked Note (ELI)

nonconventional investment that the final payment at maturity is based, in part, on the return of the underlying equity. No interest given, lump sum at the end.

ELNs report to

TRACE if not listed on a national exchange

Transfer and Ship

Securities are transferred into the customer's name and shipped

Transfer and hold in safekeeping

Securities are transferred into the customer's name but held by broker dealer

Hold in street name

Securities transferred into broker/dealer's name and held but customer is still beneficiary owner

Delivery vs payment (DVP)

Customer instructs the representative to deliver any securities purchased to an agent bank, which will pay the member upon delivery.

Third Party account

Fiduciary Account

Discretionary account

The account owner gives the member trading authorization. Customer signs power of attorney.

Power of attorney revoked

By customer in writing, at any time, and ends on the death or mental incompetence of the customer

Trade is discretionary if member chooses any

action (buy or sell) asset (security) amt (# of shares or dollar)

Not held order

Member chooses the price or timing of an order

Discretionary authority must be approved by

principal before its exercise

Discretionary orders must be approved by

principal promptly after execution

Discretionary accounts must be reviewed by Principal

frequently

Most powers of attorney are

nondurable (cancelled if grantor becomes mentally incompetent or dies)

Tenants In Common (TIC)

Require each party to specify a percentage interest in account.

Tenants In Common (TIC) death

% of account passes to estate not other partner

Joint tenants with right of survivorship (JTWROS)

Account has 100% undivided interest in account

Joint tenants with right of survivorship (JTWROS) death

If one party dies the other party becomes sole owner of account

Transfer on Death (TOD)

Moves % to beneficiary in JTWROS death

Corporate Account

Must obtain corporate charter and corporate resolution

Certificate of Incumbency

Document that appoints an individual to oversee a guardianship account and is good for 60 days