Products that RR's are allowed to sell. Mutual Funds, UIT's (new issue), Face Amount Certificate Companies, Closed-end funds (new issue) Variable insurance products with applicable insurance license.
Prohibitted Products with Series 6
Stocks, Bonds, ROW (rights, options, warrants), Closed-end fund (secondary market), UIT's or ETF's (secondary market)
Blue sky laws
Most states require a Series 63 license as well as state specific other licenses to sell products.
Must complete CE w/in 120 days of 2nd anniversary and then every 3 years thereafter.
Annual Compliance Meeting
Broker-Dealer firms are required by FINRA to conduct an annual meeting for all registered personnel.
If you quit current employer must file with FINRA. If you leave the business entirely, your license will be held by regulators for up to 2 years.
Failure of Exam
If you fail your Series 6 exam you must wait 30 days after 1st and 2nd attempts to pass. After that the wait to re-test is 180 days.
Required account opening information
Name, physical address, date of birth and social security number.
RR and principal MUST sign on new account.
Customer who does not provide REQUESTED information
Account may still be opened, but recommendations may not be made. Unsolicited only
Used to measure securities volatility. Beta =1 same as the market; Beta - 1 volatility less than market; Beta + 1 more volatile.
Interest Rate Risk
Fluctuations in a bond's price due to changes in the general level of interest rates.
The issuer of a bond will pay you back before maturity. Typically done as a refinance - rates are lower, thus the money you get paid back may not be able to be reinvested at as good a rate.
the possibility that a bondholder will not be able to reinvest their money at an attractive rate.
Inflation (Purchasing-Power) Risk
Inflation (rising prices) means your money will likely buy less in the future. bonds do not protect a customer against inflation. Stocks may preserve your purchasing power.
Currency (Exchange) Risk
encountered by investors in foreign securities. Occurs as the value of foreign currencies fluctuate aginst the U.S. Dollar.
Social or Political Risk
Change in government or social unrest in a country would impact your investment.
Customer wants VERY VERY safe investment. US government securities or other safe and liquid investment good.
Investor is looking for current return on their investment. Bonds, certain stocks (i.e. public utilities) good choices.
Do not need a current income. Growth investors tend to be younger and more aggressive. Many concentrate in common stocks.
Seeking very large returns and willing to take big risks. Not suitable for most customers. High yield (junk bonds) or specialized sector funds.
Suitability (not profitability)
Major regulatory concern when making recommendations. RR's can get in trouble for selling a client unsuitable investments.
Telephone Consumer Protection Act of 1991
Cold calls between the hours of 8am and 9pm CUSTOMER TIME only. RR must give their name, name of firm, contact number and reason for calling. If customer requests MUST place their name on a "do-not-call" list for 5 years.
W-9 Form/W-8 forms
W-9 for US residents/ W-8 non- US citizens. Customers who fail to sign forms will be subject to back-up withholding and withheld funds will be sent to IRS.
Customer Identification Procedures (CIP)
Federal rules require a written Customer identification PROGRAM. Must verify the identity of customer (before or after) account is opened.
Customer ID recordkeeping
All ID information must be kept 5 years from account CLOSING. Verifications must be kept for 5 years after record is made.
Customer must be given written or oral notification that it is requesting information to verify their identities.
regarding the handling and sharing of non-public information gathered from customer.
Reg S-P Requirements
Consumers MUST be given the ability to opt out of a firms sharing information to non-affiliated 3rd parties. Must be reasonable.
Joint Tenants w/Rights of Survivorship
If one owner dies, their ownership interest automatically passes to other owner.
Tenants in Common
No rights of survivorship. Upon death, ownership interest goes to decedants estate. May have un-equal ownership interest.
Adult as custodian, under child's SSN, all contributions are considered a gift and are irrevocable. NOT JOINT ACCOUNTS. Convert to child when he/she reaches age of majority.
UNIFORM PRUDENT INVESTORS ACT (UPIA) for children's accounts
Should not be overly aggressive (suitable). Must be invested in prudent and diversified manner. Buyer on MARGIN prohibbited.
1st $950 tax free, 2nd $950 at "kiddie" rate, all gain above that at parents rates.
Considered to e persons in eyes of law. Required to obtain a copy of corporate resolution to open accounts.
Time/Price Exception to Discretion - verbal
3 A's 1) Action (buy/sell); 2) Amount (dollars or shares) and 3) Asset (what) 1 TRADING DAY ONLY.
A product of an investment advisor. RR may not offer. Series 6 licensed person CANNOT sell a wrap account.
Customer moves account from 1 firm to another. Moved electronically through Automated Customer Account Transfer.
all unexecuted transactions be cancelled upon notification of death. Mark account 'deceased" Await instructions from estate.
"Park" their funds in a safe investment such as a money-market fund until such a time customer decides what to do with funds.
Failure to pay for transactions on a timely basis will result in account being "frozen" for 90 days.
Brokerage Account Statement
Must be provided at least quarterly. In accounts with activity - monthly.
Securities Investors Protection Corp. (SIPC)
Non-profit corporation that is funded through member assessments. NOT PART OF US GOV'T. Protection to customers if their broker files bankruptcy.
Selling part of a position
Investor can designate which shares are being sold. If no designation use FIFO.
Short sell investment
Sell high and buy back at a lower price later. This is stock that you do not own but borrow from a broker. Very risky - stocks MUST be replaced at a later date regardless of price. Bearish.
Can deduct $3,000 per year and carryover loss above that amount in $3,000 increments to future tax years.
Paper profit. Account made profit client did not liquidate (sold) their position. Gain is NOT taxable event.
Fair maket value on date of decent's death. Always considered long term regardless of how long decedent owned.
Fair market value - Donor's value or basis. If donor paid $10,000 for securities then recipients costs basis is same.
61 day window. 30 prior - date of trade- 30 days after. Applies to the sell and repurchase of substially identical security.
Zero cost basis
Retirement plans funded exclusively with pre-tax funds. Distributions are taxable at ordinary income rates.
Company pays dividends in stock rather than cash. Not considered taxable event. Will decrease her cost basis per share.
Corporation decides to split stock (2 for 1 etc) this is a strategy to make shares more affordable and to attract new investors. Not taxable event.
Corporate charter will specify the maximum number of shares that are permitted to be sold
Issuer buys back its stock. Once repurchased has no voting rights and no dividends. Is purchased by the issuer to increase earnings per share.
The difference between issued stock and treasury stock is the amount of shares outstanding. Issued shares - Treasury shares = Outstanding shares.
Issued by younger companies and pay little or no dividend. Typically purchased by more aggressive investors with no need of income.
Pay generous dividends to investors. Typically purchased by older more conservative investor.
(Think sin) Less subject to economic ups and downs. Cigarettes, liquor basic foods, and gasoline.
American Depository Receipts
Facilitate trading of foreign securities in the US Market. US financial institution purchases foreign shares and deposits the securities in an overseas bank. A receipt is issued for stock deposit.
Dollar dominated; pay dividends in US $; may be subject to foreign taxation on dividends; are subject to currency (exchange) risk; may lack voting rights.
Have potentially unlimited life. Lack the right to vote. Preferential treatment over common shareholders in dividend payouts. Must be paid all dividends before common stocks; In bankruptcy have priority over common stocks.
Cumulative Preferred Stocks
All missed dividends must be paid up in full before common holders are entitled to any payout.
Holders could potentially receive extra payments above and beyond the stated dividend.
The issuer has the right to pay back investors and retire the issue at its discretion.
Rights, Options Warrants (ROW)
Rights are shortest term. Very limited time. Give existing shareholders the opportunity to buy more shares.
Buyer pays seller a premium for this option. This obligates the seller to deliver a certain number of shares at the strike price if asked.
Buyer once again pays seller a premium. This time. The buyer has the right to sell the stock at the strike price and the seller is obligated to buy stock if asked.
Options exist on?
Stocks, indexes (baskets of stocks); foreign currency; debt instruments and commodities.
allow the holder to buy shares at a strike price. Long term some never expire. Used as a sweetener
Zero Coupon Bonds
Issued at discount from par (face value). Pay no coupon at all. Move (accrete) toward par as it matures.
Do not receive certificates. Principal and interest payments are sent automatically.
Bond Prices and Bond Yields
Move in opposite directions. Prices up - yield down. Yield up - price down.
US Government Securities
US government is (big surprise) the largest debt issuer in the world. Virtually fee of default risk are subject to interest rate risk.
Treasury Bills (Tbills)
Short term securities. 1 year or less. Very safe and highly liquid. Conservative investor.
Government version of zero coupon bonds. No interest is paid but bond moves toward par value as it matures. Accretion creates annual tax liability for "phantom income"
Zero coupon bond backed by the interest and principal of a US Government Tnote or Tbond. Not a direct obligation of US Government issued by a broker dealer.
Government National Mortgae Assoc. (GNMA)
Ginnie Mae purchases mortgages from banks and packages these in pools.
GNMA Pass-through certificate
Investors buy a certificate of the collatoralized pools. The investor will receive monthly principal and interest payments. Guaranteed by the full faith and credit of US Government.
Debt instruments issed by state or local governments. Not subject to Federal (and in some cases state of local) taxation.
The bond issuer is required to periodically set aside a portion of the principal. This is done to ensure that the money is available when the bonds mature to repay the investment.
Bonds sold to finance specific projects that will collect fees for usage when completed (toll roads, hospitals, etc.) Funds used to repay these bonds are from the collection of usage fees for the completed project.
Industrial Revenue Bonds
Private entity bonds for creating ocommercial projects. Can be subject to alternative minimum tax (AMT).
Think co-signor. Issuer sells unsecured (no collateral) bonds that are backed by issuers promise to pay as well as another company's promise to pay.
Bonds that can be converted (exchanged) for common stock. Converting debt into equity.
Issued outside of US. Pays principal and interest in US dollars. Can pay interest either annually or semiannually.
Equipment Trust Certificate
Backed by the issuers equipment. Think airlines, trucking companies or construction companies.
270 or less - term. Issued by companies to finance their operations. Auto companies and public utilities.
Banks issue to attract deposits outside their traditional client base. Typically wealthy individuals - usually minimum of $100,000.
Open ended - continuous trading. Professionally managed, instant diversification, liquid.
Have many of the same features of Money markets but after the initial IPO are traded on secondary market.
Face Amount Certificate
Similar to EE savings bonds. Debt certificate at discount pricing with a predetermined interest rate.
Unit Investment Trusts (UIT's)
Created by a trust. Have a fixed date when will end. Fixed assets and are supervised not managed. UIT's are redeemable meaning that they may be sold back to the parent organization.
May only sell shares of common stock to public. Sales charges are levied against mutual fund buyers. They are in %.
Closed end Funds
may sell common, preferred and bonds. Commissions are charged to closed end fund buyers and sellers in Secondary market. These commissions are expressed in $ terms.
Conduit Theory (Subchapter M)
Investment companies distributing a minimum of 90% of their net investment will only be taxed on retained portion.
Investment Company Act of 1940
Requires that 75% of the IC's total assets be invested as: no more than 5% in any 1 company; Not own more than 10% voting stock of any one company.
Are a collection of related entities and has a board of directors. Shareholders elect the board of directors.
Federal regulations require that 75% of a board of directors be made up of disinterested (independent) directors who are not employees of the fund and own no more than 5% of the funds shares.
Board of Directors function
Establish investment policy; select and oversee all professionals hired by the fund; establish dividend and capital gain policy.
for compensation, engages in the business of advising others. A business or organization.
Investment Advisory Contract
Initial agreement may run for a maximum of 2 years. After that the contract to be renewed annually by a majority of the disinterested board members.
The Investment Advisor is paid for their services based on a percentage under management. The advisor is paid whether the fund makes money or not. As an incentive for the IA to want the fund to do well - fulcrum fee is used.
Incentive for the Investment Advisor to do well. Can provide "bonus" or incentive pay if the fund meets certain benchmarks. Must have corresponding penalty if fund does poorly.
Keeps track of the paperwork. Cancels/issues shares; Distributes dividends or capital gains, shareholder mailings.
Usually a commercial bank that physically safeguards the stocks and bonds held in the funds portfolio. Collection of interest and divident payments.
Distributor/Wholesaler or Sponsor/ Underwriter
Underwriter enters into a contract to sell its shares and is compensated for that.
Nobody works for free. 12b-1 fees may be levied against the shareholders each year to help defray costs of distribution.
Distributor/Wholsaler/Sponsor responsible for the preparation of sales literature for a fund. Must submit all sales literature to FINRA wihtin 10 days of 1st use.
Distributor/wholesaler/ sponsor/underwriter Functions
Direct sales to public; markets fund to broker dealers; Prepares sales literature; payment of compensation to dealers.
Money Market Funds
Invest in very liquid, short-term securities such as TBills, Commerical Paper, CD's and repurchase Agreements. Safe place to "park" assets while considering a long term investment.
US Government Funds
The fund invests in securities issued by US government. Miniscule default risk. Not considered a direct obligation of the government. Fund not guaranteed by US Gov't.
Government backed mortgages make up these funds. Suitable for investors seeking safety and current income.
Municipal Bond Funds
Funds made up GO and Revenue Bonds issued by state and local governments. Good choice for investors in high tax bracket.
Growth and Income Bond Funds
A mix of stocks, public utilities and investment grade corporate bonds.
Passively managed portfolio designed to replicate the performance of S&P 500. Consists of same 500 stocks currently in S&P. Lower fees and cost structure.
Covered Call Writing
Designed to increase the dividend payout to investors. Makes funds slightly safer.
Foreign Investment Funds
Invest in securities issued in other countries. Dollar denominated. Still subject to currency risk.
Exchange Traded Funds (ETF)
Designed to compare with traditional mutual funds. Trade on stock exchanges. Low expenses, tax efficient. Every time buy/sell pay commission. Not all have lower expenses.
Class B shares
NOT NO LOADS. No free lunch. May be subject to contingent deferred sales charge (CDSC).
When a customer's purchase is close to a breakpoint (discount on fee) and RR does not tell them.
Letter of Intent
13 months. Non-binding. Shares placed in escrow until the amount is met or 13 months passes. If breakpoint not met, escrowed shares are liquidated to cover the additional sales charges.
Rights of Accumulation
Loyalty discount. Can reach breakpoints over time as you invest more or as your fund grows.
Front-end Load (1940 Plan)
Federal regulations allow up to 50% of 1st years payments for sales charges.
Spread Load (1970 Plan)
Fund may deduct up to 20% of any individual payment for sales charges as long as the average over 4 years does not exceed 16%.
Refunds (mutual funds)
Investor may cancel the plan within 45 days and receive full refund of all sales charges plus current NAV of any shares purchased, Does not guarantee investor will get all his money back if the plans NAV has fallen.
Front load Refund
Will receive a partial refund of sales charges as long as he cancels within 18 months. Current NAV.
Dollar Cost Averaging
Investors engage in voluntary accumulation plans with a fixed dollar amount periodically.
Getting ouf of Mutual Fund
Mutual funds are required to send a customers liquidation proceeds within 7 calendar days of receipt of the redemption request. All redemptions occur at NAV.
Reinstatement Provision of Mutual Funds
Allows mutual fund investors 30 days replace money that they have previously withdrawn.
Fund families allow investors to execute intrafamily exchanges(switches) from one fund to another. TAXABLE EVENT.
A summary document that contains the same information contained in the company's registration statement. Satisfy the requirements of the SEC Act of 1933. Must be filed with SEC.
Statement of objectives; Investment policies and restrictions, methods of purchasing and redemption; sales charges and annual expenses; services offered and financial statements.
Omitting Prospectus SEC Rule 482 (Mutual Fund Profile)
Must contain a summary of information found in prospectus; the funds objectives/goals; principal investment strategies, principal risks of fund and a toll-free number so investors can call and obtain prospectus.
Generic Advertising SEC Rule 135A
Explanatory information relating to securities of investment company's generally; Explanation of investments companies or services offered; an invitation to inquire for further information.
Mutual Fund Performance in Advertising
SEC Rule 135A either include total return information current to the most recent month ended 7 business days prior to the date of use, or toll-free number or a web site.
cover the direct marketing expenses of the fund such as advertising. Also help cover the costs of distributing. May also be used to pay "trailer" ongoing commissions to RR. Assessed annually.
12b-1 Fees Approval/Renewal/Review
approved by majority of funds board members and majority of outstanding shares. Must be renewed annually (spending quarterly)
Cover day-to-day operational expenses of the fund. Legal and accounting costs for services of Transfer Agent and Custodian.
Risk associated with Life Insurance
Insurance Company - Mortality Risk; Expense Risk is that the insurance company may not be able to accurately estimate its cost of doing business; Risk to customer is inflation risk.
Given to variable product buyer berfore purchase that details risks and holdings associated with each sub-account.
Separate account considered "safer" in 1 aspect
Separate account assets are segregated from the general assets of the insurance company, they will remain unaffected by any legal issues, lawsuits or potential bankruptcy.
Variable Life Products
SEC and FINRA consider these a security and are therefore these prducts are subject to regulation. SEC act of 1933; 1934 and the Investment Co Act of 1940.
Variable Life contract premiums
level throughout lifetime of insured. Invested in separate account. No guarantees. Investors are given choice of options. The rate of cash value is dependent on the performance of the separate account.
Prospectus Requirement (variable life)
Considered securities. Customer must be furnished with a copy of the prospectus prior to purchase. Prospectus will detail fees and risks as well as investment choices available.
Fluctuating Death Benefit
Variable contract has a fixed premium and a minimum death benefit that is guaranteed. The actual death benefit may exeed the guaranteed. Overperformance of separate account may result in increase in death benefit, Underperformance may reduce death benefit but never below the minimum guaranteed (face amount).
Variable Life Policy Loans
75% of the contract's cash value. If the separate account deteriorates outstanding loans the contract holder will be given limited amount of time (often 31 days) to repay.
Variable Life Insurance Features
Permanent Insurance; Fixed premiums; builds cash value; Invested in separage account; Fluctuating death benefit; guaranteed minimum death benefit.
Variable Universal Life Policies
Hybrid that combines investment choices of a variable life policy with the premium flexibility offered in a universal policy. Customers must be given prospectus.
Variable Policy Calculations
-Value of Assets = Daily
-Cash value of contract = monthly
-Death benefit = annually
Insurance company is required to send annual statement. Must also list any policy loans; provide a record of all premium payments made and expenses.
Free Look Provision
-45 days from the execution of application
-10 Days frm receipt of policy
All premiums paid will be refunded
2 year window to convert the variable policy to a whole life policy, often without evidence of insurability.
- Projections prohibitted
-rates used in illustration NOT guaranteed
-maximum rate of growth shown is 12% must also show a 0% growth rate.
Taxation of Insurance Products
ash value of variable and traditional products grow on tax deferred bases.Surrender of policy or making a withdrawal may be subject to taxation on earnings, those taking loans generally are not.
1035 Tax Exchange
-One insurance product to another or to annuity
-One annuity to another
RR must show "economic benefit" to the client
Viaticals (life settlement)
selling the benefits of a life policy to a 3rd party. Typically to a life settlement company. The viator (owner of life policy) sells the policy. The buyer becomes the new owner of the policy, pays future premiums and collects death benefit when insured dies. Commonly known as the secondary market for life insurance.
Purchased using funds that have already been taxed (after tax or post-tax dollars).
Purchased through work sponsored or payroll deducted plans. Purchased with pre-tax dollars.
Owner annuitizes contract. Gives up ownership rights of annuity to insurance company in return for a promise to pay.
A conservative "guaranteed" annuity. The insurance company offers a guaranteed rate of return. Funds invested in general account. Often purchased by conservative investors. Subject to inflation risk.
Equity Indexed annuity (EIA)
Provides investors a guaranteed minimum rate of return while allowing n opportunity to participate in some of the gains of the stock market, as reflected by an indes (S&P 500) Often carry steep surrender charges for anyone turning in their contract during first 5 to 10 years.
Variable Annuity contract
Most aggressive choice for investors. Separate account. Mix selected by contract holder. Insurance company provides no guarantees. Designed to provide hedge against inflation.
Variable Contract Life Cycle
-Accumulation units grow on a tax-deferred basis
-Contact owner may choose to annuitize
-Accumulation units convert to Annuity units
-Annuitant payouts will fluctuate based on performance of separate account.
Annuity payment options
-Single premium deferred
-Periodic payment deferred
-Single premium immediate
Straight Life payout
Promise to pay annuitant for life. Once annuitant dies all payments cease. Any money remaining in account is property of insurance company. Typically the maximum payout amount to annuitant.
Joint and Last Survivor Annuity
Covers the lives of the annuitant and another person. Payments continue until both parties die. Payments usually smaller than straight life.
Life Annuity with Period Certain
Annuitant selects a specific number of years to liquidate account. If the annuitant dies prior to the time frame, the beneficiary will receive remaining payments
Unit Refund Life
Affords the annuitant the ability to name a beneficiary on the account. If annuitant passes away before he receives an amount equal to the value of the annuity units beneficiary receives value of account.
Assumed Interest Rate (AIR)
An arbitrary number expressed in percentage terms that is used by the insurance company to project the rate of growth of the separate account. Remains unchaged throughout the life of the annuity.
No requirement to annuitize
May make periodic withdrawals without annuitizing. Remains in control of account.
Taxation on Non-Qualified disbursements
Since accumulation was paid for with dollars already taxed this portion is tax free. Growth is on tax deferred basis and is taxed as oridinary income rates.
Tax Treatment of annuitized Contract
A combination of principal and earnings in each payout. The principal portion has already been taxed and is returned tax free. The earnings portion is taxable as ordinary income.
Annuities do not create Capital events. The taxable portion will be subject to ordinary income tax rates.
Single distribution non-qualified (already taxed $)
LIFO (last in first out) Entire distribution would be taxable as ordinary income. Eventually, the final invested amount would be returned tax free.
Death benefit of Annuity
A portion of the annuity contribution is used to fund a death benefit (resembles life insurance). The death benefit guarantees that the beneficiary will receive at least the original contributions and in some cases substantially more.
Death benefit of Annuity
The death benefit paid is ALWAYS the greater of the original contributions or the current market value. Death benefits do not apply once the contract has been annuitized.
Tax Treatment of the Death Benefit
Do not pass tax free to beneficiary. Cost basis would be tax free growth taxable at ordinary income rates.
Variable annuity inside of IRA
variable annuities can be placed inside traditional mutual fund. Annuities death benefit or guarantee of lifelong income is a reason to do this. The client must be apprised that these benefits will come at the expense of higher fees. The benefit of double tax protection is a FICTITOUS SALES PLOY.
Contributions to retirement plans made with Pre-tax dollars
Reduce your income and your tax liability at time of contribution. Upon distribution the entire distribution is taxable as oridinary income.
RETIREMENT ACCOUNTS/CAPITAL GAIN
Important point - retirement accounts do not receive the benefit of long-term capital gain. Taxed at oridinary income rates.
IRS Tax penalties for traditional IRA's
-10% plus ordinary income before age 59-1/2
-50% of required minimum distribution if not taken by age 70-1/2
-6% penalty if you exceed maximum contribution amount
Employee Retirement Income Security Act of 1974 (ERISA)
Established minimum standards for retirement plans offered by private employers. If plan meets minimum standards considered "qualified" under ERISA.
The overriding concern for ERISA is that the plan be run for the benefit of employees, not the company. Plan must not be discriminatory - ALL eligible employees who meet criteria must be allowed to participate.
Establishment of private retirement plans
Typically set up in some type of trust arrangement. Assets held separately from those of the company.
Eligibility of private plans
Qualified plans must be made avaible to all eligible workers. Full-time status (1000 hours per year); Employed 1 year or more; 21 years old.
Any money invested by employee is always 100% immediately. Contributions by employer often subject to seasoning.
Under ERISA all employees must receive documentation concerning their retirement plan.
ERISA does not require employers to establish any sort of retirement plan. Some employers choose to create plans that do not meet ERISA standards. Plans may loose most of tax advantages afforded to employees/employers.
Non-qualified plan that allows employees to defer some of their current pay to future years. Typically management and highly compensated employees. In the event of bankruptcy the employee would be general creditor and must wait in line to get paid.
Payroll Deduction Plan
After tax dollars. Typically to purchase U.S. Savings Bonds or non-qualified annuities.
Not Regulated under ERISA
Federal, state and local government workers are note ERISA eligible (e.g, 457 plan, 403b/501c3 plans)
Defined Contribution Plans
The employee knows the amount of assets being placed in plan but does not know their eventual value. Dependent on the invesemert performance of assets withing the account.
Pension Plan (Defined Benefit)
Mandatory contributions made by employer. Invested as employer dictates and responsibility of employer. Employers MUST make mandatory contributions to these plans.
Profit Sharing (Defined Contribution)
Employer contributes a portion of the firms profit each year. May not make contributions or in unprofitable years.
401(k) Defined Contribution
Employee makes pre-tax contributions through payroll deductions. In some cases employers make matching contributions up to a certain %. $17,000 maximum and employee can contribute for 2012. All benefits are taxable upon distribution.
Catch up Provision
Employees over age 50 can contribute and additional $5,500 to their 401(k) or Roth 401(k).
Participants are typically given a selection of investment choices. Responsibility of the employee to allocate his funds inside account.
Taxes on 401(k) Distributions
-Prior to 59-1/2 10% in addition to ordinary income.
-Required Minimum Distribution by April 1st the year account owner turns 70-1/2 50% assessed on RMD amount.
403b and 501c3 Plans (Defined Contribution)
Tax sheltered annuities. Pre-tax contributions. Mirror 401(k). Typically used for employees of:
-Public and parochial schools
-Qualified nonprofit organizations such as hospitals an museums.
Acceptable Investments inside Traditional IRA
Stocks, bonds, mutual funds, annuities and U.S. minted coins
Prohibitted investments/strategies for IRA
-Collections (art, stamps, gems etc.)
-Short sales of stock
-Speculative option strategies
IRA contribution limits
Contributions are only allowed by investors with earned income. 100% of earned income or $5,000 whichever is lesser.
Married couple IRA contributions
Married with only 1 income - $5,000 per spouse held in separate accounts.
IRA holders have until April 15 or current tax years to make contributions.
These contributions may be made up to age 70-1/2.
-Excess contributions carry a 6% penalty for contributions and growth. Excess contribution also loses its tax-deferred status.
Partially Deductible IRA Contributions
-Between $56,000 and $66,000 (single)
-Between $90,000 and $110,000 (joint)
High Income workers contribution to IRA
In ALL cases, the worker is still allowed to contribute. The more money an individual earns the less likely a traditional IRA contribution may be made on a pre-tax basis.
Capital Gains on IRA's
IRA's and other retirement accounts NEVER receive preferential capital gains treatment. Any tax liability is payable at ordinary income rates.
Already taxed dollars returned tax free. Pre-tax earnings are taxed as ordinary income.
Early IRA Distributions
Prior to age 59-1/2 10% penalty for early distribution.
-Excessive medical expenses
-1st time home purchase
-To fund education
The account holder never touches the assets. Assets are moved from one trustee directly to another. No tax implication exists.
IRA to IRA rollover, the account owner physically takes a check. The check must be deposited in a new IRA within 60 days. Deposited within 60 days there is no tax liability.
Work plan to IRA rollovers
Employer is required to withold 20% and send to IRS. This 20% withholding may be refunded when the customer files next tax return. Only applies to work plan-to-IRA rollovers.
IRS Tax penalties IRA
-Excess contribution 6%
-Premature Distribution 10%
-Failure to take RMD 50% penalty applied to RMD amount not distributed.
Tax Reform Act 1997. Contributions made with post (after) tax money and may be made after age 70-1/2 for persons still working.
Roth IRA income limits
-$110,000 for single earners
-$173,000 joint filers
Any individual earning more than $125,000 AGI or joint $183,000 AGI are not eligible to contribute this year.
Taxation of Roth IRA
Once the plan has been established for at least 5 years and one of the following have been met NO TAXES ARE DUE on distributions:
-1st time home buyer
Roth IRA Required Minimum Disbursement
There is NO requirement to toake minimum distributions from a Roth. Since the government is not expecting tax revenue.
Simplified Employee Pension (SEP) IRA
Hybrid product designed to be simple and cost-efficient for small business owners.
Employees open an IRA that is funded by their employer. Employers are allowed to make annual contribution of up to 25% of the employees salary, up to $50,000 per year. Technically non-qualified plans.
Designed for small businesses. Employ less than 100. Employees make contributions directly into a SIMPLE IRA up to a maximum of $11,500 under age 50 and $14,000 for 50 or older. Employer contributes matching (up to 3%).
SIMPLEs Employer matching contribution
Employers are only required to match for employees who have contributed into their own SIMPLE plans.
Employees must have earned at least $5,000 and reasonably expect to earn at least $5,000 for the current year. Those are maximum amounts and can be reduced by employer.
Employees may deduct their contributions from persona taxable income; Employers may deduct matching amount. If Employer is self-employed may take both deductions.
KEOGH (HR-10 Plans)
Self employed persons. Qualified plan the employer is allowed to contribute the lesser of 25% of post-contribution income(equal to 20% of earnings) or $50,000 toward his own retirement.
Keogh for employees
Employer is required to contribute for any employees who meet ERISA eligibility standards.
The contribution is calculated based on customer's self-employed earnings only. Money earned as an employee does not count.
Coverdell Education Savings Account
Up to $2,000 per year up to child's 18th birthday. After tax money. Not subject to taxation as long a the distribution is taken prior to age 30 and is usedfor elementary, secondary or higher education expenses.
Coverdell not used for education
Can be transferred to another relative without tax consequence. In the event that the child does not pursue higher education or receives a scholarship.
Coverdell Income limits
-$95,000 individuals phases out
-$110,000 individuals are ineligible to contribute
-$190,000 phase out $220 ineligible
Section 529 Plan contributions
Up to $65,000 in a given year per contributor without triggering tax liability. (that amount is considered 5 years of up to $13,000 per contributor)
Section 529 Plans key concepts:
-Maximum contribution determined by individual plan
-Contributions are non-deductible
-No taxation on earning used for qualified education
-Accounts may be transferred to another relative
-No income limits for eligibility
Securities Exchange Act of 1933
New issue. Primary market. Functions as the ultimate enforcer of federal securities laws.
SEC Act of 1933
Designed to provide new issue investors full and fair disclosure with accurate and balanced information.
Firm Committment Underwriting
The Underwriter(Distributor/Sponsor/Wholesaler) purchases all the securities being sold then resells them at a higher price to public.
The difference between what the underwriter pays for securities and what they sell them for.
Existing shareholders are given the right to buy more stock (usually at a price below the current market price) for a limited time period. The underwriter either finds customers to exercise any rights or may choose to purchase the new shares for its own account.
Best Effort Underwriting
Underwriter sells whatever shares it can. Any unsold shares would be returned to issuer.
An Underwriter agrees to try to sell all of shares offered, sales are contingent on all shares being issued. If shares cannot be sold, the deal is cancelled and any funds collected from investors returned.
The underwriter agrees to sell a minimum number of shares. There is also a maximum number of shares available.
Syndicates and Selling Groups
Several broker-dealers share the risk of underwriting a large firm committment deal.
One firm in the syndicate runs the syndicate and keeps its books. It will receive extra compensation for this job.
In order to sell the offering quickly and efficiently, the syndicate may invite other broker-dealers to participate in the sale of the new issue.
Filed with the SEC.
-Background information on business
-Proposed amoun of funds to be raised
-Proposed price per share
-Intended use of proceeds
-Accounting statements and other fin. info.
Prospecting during Pre-Registration
Prohibitted. Once the registration is close to being filed, the underwriter may seek out other broker-dealers to join them (if firm committment)
The Red Herring
A preliminary prospectus (bordered in red) that may be provided to potential investors.
No Approval Clause
The statement that the SEC requires is displayed on the cover of each prospectus not guaranteeing the contents.
Allowable during cool-off period. Simple ad typically has a black border and describes the nature of the offering and the syndicate members from whom a prospectus may be obtained. As long as it conforms to SEC rules, not considered an advertisement nor a prospectus.
Contents of Tombstone Ad
-Name of Issuer
-Security being offered and the amount
-brief indication of the type of business issuer is in.
-The price of the security
-The names of the underwriters
Indications of Interest
During cooling-off period, RR's may collect names of interested investors. May not accept any money during this time.
Due Diligence Meeting
Just prior to end of cooling-off period all members of the syndicate and selling group are apprised of the key facts about the new issue.
The Effective Date
The SEC will set an effective date for the new issue. Marks the point at which the syndicate will price the offering by setting POP -Public Offering Price.
Syndicate and selling group may complete sales of new offering. Remove Red border from Prospectus.
Exemptions from SEC registration
-US Government (tbills, tnotes, tbonds)
-US Government agencies (GNMA,FNMA,etc)
-Non-profit or religious organizations
Very short-term securites with maturity of 270 or less regardless of issuer.
Private Placement and Regulation D
-May not be sold to more than 35 non-accredited purchasers.
-Unilimited number of accredited (wealthy) investors.
-Banks and savings and loans
-Investment Companies(i.e. mutual funds)
-Certain large pension plans
Reg D Definition of Wealthy/accredited
-Individual net worth or joint net worth with spouse of more than $1,000,000.
-Income of $200,000 (0r $300,000 jointly with spouse) in each of the last 2 years along with current year.
Pertains to Private placement restricted stock. Letter acknowleding that he understands restrictions. Sometimes called "letter stock".
Uniform Securities Act (USA) State Regulations
- Filing (called notification in some states)
Restrictions on Purchases by Firms and Employees
A brokerage firm is prohibbited from allocating shares of an equity IPO to its own trading account or to another broker-dealers account. The firm is, however, allowed to buy stock in the secondary market. Applies to licensed and unlicensed employees of broker-dealer. Applies to immediate family members as well.
The syndicate is allowed to purchase (manipulate) stock in the secondary market to prevent or retard a decline in it's price. Price must be equal to or less than POP.
New York Stock Exchange (NYSE)
An example of the traditional form of marketplace where buyers and sellers conduct business on a physical floor.
Operates as an auction market and routed through specialists who keep the market fair and orderly.
over-the-counter market. Deals are brokered over the phone or internet. U.S. government securities; municipal bonds, corporate debt instruments and some equity issues trade OTC.
Trade in OTC trading market. They pay one price to sellers, charge another to buyers, and earn the profit or "spread" between 2 prices.
NASDAQ 3 tiers
-Global Select (largest companies)
-Global Market (smaller companies)
-Capital Market (smaller companies)
Securities Exchange Act of 1934
Focuses on secondary market.
-Registration and regulation of securities exchanges.
-Registration and regulation of broker-dealers.
-Formation of the SEC
-Trade reporting rules for insiders
-Filing of financial reports by public companies (annual 10-Ks, quarterly 10-Qs)
-against fraud and manipulation in 2dary mkt.
-Customer protection rules
-Proxy solicitation by issuers
-Regulation of credit.
Passed in 1938 as an amendment to SEC act of 1934. Authorized the creation of SRO which eventually became FINRA in 2007.
SEC rules prohibit anyone from buying or selling a security while in possession of material, nonpublic information about the issuer.
Prohibition of Insider Trading
Applies to not only those who work for an issuer, but to anyone who is tipped off by an insider.
Insider Trading Penalties
Are severe. SEC will bring a civil suit against the violator, could be assessed a penalty of as much as 3 times the amount gained or loss avoided. This is in addition to giving up any profits earned.
SEC Insider Trading Criminal
The SEC may ask US attorney to file criminal charges. If found guilty a fine up to $5,000,000 and/or up to 20 years in prison.
Reporting by Insiders
Anyone who becomes a member of one of the following catergories must file a report with the SEC within 10 days. Must file a report within 2 days following any transaction that changes a previously reported position.
What makes someone an Insider
-Members of a company's board of directors
-Owners of more than 10% of any of the issuer's equity securities.
Short Swing Profits
Anyone in the "insider" category is subject to legal action if they earn "short-swing" profits on the issuer's stock. Selling a stock within 6 months of acquisition.
A manipulative activity that attempts to prevent the price of a security from falling.(Stabilization is permitted of a new issue by a syndicate)
Selling the stock to itself over and over and reporting these as legitimate trades. There is no bona fide change in ownership. This is an attempt to give the illusion of an active market in a thinly traded stock.
Regulation T- Extending Credit to customer
Federal Reserve Board permits brokers to lend up to 50% of the purchase price to customers making a purchase on a margin account. Customers must pay within 5 business days.
Purchasing on Margin
All mutual fund purchases are considered primary market and are not eligible for purchase on margin. These securities may be used as collateral once they have been held in the customer's account for 30 days.
The Investment Company Act of 1940
Created to protect those who invest in companies whose primary business is to invest in other securities on behalf of their shareholders.
Excluded Companies underICA act 1940
-Investment pools with 100 or fewer investments.
-Investment companies whose shareholders include only "qualified" investors.
-Sometimes these exclusive pools are referred to as "hedge" funds.
Diversified Investment Company
-Condition 1: No more than 5% of its total assets invested in the securities of any 1 corporation.
-Condition 2: investments own no more than 10% of the voting stock of any 1 corporation.
Contract with Investment Advisor and Underwriter(distributor)
Must be approved by a majority of outstanding voting shares and a majority of disinterested board members. Initial agreement may be for a maximum of 2 years, after that renewed annually.
Reports to Shareholders
Annual and semiannual reports are financial report cards. Also must furnish audited annual report to the SEC.
Trust Indenture Act of 1939
Applies to bonds sold by nonexempt issuers, mainly corporations.
-must appoint a trustee to represent bondholders - typically a trust company or a trust department at a bank.
-Must create a written trust indenture which describes the rights of bondholders.
Bank Secrecy Act of 1970/Patriot Act
-BD's msut file CTR form 104 within 15 days if a transaction of more than $10,000 in cash.
Currency or Monetary Instrument Report
More than $10,000 in currency, (traveler's checks, personal checks, business checks etc if physically transported into or out of the U.S.
Suspicious Activity(Red Flags)
In most cases the RR would file a SAR with their firm who will in turn file with FinCEN.
Telephone Protection Act
Cold calls must be made between 8am and 9pm customer time. Customer must be provided with name, contact information and purpose of call.
A customer that is called and request to be put on do not call list must be placed on list for at least 5 years.
related to the fair and ethical treatment of customers. Also contains rules on the personal activities of RR's.
Supervision by Principal
Each RR must be assigned to a specific principal who is responsible for him.
Responsibilities of Principals
-Review/approval of new accounts
-Review/approval of all transactions
-Review/approval of customer communications.
-Monitoring outside activities of RR's
-Handling customer complaints.
Directed to a specific group of people. BD controls the distribution of this material. Provided to a targeterd audience. Group e-mails or test messages, form letters and brochures are examples of sales literature.
Distributed via mass media. BD has no control over who receives this material. TV, radio and newspaper commercials and ads.
Correspondence consists of
- Individual letters
- Individual e-mail or text message
-Written or electronic to less than 25
-Form letter, email or text to 25 or more
-Brochures or circulars
-Reprints or excerpts of previously published articles, if not independently prepared.
-Newspaper, magazine, billboard ads
-Television or radio
-Phonebook or yellow pages
-Video taped presentations
FINRA RULES REGARDING CORRESPONDENCE
Require member firms to create a system to supervise both incoming and outgoing correspondence.
Independently Prepared Reprints
Any reprint or excerpt of any article issued by a publisher. Considered Sales Literature.
Institutional Sales Material
Any communication that is distributed or made available only to institutional investors. Banks, Insurance Companies etc.
FINRA Rules Regarding Investment Company/Variable Contract Sales Literature or Advertising
All sales literature and advertising must be approved by a principal prior to use. The firm is required to keep copies for 3 years.
Special Rules for Material
Material pertaining to investment companies, UIT's, or variable contracts must be filed with FINRA within 10 days of first use.
Ranking Entity material required info
-past performance is no guarantee
-front end loads - whether rankings account for
-If ranking is based on total return
-the publisher of the ranking data
-the meaning of a symbol if used
Variable Product Advertising
must specify product as either life insurance or an annuity.Illustration can use 12% for maximum growth as long as it also shows 0 growth scenario.
Preapproved Sales Literature
Sales literature supplied and is already filed with FINRA. These are "preapproved" communtications and do not need to be resubmitted to FINRA. Still subject to internal principal approval prior to distribution.
Use OF FINRA and SIPC names
May be used in phone book ads, business cards and on letterhead as members only. No endorsement or approvals.
Bank Broker-Dealer Advertising
Must be prominent in advertising:
-Securities not FDIC insured
-Securities or products not guaranteed by financial institution.
-Securities products are subject to investment risks including loss of principal invested.
trading that is excessive in size or frequency in regard to the customers objectives and financial resources. Profitability is not a factor.
Trading ahead of a customer is prohibitted. A customer gives you a large order that is going to affect the price of a security once it hits market.
Outside Business Activity
RR's who engage in any outside business for compensation must provide prior written notice to their firms. Volunteer work not included.
Private Securities Transactions
Selling Away is an RR is involved in a private deal outside of their employer. RR's at a minimum need to notify their superiors and in some cases receive written permission.
RR Opening an Account at Another Firm
-Notify the employing B/D of intent to open account.
-Disclose to RR that their employer will be notified.
-Furnish copies of account statment to B/D upon request.
Payments to Non-Members
RR's are prohibitted from paying compensation to any individual who is not FINRA licensed.
Retired Members Compensation
Allowed to be paid continuing commissions on bona fide contracts in place at retirement. Does not permit a retired RR to solicit new business.
B/Ds and RRs are not permitted to give gifts in excess of $100 per person per year if the gift is given in relation to the business relationship.
Special Deals with Underwriters
RRs are prohibbited from taking additional compensation from a mutual fund underwriter that is not disclosed in the prospectus.
Allowable as long as the product suite being covered be broad and not steer business to a particular product.
Sharing Profits and Losses with Customer
Is permissible if:
-RR has prior written permission from firm
-RR makes monetary contribution to account
-Sharing is proporational to RR's contribution
-RRs obtain customers written permission.
Uniform Practice Code
Settlement and good delivery issues. Another deals with the payment of dividends.
Firm-To- Firm Settlement
Settlement rules apply to firms, not customers. Not RegT. This deals with firms settling (paying) each other.
Customer Payment Under Reg T
under Act of '34. A customer is required to pay for his transaction within 5 business days. Lates pays result in 90 day freeze of accounts.
This is the date that an investor must be officially on the books as an owner to earn the dividend. You purchase stock 3 or more business days prior to the Record date so that the trade will be settled (paid for) by the Record date.
Is the 1st day the stock trades ex(wihthout) a dividend. If you buy a stock on or after the ex-dividend date, you will NOT get the upcoming dividend.
Hearing Panel findings
Within 60 days after receiving all the evidence, the Hearing Panel will announce its findings.
Acceptance, Waiver and Consent (AWC)
If FINRA considers a minor rule violation the respondent may agree to waive their right to a hearing and appeal and sign an AWC. The maximum penalty is censure and no more than $2,500 fine.
-A fine (unlimited amount)
-Expulsion of a member firm from FINRA
-Bar a rep. from associating with a member firm (shunning or blackballing)
-Any other fitting sanction
Respondents that wish to appeal a Hearing Panel decision must do so within 25 days of decision.
National Adjudicatory Council (NAC)
Hearing Panel Appeals are heard by NAC. Appeals of NAC decision are made to the SEC, and the SEC's decision may be appealed to a federal court then supreme court.
Code Of Arbitration
Office of Dispute Resolution. For disputes between member firms; member firms and their RRs; and member firms and their customers.
A customer who signs this agreement gives up their right to take dispute to court.
Is Final and binding on both parties. No appeal process. Monetary awards must be paid within 30 days.
Arbitration statute of limitations
Only events that have occurred less than 6 years can enter into arbitration.
COP and COA "Double Jeopardy"
COA usually involves monetary dispute, COP governs sanctions for rule breakers. Rule breakers could be subject to both for the same violation.
Informal, voluntary process in which an impartial person trained in facilitations works the the parties to create their own solution. Mediation is non-binding.
General contraction in economic activity. 2 consecutive quarters of decling Gross Domestic Product (GDP).
The value of all goods and services produced within the US whether by US companies or foreign companies located in the US.
Hedgint Against Inflation
An investor looking for a potential hedge would purchase variable insurance/annuity products or precious metals funds.
Keynesian Economic Theory
Congress and the President
The government exerts this influence through government spending and taxation.
-in a recession increase government spending to stimulate economy.
-In an overheated economy the government would reduce spending.
Monetary Economic Theory (Monetarism) FederalReserve Board
Controlling the economy by controlling money supply
Federal Reserve Board
Acts as the central bank of the U.S. Supervising and regulation banking institutions; maintaining the stability of the financial system. The Fed is responsible for the nation's monetary policy.
Fed and Interest rates
When the Fed increases the money supply - rates fall. When the Fed decreases money supply - rate rise.
The Reserve Requirement
The percentage of deposits that banks must retain in their vaults or on deposit at the Fed. When the Fed raises the reserve requirement there is less money to loan out.
When the Fed decreases the reserve requirment, there is more money available to loan.
The Discount Rate
The Fed acts as the bankers' bank. Member banks can borrow money on a short term basis from the Fed. The rate the Fed charges banks is called the Discount rate.
Most volatile. Bank to bank loans. Most fed fund loans are overnight. Rate is set by supply and demand.
Open Market Operations
Most frequently used. The Fed buys and sells US government securities in the open market.
Federal Open Market Committee
Members of the Federal Reserve Board and some bank presidents. Meet periodically to examine wheter to increase or decrease or maintain.
Regulations T, U, X. Regulates the amount of credit extended for the purchase of securities.
Speech (jawboning) by the Chairman of the Federal Reserve Board has tremendous impact on the market.
Call Money Rate
The interest rate charged by banks on loans to B?D's against margin stock collateral.
The Market For Foreign Currency
Trading in foreign currencies, occurs mainly between large banks in major international financial centers. Is not governed by SEC.