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Series 63 Uniform Securities Agent State Law Practice Test

FINRA Series 63 Practice Test

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Today's 10 FINRA Series 63 questions

Use this FINRA Series 63 practice test to review FINRA Series 63 Uniform Securities Agent State Law. Questions rotate daily and each answer links back to the source used to write it.

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Question 1 of 10
Objective Handle a federal covered security notice filing 5. Regulations of Securities and Issuers (9%)

A state examiner demands registration by qualification for a federal covered security and says the state has no other authority over it. The issuer is prepared to make any permitted notice filing and pay the applicable fee. Which response is accurate?

Concept tested:
Question 2 of 10
Objective Apply the de minimis adviser and IAR rule 7. Regulations of Investment Adviser Representatives (5%)

An adviser has no place of business in State X. During the preceding 12 months it advised exactly five noninstitutional clients there plus several institutions excluded from the model-rule count. No fraud issue is present. How should compliance treat the de minimis analysis?

Concept tested:
Question 3 of 10
Objective Prevent unauthorized trading 3. Ethical Practices and Obligations (25%)

In a nondiscretionary account, an agent believes a stock fits the customer's goals and obtains supervisory approval to buy it. The customer bought the same stock previously but has not authorized a new purchase. What should the agent do?

Concept tested:
Question 4 of 10
Objective Apply broker-dealer recordkeeping and reporting duties 1. Regulation of Broker-Dealers (12%)

A state administrator schedules a reasonable examination of a registered broker-dealer's required records. The firm recently underwent a federal review and insists the state must cancel its examination entirely. Which response fits the model Act?

Concept tested:
Question 5 of 10
Objective Correct a misleading securities filing 5. Regulations of Securities and Issuers (9%)

An issuer intentionally omitted a material outstanding debt from a document filed with the administrator even though management knew of the debt at submission. After registration became effective, the issuer amended the filing and claims the correction erased the earlier violation. What should compliance conclude?

Concept tested:
Question 6 of 10
Objective Distinguish state registration from federal covered notice filing 6. Regulations of Investment Advisers (5%)

A firm is already a federal covered adviser. A state examiner demands full state adviser registration and says notice filing is unavailable; the firm also employs an individual representative in the state. What is the best response?

Concept tested:
Question 7 of 10
Objective Issue a cease-and-desist order 8. Remedies and Administrative Provisions (11%)

The administrator obtains evidence that a promoter is scheduled tomorrow to resume an offering that violates the Act. The promoter has not yet completed the threatened new sales. Which administrative response directly targets the imminent illegal activity?

Concept tested:
Question 8 of 10
Objective Share agent compensation lawfully 2. Regulation of Broker-Dealer Agents (13%)

Two agents are appropriately registered with the same broker-dealer and propose sharing transaction compensation. Compliance confirms the relationship is permitted but notices the proposed entries would hide the split as an outside marketing payment. Which response is appropriate?

Concept tested:
Question 9 of 10
Objective Classify limited retail distribution 4. Communication with Customers and Prospects (20%)

A representative plans to send one written market update to 20 existing retail clients and 15 prospective retail clients within 30 calendar days. How should the communication be classified?

Concept tested:
Question 10 of 10
Objective Handle adviser custody 6. Regulations of Investment Advisers (5%)

An advisory firm's principal proposes holding client cash in an account the firm controls so it can settle transactions. The administrator has adopted a rule prohibiting this adviser from taking custody. What should compliance do?

Concept tested:
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Question 1 A state examiner demands registration by qualification for a federal covered security and says the state has no other authority over it. The issuer is prepared to make any permitted notice filing and pay the applicable fee. Which response is accurate?

Answer choices

  1. A. Complete qualification because federal covered status changes only the state filing fee
  2. B. Make no state submission and treat all state antifraud authority as preempted
  3. C. Use any state notice filing and fee permitted within federal limits; state merit registration is preempted, but antifraud authority remains
  4. D. Ask the administrator to approve the security's merits through the notice-filing process

Correct answer

Use any state notice filing and fee permitted within federal limits; state merit registration is preempted, but antifraud authority remains

Federal covered status preempts state merit registration, including qualification, but permits specified state notice filings and fees within federal limits. It does not displace the state's authority to enforce antifraud provisions.

Wrong-answer review

  • A. Complete qualification because federal covered status changes only the state filing fee: Qualification is state merit registration and is not converted into a fee-only process here.
  • B. Make no state submission and treat all state antifraud authority as preempted: Preemption of merit registration does not eliminate permitted notice filings or state antifraud enforcement.
  • D. Ask the administrator to approve the security's merits through the notice-filing process: A notice filing is not a state review or endorsement of the security's investment merits.

Extra learning features

Why candidates miss this

The distractors ‘Complete qualification because federal covered status changes only the state filing fee’ and ‘Make no state submission and treat all state antifraud authority as preempted’ are tempting because they simplify the complex interaction between federal and state regulations. The decisive clue is the recognition that state antifraud authority remains, even with federal coverage, emphasizing the continued need for oversight. Likely wrong answer: Make no state submission and treat all state antifraud authority as preempted Review focus: Uniform Securities Act of 1956 with NASAA Updates and Commentary

Objective/domain: 5. Regulations of Securities and Issuers (9%)

Source: Uniform Securities Act of 1956 with NASAA Updates and Commentary

Question 2 An adviser has no place of business in State X. During the preceding 12 months it advised exactly five noninstitutional clients there plus several institutions excluded from the model-rule count. No fraud issue is present. How should compliance treat the de minimis analysis?

Answer choices

  1. A. Count the institutional clients and require registration because the total exceeds five
  2. B. Require registration because even one noninstitutional client defeats the provision
  3. C. The adviser remains within the de minimis limit, although antifraud rules still apply
  4. D. The adviser is exempt only after opening a place of business in State X

Correct answer

The adviser remains within the de minimis limit, although antifraud rules still apply

Objective/domain: 7. Regulations of Investment Adviser Representatives (5%)

Source: Uniform Securities Act of 1956 with NASAA Updates and Commentary

Question 3 In a nondiscretionary account, an agent believes a stock fits the customer's goals and obtains supervisory approval to buy it. The customer bought the same stock previously but has not authorized a new purchase. What should the agent do?

Answer choices

  1. A. Execute because the earlier purchase creates continuing authority
  2. B. Execute because supervisory approval replaces customer authorization
  3. C. Execute and seek ratification if the position later gains value
  4. D. Wait for the customer's authorization before executing the new transaction

Correct answer

Wait for the customer's authorization before executing the new transaction

Objective/domain: 3. Ethical Practices and Obligations (25%)

Source: Dishonest or Unethical Business Practices of Broker-Dealers and Agents

Question 4 A state administrator schedules a reasonable examination of a registered broker-dealer's required records. The firm recently underwent a federal review and insists the state must cancel its examination entirely. Which response fits the model Act?

Answer choices

  1. A. Cancel automatically because any federal review permanently removes state examination authority
  2. B. Require no records because only annual financial reports may be examined
  3. C. Permit the reasonable state examination while considering regulatory cooperation to reduce unnecessary duplication
  4. D. Permit examination only if every customer first consents in writing

Correct answer

Permit the reasonable state examination while considering regulatory cooperation to reduce unnecessary duplication

Objective/domain: 1. Regulation of Broker-Dealers (12%)

Source: Uniform Securities Act of 1956 with NASAA Updates and Commentary

Question 5 An issuer intentionally omitted a material outstanding debt from a document filed with the administrator even though management knew of the debt at submission. After registration became effective, the issuer amended the filing and claims the correction erased the earlier violation. What should compliance conclude?

Answer choices

  1. A. Effectiveness proves that the administrator verified the original document as complete
  2. B. The amendment corrects the current record but does not make the intentional prior material omission lawful
  3. C. The original omission becomes immaterial whenever it is disclosed before an investor complains
  4. D. Only the latest version can be evaluated because filed statements are never judged when made

Correct answer

The amendment corrects the current record but does not make the intentional prior material omission lawful

Objective/domain: 5. Regulations of Securities and Issuers (9%)

Source: Uniform Securities Act of 1956 with NASAA Updates and Commentary

Question 6 A firm is already a federal covered adviser. A state examiner demands full state adviser registration and says notice filing is unavailable; the firm also employs an individual representative in the state. What is the best response?

Answer choices

  1. A. Use the required state notice-filing process for the federal covered adviser while separately analyzing the representative's registration and preserving state antifraud authority
  2. B. Complete full state adviser registration because federal covered status has no effect on the firm's filing path
  3. C. Make no state filing and disregard both state antifraud authority and representative registration
  4. D. Convert the representative automatically into a federal covered adviser so neither party has state obligations

Correct answer

Use the required state notice-filing process for the federal covered adviser while separately analyzing the representative's registration and preserving state antifraud authority

Objective/domain: 6. Regulations of Investment Advisers (5%)

Source: Uniform Securities Act of 1956 with NASAA Updates and Commentary

Question 7 The administrator obtains evidence that a promoter is scheduled tomorrow to resume an offering that violates the Act. The promoter has not yet completed the threatened new sales. Which administrative response directly targets the imminent illegal activity?

Answer choices

  1. A. Wait for the sales to finish because relief is available only after a completed violation
  2. B. Enter a final criminal judgment against the promoter without referral or court process
  3. C. Issue a cease-and-desist order directing the promoter to stop, while retaining the option to seek court relief
  4. D. Approve the offering temporarily and address the violation only through later restitution

Correct answer

Issue a cease-and-desist order directing the promoter to stop, while retaining the option to seek court relief

Objective/domain: 8. Remedies and Administrative Provisions (11%)

Source: Uniform Securities Act of 1956 with NASAA Updates and Commentary

Question 8 Two agents are appropriately registered with the same broker-dealer and propose sharing transaction compensation. Compliance confirms the relationship is permitted but notices the proposed entries would hide the split as an outside marketing payment. Which response is appropriate?

Answer choices

  1. A. Allow the permitted split only if the firm's books accurately reflect the compensation
  2. B. Allow the hidden payment because both recipients are registered
  3. C. Prohibit every commission split, including those within a permitted registered relationship
  4. D. Allow the split if it is called a referral fee rather than transaction compensation

Correct answer

Allow the permitted split only if the firm's books accurately reflect the compensation

Objective/domain: 2. Regulation of Broker-Dealer Agents (13%)

Source: Dishonest or Unethical Business Practices of Broker-Dealers and Agents

Question 9 A representative plans to send one written market update to 20 existing retail clients and 15 prospective retail clients within 30 calendar days. How should the communication be classified?

Answer choices

  1. A. As correspondence because only existing clients count toward the threshold
  2. B. As retail communication because the 35 retail investors include prospective customers
  3. C. As institutional communication because the update discusses market conditions
  4. D. As correspondence because each recipient receives an individually addressed copy

Correct answer

As retail communication because the 35 retail investors include prospective customers

Objective/domain: 4. Communication with Customers and Prospects (20%)

Source: FINRA Rule 2210: Communications with the Public

Question 10 An advisory firm's principal proposes holding client cash in an account the firm controls so it can settle transactions. The administrator has adopted a rule prohibiting this adviser from taking custody. What should compliance do?

Answer choices

  1. A. Take custody after increasing the firm's bond because bonding overrides the prohibition
  2. B. Reject the arrangement because notice cannot authorize custody that an administrator rule prohibits
  3. C. Take custody after notifying the administrator that the firm may hold client cash
  4. D. Treat custody as ordinary discretionary authority and rely on the client's trading consent

Correct answer

Reject the arrangement because notice cannot authorize custody that an administrator rule prohibits

Objective/domain: 6. Regulations of Investment Advisers (5%)

Source: Uniform Securities Act of 1956 with NASAA Updates and Commentary

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