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Showing posts from August, 2023

SEC CHARGES 10 BROKER/DEALERS/INVESTMENT ADVISERS WITH FAILURE TO KEEP RECORDS OF "OFF-CHANNEL COMMUNICATIONS" WITH CLIENTS

FINRA makes available a Series 6 Content Outline for those planning to sit for the Series 6. This Content Outline describes the subject matter of the Series 6 Exam. The Series 6 Content Outline includes Section 3.4, covering correspondence with clients and mentioning books and records retention requirements. From time to time, the SEC issues press releases about penalties and charges brought against broker/dealers and advisers. Here is one that imposes penalties on 10 firms for inadequate record-keeping of electronic communications with clients, called "off-channel communications." I include the SEC Release here because it demonstrates that a broker or adviser must treat the rules as having real life consequences, potentially bringing serious penalties and large fines for non-observance. Bob Eder in his  Study for the Series 6 Exam  covers correspondence and advertising regulations, with a special emphasis on keeping records, including electronic and off-channel communication

TAKING THE SERIES 6 EXAM? THEN MAKE SURE THAT YOU STUDY AND UNDERSTAND EMPLOYER-SPONSORED STOCK OPTIONS, BOTH QUALIFIED AND NON-QUALIFIED

The Series 6 requires knowledge of employee stock options, both qualified and non-qualified. How do I know this? FINRA publishes a Series 6 Content Outline that lists all the areas covered by the Series 6 Exam, and it lists Employer-Sponsored Plans and Stock Options as Required Knowledge in Section 2.1. Therefore, before sitting for the Series 6 Exam, make sure that you have studied and understand these stock options. Bob Eder in his  Study for the Series 6 Exam has a full treatment of the differences between qualified options, called incentive stock options (ISO), and non-qualified stock options (NQSO). Here is a sample of Bob Eder's discussion: Incentive Stock Options (ISO)                                      (2.1) A recipient of incentive stock options (ISO) must be an employee of the granting corporation. GHI Corp. may not grant ISO's to Dan, a non-employee of GHI. The IRS treats ISO’s with favorable tax treatment. A taxpayer recognizes gain only when he/she sells the