Q Bank Unit 3.2 Series 63Under the Uniform Securities Act, the state Administrator may by order deny, suspend or revoke an investment adviser's registration for:A) lack of experience as an investment adviser. Show
B) violation of another state's securities laws within the last 5 year Answer: B According to the USA, under which of the following circumstances may an Administrator cancel an agent's registration?A) The Administrator determines it would be in the public interest.B) The agent is the subject of an insider trading lawsuit. C) The age Answer: D Under the Uniform Securities Act, the Administrator may designate another officer to:A) serve subpoenas.B) grant registration exemptions.C) issue a cease and desist order. D) set recordkeeping requirements. Answer: A The Uniform Securities Act provides that the state Administrator may deny the registration of a broker/dealer for all of the following reasons EXCEPT that:A) a willful violation of the Uniform Securities Act has occurred. B) the applicant is financially Answer: D Disciplinary proceedings under the Uniform Securities Act require the Administrator to provide which of the following?An opportunity for a hearing.Written findings of facts and conclusions of law.Appropriate prior notice.A) II and III. B) I, II and II Answer: B A registered investment adviser has been investigated by the Administrator for fraudulent misrepresentations purportedly made to several clients. If the IA is found to have been in violation of the Uniform Securities Act, this may result in: Answer: D The Administrator may impose disciplinary action against a registrant when the registrant has:violated the provisions of federal securities law.engaged in unethical practices, even if no law was broken. failed to properly supervise an employee who commi Answer: C Under the USA, which of the following are grounds for suspension, denial, or revocation of an issuer's registration statement?Information in the registration statement is incomplete.Unreasonable compensation to the underwriters. Failure to pay filing fe Answer: A On determining that a registrant or applicant for registration is no longer in existence or has ceased doing business as either an agent or a broker/dealer, the Administrator may:A) revoke the registration.B) issue a cease and desist order. C) cancel th Answer: C The Administrator may deny a person's registration as an investment adviser representative if the person meets which of the following criteria?Has a recent securities-related criminal record. Has recently been convicted of a felony not related to the sec Answer: A Under the USA, the Administrator may do all of the following EXCEPT:A) revoke a previously allowed exemption.B) issue an injunction to force compliance with an Administrator's rule. C) issue a stop order to revoke the effectiveness of a registration sta Answer:
B An agent's license could be revoked if he were any of these EXCEPT:A) declared insolvent.B) convicted of a nonsecurities-related felony.C) under 21 years of age. D) convicted of a securities-related misdemeanor. Answer: C Which of the following would subject an agent to a denial of registration?An arrest for fraudulent behavior in selling securities to an insurance company 2 years ago.Conviction of a securities-related misdemeanor eight years ago. Losing a civil lawsuit Answer: C Which of the following statements would justify an Administrator's denial of a security's registration?The order is in the public interest.The company has not been paying dividends.The underwriter's compensation is excessive.A) I and II. B) III only. Answer: C Under the USA, a state securities Administrator can:start an investigation against a registrant even if a violation has not yet occurred.subpoena witnesses living in the Administrator's state only.subpoena witnesses living outside the state. begin an i Answer: B Under the USA, a sales agent's registration may be suspended by the Administrator for all of the following reasons EXCEPT:A) the agent is convicted of willful violations of the USA. B) the agent is accused of violations of the antifraud provisions of the Answer: B Under the Uniform Securities Act, which of the following could be cause for disciplinary review action by the state securities Administrator? Answer: B An Administrator has specific authority under the USA to:suspend the registration of a security if the suspension is in the public interest and the offering has excessive commissions.issue emergency injunctions to prevent a violation of the act. enforce Answer: B An Administrator may issue a stop order if it is in the public interest and the:A) registrant is subject to an administrative stop order of a neighboring state.B) Administrator disapproves of the quality of the products manufactured by the registrant. C Answer: A In conducting investigations, the Administrator may:require a person to file a statement in writing and under oath.publish information of any violation over the vigorous objections of a violator. make investigations both inside the state and in other st Answer: D An Administrator may deny or suspend a registration in all of the following situations EXCEPT:A) if the registrant has failed to properly supervise agents and investment adviser representatives. B) if the applicant is not qualified on the basis of experi Answer: B Under which of the following circumstances may an Administrator revoke an adviser's registration?A) The adviser cannot be located after a reasonable search by the Administrator.B) The adviser is no longer in business. C) The adviser has been convicted o Answer: C Under the Uniform Securities Act, the Administrator may deny or revoke a registration if an agent:submits an incomplete application.willfully violates a provision of the Act.has no prior sales experience. was convicted of a non-securities related misde Answer: C The Administrator may:deny a registration if the registrant does not have sufficient experience to function as an agent. limit a registrant's functions to that of a broker/dealer if, in the initial application for registration as an investment adviser, t Answer: B An Administrator may summarily suspend a registration pending final determination of proceedings under the USA. However, the Administrator may NOT enter an order without:appropriate prior notice to the registrant.an opportunity for a hearing. findings o Answer: B Under the Uniform Securities Act, all of the following statements regarding a broker/dealer withdrawing its registration are true EXCEPT:A) it cannot take effect if the Administrator is instituting a revocation proceeding. B) it is generally effective 30 Answer: D The Uniform Securities Act invests the Administrator with many powers over the activities of agents and broker/dealers. Which of the following actions does NOT fall within the Administrator's powers?A) Issuing cease and desist orders without a hearing. B Answer: C The Administrator has authority to:issue a cease and desist order without a hearing.issue a cease and desist order only after a hearing. suspend a securities registration upon discovering an officer of an issuer whose securities are traded on the NYSE h Answer: D Among the powers granted to the Administrator under the Uniform Securities Act is the power to:A) deny the registration of an agent solely because of lack of experience.B) subpoena witnesses or documents.C) appoint a SIPC trustee. D) take criminal acti Answer: B The Administrator of a state's securities department strongly believes that the registration statement for a security contains a substantial amount of misleading information and that investing in the security is likely to cause immediate and egregious har Answer: C Under the Uniform Securities Act, a state securities Administrator who believes that a registered investment adviser representative is about to violate a provision of the act would initially:A) issue a cease and desist order. B) issue an order that perma Answer: A Under the Uniform Securities Act, the Administrator may:A) relax the antifraud provisions for investment adviser representatives not residing in the state. B) make rules, orders, and forms the Administrator considers necessary to carry out the provisions Answer: B If the Administrator has summarily suspended an investment adviser representative's registration, the registrant may request a hearing by written request and the hearing will be granted within:A) 45 days.B) 60 days.C) 15 days. D) 30 days. Answer: C Which of the following statements is TRUE?A) Hearings of an Administrator must be held in public.B) An Administrator may not refuse a registrant's request to hold hearings in private. C) An Administrator may, at the request of a registrant, hold hearing Answer: C Under the Uniform Securities Act, the Administrator may:gather evidence within its state.gather evidence in any state.subpoena witness.require evidence be produced from outside the state.A) I, II, III and IV.B) I and II.C) I and III. D) II and III. Answer: A Which of the following statements relating to termination of registration of a securities professional registered under the USA is TRUE?A) A registration, once in effect, may never be voluntarily withdrawn. B) An Administrator may deny a registration of Answer: D The issuance of a stop order by a state securities Administrator requires:A) an issuance of an injunction by a court with jurisdiction over such issues.B) the subject to stop the activity without the opportunity for hearing. C) an issuance of criminal c Answer: D If, in the opinion of the Administrator, an agent is about to engage in a prohibited activity, the Administrator may:A) issue a cease and desist order.B) arrest the agent.C) issue an injunction. D) suspend the agent's registration pending the outcome o Answer: A The Administrator of State X receives a phone call warning that within the next couple of weeks, a scam is going to be perpetrated in his state by someone from State Y. The tipster even supplies the Administrator with names of people who will be involved Answer: C Under which of the following circumstances can an Administrator initiate a suspension or revocation proceeding against a broker/dealer registered in the state?On discovery that the broker/dealer's license had been suspended in another state. On the convi Answer: A To protect the public, the Administrator may:deny the registration of an agent with insufficient net capital. require an applicant for registration as both a broker/dealer and an investment adviser to limit activities to those of a broker/dealer due to l Answer: B When the Administrator issues a cease and desist order,A) the subject of the order may appeal to the proper court.B) clients who purchased the affected securities must receive a prompt refund of the consideration paid. C) it is tantamount to a suspensio Answer:
D A registration of an agent can be denied or revoked if it is in the public interest and:a registrant fails to include the fact that he had been convicted of a nonsecurities-related misdemeanor within the last 2 years. a registrant has willfully violated Answer: C Under the Uniform Securities Act, which of the following statements regarding investigations conducted by the Administrator is TRUE?Information regarding violations must be kept confidential.Investigations may be conducted across state lines. The Admini Answer: A The Administrator could deny or revoke the registration of a broker/dealer if:A) an officer of the firm was found to be in violation of SEC rules 22 years ago.B) one of the firm's officers was convicted of a misdemeanor for being a scofflaw. C) the majo Answer: D Under the Uniform Securities Act, the Administrator has the power to deny, suspend, or revoke the registration of an issue if it is in the public interest and: Answer: B An Administrator may initiate a suspension or revocation proceeding against a broker/dealer registered in his state:up to 2 years after a broker/dealer voluntarily withdraws its registration. when an agent of the broker/dealer is convicted of a felony vi Answer: C While the Administrator has great power, the USA does place some limitations on the office. Which of the following statements regarding those powers are TRUE?In conducting an investigation, an Administrator can compel the testimony of witnesses. Investig Answer: D There are several ways that a securities professional's registration can be terminated. Nonpunitive termination of a securities professional's registration could be done through:cancellation.suspension.revocation.withdrawal.A) I and IV. B) I and III. Answer: A The Administrator may deny an application for registration as an agent if:the applicant has been convicted of a misdemeanor involving securities fraud within the past 120 months.the applicant is insolvent. the applicant has been convicted of a felony wi Answer: A Which of the following statements (is) are TRUE?An Administrator can suspend a pending registration on a summary basis.An Administrator may not summarily issue a stop order without prior notice and opportunity for a hearing. An Administrator may cancel Answer: D Which of the following statements regarding a cease and desist order are TRUE?It is an order to stop a specified activity immediately. If the registered agent continues to violate the statute, the registered agent may become the subject of a court issued Answer: C Under the Uniform Securities Act, in order for the Administrator to suspend an agent's registration:notice must be given of the proposed action and hearingnotification must be given to the employing broker/dealer of the final order the agent must be pre Answer: C An applicant for registration as an investment adviser discloses on Form ADV that it plans to use palm readers to help determine which investments are most suitable for their clients. Under the Uniform Securities Act, the Administrator: Answer: A The Uniform Securities Act invests the office of the Administrator with a number of powers. However, the act does not permit the Administrator to:A) issue a cease and desist order without prior notice. B) insist that specific forms be used to register se Answer: D The state securities Administrator has the authority to:A) issue and enforce an injunction against a registered party.B) make, amend, or rescind rules,forms, and orders necessary to administer the USA.C) amend or alter the Uniform Securities Act. D) is Answer: B The Administrator of a state securities department conducted a hearing regarding misconduct by an investment adviser registered at the state level. The Administrator required the adviser, as well as several clients who had lodged complaints against the ad Answer: D While a student at college nine years ago, Joe was convicted of possession of marijuana (a misdemeanor in that state) and received a suspended sentence. Joe now resides in a different state where the same offense is a felony. If Joe disclosed the matter o Answer: B An applicant for registration as an IAR in this state was convicted 4 years ago of a nonfinancially related crime in another state. Under that state's laws, the crime was a misdemeanor, but under this state's laws, it is a felony. When viewing this IAR's Answer: B It is a violation of the Uniform Securities Act if an agent:A) engages in honest or ethical business practices.B) files a fraudulent application.C) makes any material representation in the offer or sale of a security. D) offers or sells any security un Answer: B If an agent's registration is revoked for a violation of the Act, the Administrator may deny a future application submitted by the agent for:agent.broker/dealer.investment adviser.A) I only.B) I and II.C) II only. D) I, II and III. Answer: D A broker/dealer having no place of business in a state is not required to be registered in that state if the broker/dealer:A) does no business in that state other than with institutional clients.B) is a member of FINRA. C) is a member of the New York St Answer: A Under the Uniform Securities Act, the Administrator has the power to:administer oaths.indict offenders.subpoena witnesses.take evidence.A) I, II, III and IV.B) I, III and IV.C) I and III. D) II, III and IV. Answer: B Under the Uniform Securities Act, as a result of a hearing, the disciplinary actions that may be taken by the Administrator include which of the following?Permanent revocation of a registration.Bar from employment with any registrant. Restriction on a r Answer: B Under the Uniform Securities Act, in which of the following circumstances may the Administrator take action against an advisory firm? Answer: D Under the Uniform Securities Act, the Administrator is required to provide which of the following in a disciplinary proceeding?Appropriate prior notice.Opportunity for a hearing.Written findings of fact and conclusions of law.A) I and III. B) III only Answer: C Before taking any disciplinary action with respect to a registration under the Uniform Securities Act, the Administrator must always do which of the following?Obtain the approval of the appropriate state court. Find that the action is in the public inter Answer: A Under the Uniform Securities Act, which of the following would cause an agent's registration to be canceled by the Administrator?The agent has died.The agent is found by a court to be mentally incompetent. The agent cannot be located after reasonable se Answer: B Under the Uniform Securities Act, which of the following concerning the withdrawal of an agent's registration is NOT true?A) Absent any disciplinary proceedings, withdrawal is effective 30 days after application. B) At the Administrator's discretion, dis Answer: D Under the Uniform Securities Act, the Administrator is given the power to:examine files of registered persons who have their offices out of state.designate an officer who will then have the power to take evidence regarding investigations. sentence willf Answer: D Under the Uniform Securities Act, violations of the act may result in all of the following EXCEPT:A) an arrest being made by the Administrator.B) A receiver being appointed over the violator's assets. C) A court order requiring the violator to make rest Answer: A Under the Uniform Securities Act, which of the following is NOT a reason for canceling an agent's registration?A) The agent has ceased to do business as an agent.B) The agent has engaged in an unethical business practice. C) The agent has been found by Answer: B Under the Uniform Securities Act, an Administrator who believes a violation has occurred or is about to occur mayissue a cease and desist order without a prior hearing bring action to obtain an injunction and have a receiver appointed over the alleged vi Answer: A Under the Uniform Securities Act, which of the following statements are TRUE about the authority of an Administrator?A cease and desist order may be issued prior to a hearing.A cease and desist order may be issued after a hearing. A cease and desist ord Answer: A When an Administrator acts summarily to postpone or suspend a registration of a security, which of the following statements is (are) TRUE under the Uniform Securities Act?The suspension will not go into effect until after a hearing. The registrant must b Answer: D Which of the following would be cause for the state administrator to deny a registration if there is non payment of the proper application filing fee?The Administrator will deny an application for registration if the applicant has been convicted of a securities-related misdemeanor or any felony within the past ten years. Bankruptcy is not a cause for denial, and one does not have to be a resident of a state in order to become licensed in that state.
Which of the following could be a reason for the Administrator to deny an applicant's registration as an investment adviser representative?The Administrator may deny a registration if the applicant has been the subject of an adverse order entered by the Administrator of another state within the past 10 years. Registrations may be suspended if agents or investment adviser representatives are not properly supervised.
Which of the following would subject an agent to a denial of registration?Which of the following would subject an agent to a denial of registration? Conviction, not merely an arrest, for a misdemeanor involving securities within the past ten years, and failure to pay filing fees are grounds for denial.
Does the administrator have the power to require sworn oaths?Does the Administrator have the power to require sworn oaths? Yes, because the Administrator is empowered to administer oaths as provided in the Uniform Securities Act, as enacted in the Administrator's state of jurisdiction.
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