Key Takeaways
- Discretionary accounts require written authorization from the client.
- Power of attorney grants authority to act on client's behalf.
- Margin accounts require separate disclosure and agreement.
- Options accounts need additional approval and disclosures (OCC Characteristics and Risks).
- Principal approval is required for new accounts and certain transactions.
- Supervisory procedures must be reasonably designed to detect violations.
- Client complaints must be investigated and responded to promptly.
- Account activity must be reviewed periodically by supervisors.
Account Management and Supervision
Proper account management and supervision are essential for regulatory compliance and client protection.
Account Types and Authorization
Discretionary Authority
Discretionary authority allows the adviser to make investment decisions without prior client approval for each trade.
| Requirement | Details |
|---|---|
| Written authorization | Client must authorize in writing |
| Scope defined | What discretion covers |
| Trading authorization | Usually via limited power of attorney |
| Account agreement | Part of advisory contract |
Full vs. Limited Discretion
| Type | Authority |
|---|---|
| Full discretion | All investment decisions without consulting client |
| Limited discretion | Specific parameters (e.g., only certain securities) |
| Time/price discretion | Only timing and price of execution (NOT full discretion) |
Power of Attorney
| Type | Authority Granted |
|---|---|
| Limited POA | Trading authority only |
| Full POA | Trading and withdrawal authority |
| Durable POA | Continues during incapacity |
| Non-durable POA | Ends if principal becomes incapacitated |
Margin Accounts
Disclosure Requirements
Before opening a margin account:
| Disclosure | Content |
|---|---|
| Margin agreement | Terms and conditions |
| Margin risk disclosure | Risks of margin trading |
| Credit terms | Interest rates and charges |
| Hypothecation agreement | Firm's rights to client securities |
Key Margin Rules
| Rule | Requirement |
|---|---|
| Regulation T | Initial margin (50%) |
| FINRA minimum | Maintenance margin (25%) |
| House requirements | Firm may require more |
| Margin calls | Must be met promptly |
Margin Suitability
Not all customers are suitable for margin:
- Consider financial resources
- Assess risk tolerance
- Evaluate investment experience
- Determine understanding of margin risks
Options Accounts
Approval Requirements
| Step | Requirement |
|---|---|
| Options agreement | Customer signature required |
| OCC disclosure | Characteristics and Risks of Options |
| Principal approval | ROP must approve account |
| Options level assignment | Based on experience and resources |
Options Trading Levels
| Level | Permitted Strategies |
|---|---|
| Level 1 | Covered calls, protective puts |
| Level 2 | Long calls and puts |
| Level 3 | Spreads |
| Level 4 | Naked options (highest risk) |
OCC Disclosure Document
Characteristics and Risks of Standardized Options must be:
- Delivered at or before account approval
- Updated when available
- Acknowledged by customer
Supervisory Requirements
Principal Responsibilities
| Duty | Description |
|---|---|
| Account approval | Review and approve new accounts |
| Transaction review | Monitor trading activity |
| Correspondence review | Supervise communications |
| Compliance oversight | Ensure rule compliance |
Written Supervisory Procedures (WSP)
Firms must maintain WSPs that are:
- Reasonably designed to prevent violations
- Updated for regulatory changes
- Communicated to all employees
- Enforced consistently
Required Reviews
| Activity | Review Frequency |
|---|---|
| New accounts | Before trading begins |
| Options accounts | Before approval |
| Transactions | Daily exception-based |
| Correspondence | Periodic sampling |
| Advertising | Pre-use approval |
Complaint Handling
Complaint Definition
A complaint is any written grievance involving:
- Sales practices
- Account activity
- Business conduct
- Firm personnel
Response Requirements
| Action | Timeline |
|---|---|
| Acknowledge receipt | Promptly |
| Investigate | Thoroughly and promptly |
| Respond in writing | Within 30 days recommended |
| Document resolution | Maintain records |
Recordkeeping
| Record | Retention |
|---|---|
| Complaint file | 4 years (FINRA) |
| Investigation notes | Part of complaint file |
| Resolution documentation | Part of complaint file |
| Customer correspondence | 3-6 years depending on type |
Account Documentation
New Account Documentation
| Document | Purpose |
|---|---|
| New account form | Customer information |
| Account agreement | Terms and conditions |
| Margin agreement | If margin authorized |
| Options agreement | If options authorized |
| Discretionary authorization | If discretion granted |
Ongoing Documentation
| Document | Purpose |
|---|---|
| Trade confirmations | Record of each transaction |
| Account statements | Monthly/quarterly summaries |
| Correspondence | Client communications |
| Suitability notes | Rationale for recommendations |
Special Account Considerations
Joint Accounts
| Type | Ownership |
|---|---|
| Joint Tenants with Rights of Survivorship (JTWROS) | Survivor takes all at death |
| Tenants in Common (TIC) | Each owns specified share |
| Community Property | Married couples in CP states |
Trust Accounts
- Open in trust's name
- Require trust documents
- Trustee has signing authority
- Must act according to trust terms
Corporate Accounts
- Corporate resolution required
- Authorized signers identified
- EIN/tax ID needed
- May require certified articles
Exam Tip: Discretionary authority requires WRITTEN authorization. Options accounts need OCC disclosure delivered BEFORE account approval. Complaints must be in WRITING to be regulatory complaints. Margin accounts require special disclosures about risk.
Discretionary trading authority requires:
Before opening an options account, a customer must receive:
For FINRA regulatory purposes, a customer complaint must be:
Time and price discretion over an order:
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