Question

Difficulty: HardRegulation Best Interest (Reg BI) and Form CRS Requirements

A prospective retail client meets with a registered representative at a broker-dealer to discuss transferring assets from an external account. During this initial advisory conversation, before any formal account application is signed or any order is placed, the representative recommends a specific asset allocation model comprising mutual funds and variable annuities. Under SEC Regulation Best Interest (Reg BI) rules, which of the following statements accurately describes the firm's obligation regarding the delivery of Form CRS (Client Relationship Summary)?

  1. The firm must deliver Form CRS to the prospective retail client before or at the earliest point of making the investment strategy recommendation, regardless of whether an account has been formally opened.Answer
  2. B
    Form CRS delivery is not required until the client officially completes the account opening agreement, provided it is delivered prior to the settlement of the first trade.
  3. C
    The firm is exempt from Form CRS delivery during prospective consultation meetings if the investment strategy involves registered investment company products covered by separate prospectus delivery rules.
  4. D
    Form CRS must be delivered to the client within 30 calendar days following the initial meeting, provided the representative documents the discussion in the firm's books and records.

Answer

The firm must deliver Form CRS to the prospective retail client before or at the earliest point of making the investment strategy recommendation, regardless of whether an account has been formally opened.
The correct option correctly states that Form CRS must be delivered at or before the earliest trigger event. Under SEC rules governing Regulation Best Interest, making a recommendation of an investment strategy to a prospective retail customer is an independent trigger that requires immediate delivery of Form CRS, even if account documentation has not yet been executed.

Step-by-Step Solution

1
Identify the applicable regulatory standard
Regulation Best Interest (Reg BI) and SEC Form CRS delivery requirements apply to communications with retail investors.
Form CRS mandates relationship summaries for retail customers at key initial interaction points.
2
Determine the specific delivery trigger in the scenario
The representative made a explicit recommendation of an investment strategy (asset allocation model) during a prospective consultation.
Form CRS rules specify that delivery must occur before or at the earliest of making a recommendation, placing an order, or opening an account.
3
Evaluate the correct timing constraint
Making the recommendation represents the earliest trigger event in this timeline, so Form CRS must be delivered before or at that exact moment.
Waiting for formal account opening or trade execution fails the 'earliest trigger' standard required by the SEC.

Key Concept

Form CRS Delivery Triggers under Regulation Best Interest
Estimated Time:1m 30s
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