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Zorluk: OrtaBroker-Dealers, Investment Advisers, and Intermediaries

Under U.S. federal securities regulations, market participants receive services from both Broker-Dealers and Investment Advisers. Which of the following statements correctly distinguish the regulatory obligations and operational characteristics of Investment Advisers from those of Broker-Dealers?

  1. Investment Advisers owe an ongoing fiduciary duty to act in their clients' best interests at all times under the Investment Advisers Act of 1940.Cevap
  2. Investment Advisers are primarily compensated through fee-based arrangements, such as a percentage of assets under management (AUM), rather than transaction-based commissions.Cevap
  3. C
    Investment Advisers fill customer order flow primarily by acting as market makers trading directly out of their own inventory for a markup.
  4. D
    Broker-Dealers rely on state securities administrators to automate post-trade clearing, netting, and settlement comparison across member firms.

Cevap

The correct statements are that Investment Advisers owe an ongoing fiduciary duty to act in their clients' best interests under the Investment Advisers Act of 1940, and that they are primarily compensated through fee-based arrangements (such as an AUM percentage) rather than transaction-based commissions.
Under federal law, Investment Advisers are subject to the Investment Advisers Act of 1940, establishing an explicit fiduciary duty to put client interests first. Furthermore, their business model centers on fee-based compensation (such as percentage of AUM, hourly rates, or flat fees) rather than transaction-driven commissions or markups earned by broker-dealers.

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1
Analyze the legal standard governing Investment Advisers versus Broker-Dealers.
Investment Advisers operate under the Investment Advisers Act of 1940 as fiduciaries, whereas Broker-Dealers operate under the Securities Exchange Act of 1934.
Establishing the correct statutory framework clarifies the legal duty owed to clients.
2
Evaluate the compensation model that triggers Investment Adviser status.
Providing advice for special compensation (such as hourly, flat, or AUM-based fee structures) defines investment adviser activity, contrasting with broker-dealer commission and markup models.
Compensation type is a primary distinction between advisory and broker-dealer activities.
3
Identify and eliminate options describing broker-dealer principal trading and clearing infrastructure.
Market making out of proprietary inventory is a broker-dealer principal capacity, and trade clearance is handled by clearing corporations like NSCC/DTC rather than state administrators.
Operational trade execution and post-trade settlement functions belong to dealers and clearing agencies respectively.

Anahtar Kavram

Investment Adviser vs. Broker-Dealer Statutory Roles and Intermediary Clearing Infrastructure
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