Soru

Zorluk: OrtaProhibited Market Manipulation and Fraudulent Practices

A registered representative frequently buys and sells securities in a customer's discretionary account primarily to generate additional sales commissions, without regard for the customer's stated investment objectives or financial profile. Which of the following statements correctly identifies this prohibited activity and the regulatory body with direct oversight over FINRA member conduct?

  1. This practice is defined as churning, and SROs such as FINRA enforce rules prohibiting member firms and registered representatives from engaging in excessive trading.Cevap
  2. B
    This practice is defined as wash trading, and FINRA maintains exclusive criminal prosecution powers over representatives engaging in excessive commission generation.
  3. C
    This practice is defined as churning, but FINRA lacks jurisdiction over sales practice violations because SRO authority is limited strictly to government bond auctions.
  4. D
    This practice is defined as principal trading, which prohibits broker-dealers from acting as agents when handling discretionary customer accounts.

Cevap

The prohibited practice is churning, and Self-Regulatory Organizations (SROs) like FINRA hold authority to enforce rules against excessive trading in customer accounts.
Executing transactions in a customer's account primarily to generate commissions without regard for the customer's investment goals constitutes churning, a major violation of SRO (FINRA) conduct rules.

Adım Adım Çözüm

1
Identify the trading activity described in the scenario
Trading in a customer's account primarily to generate commissions rather than serving customer interests is classified as churning.
Regulators evaluate account turnover, trade frequency, and financial objectives to determine whether trading is excessive and intended solely for broker compensation.
2
Identify the regulatory agency and its authority
FINRA is a Self-Regulatory Organization (SRO) overseen by the SEC that enforces sales practice rules and ethical conduct standards across member broker-dealers.
Understanding SRO jurisdiction helps distinguish SRO regulatory enforcement from government criminal prosecution powers.

Anahtar Kavram

Churning and SRO Regulatory Authority
Bu soruyu puanla