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Exam Series 63 topic 1 question 184 discussion

Actual exam question from FINRA's Series 63
Question #: 184
Topic #: 1
[All Series 63 Questions]

Which of the following scenarios does not meet the definition of "custody" under NASAA Model Rules?

  • A. An investment adviser is mistakenly sent a client's securities, but returns them to the sender within three business days of receipt.
  • B. An investment adviser has general power of attorney for a client and is authorized to withdraw client funds or securities that are on deposit with a registered broker-dealer upon the investment adviser's request.
  • C. An investment adviser receives a check from a client that is written to a mutual fund and forwards the check to the mutual fund within three business days of receipt.
  • D. An investment adviser keeps a client's securities in its safety deposit box.
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Suggested Answer: A 🗳️
If an investment adviser is mistakenly sent a client's securities, but returns them to the sender within three business days of receipt, he is not deemed to have taken custody of the securities under NASAA Model Rules. Custody is defined by the NASAA as "holding directly or indirectly, client funds or securities, or having any authority to obtain possession of them." Therefore, an investment adviser who has general power of attorney to withdraw a client's funds or securities from a broker-dealer is acting as a custodian, as is an investment adviser who keeps a client's securities in its safety deposit box. If an investment adviser receives a check from a client that is written to a third party, such as a mutual, that check must be forwarded within 24 hours of receipt, or the investment adviser is deemed to be a custodian.

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Lehj
4 years ago
Checks can now be returned within 3 business days
upvoted 1 times
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