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Series 63: Regulation of Broker-Dealers & Agents
Series 63 practice questionhardHard—Exempt Transactions & Compensation

A BD employee in State M receives a cash bonus specifically tied to sales of non-exempt securities issued by her employer, the BD itself, to retail clients. The Administrator will MOST LIKELY:

  1. ATreat her as an agent and require registration in State M.✓ Correct answer
  2. BWaive agent registration due to the issuer exemption.
  3. CAllow her to act without registration if the securities are federally covered.
  4. DRequire registration only if she solicits institutional clients.
Explanation

Why ATreat her as an agent and require registration in State M.

An employee representing a BD in the sale of any securities (even its own) to the public is an agent and must register (Sec. 401(c)). The issuer exemption does not apply to BD employees; it is limited to issuer reps in certain exempt situations.

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