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:
- ATreat her as an agent and require registration in State M.✓ Correct answer
- BWaive agent registration due to the issuer exemption.
- CAllow her to act without registration if the securities are federally covered.
- DRequire registration only if she solicits institutional clients.
Explanation
Why A — Treat 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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