Series 63 practice questionmediumLimited Offering Exemption—Commissions
A broker-dealer participates in a private placement in State Z, selling to seven non-institutional clients and one institutional client over a 12-month period. The BD receives commissions on all sales. Which is MOST accurate?
- AThe offering is exempt for both types of clients.
- BIt is exempt for the institutional client only; commissions disqualify the exemption for retail clients.✓ Correct answer
- CNo exemption applies because commissions are paid.
- DIt's exempt for retail clients only, not for the institutional client.
Explanation
Why B — It is exempt for the institutional client only; commissions disqualify the exemption for retail clients.
USA §402(b)(9) allows commission for institutional clients but not for non-institutional/retail clients for this exemption. Commissions for retail clients violate the exemption; institutional clients are not counted against the 10-person limit.
Turn it into reps
Reading one answer is not the same as being ready
Lucky the Banker is a free practice app with 1,051+ Series 63 questions, weak-area tracking, and timed mock exams. No credit card, no paywall.
Spot an error in this question or explanation? Tell us — we fix these fast.
Related Regulation of Broker-Dealers & Agents questions
- A Canadian broker-dealer, properly exempt in State Y, has a client who was a Canadian resident but moved to State Y six…
- All of the following are TRUE regarding the snowbird exemption and the Canadian broker-dealer exemption under the USA…
- A broker-dealer completes two separate limited offerings in State V during a calendar year: one to eight individuals in…
- Sarah works as a receptionist at a broker-dealer firm. She answers phones, greets visitors, and occasionally tells…
- Which of the following scenarios would NOT qualify for the snowbird exemption for broker-dealers under the USA?
- Which of the following is NOT a requirement for a Canadian broker-dealer to rely on the Canadian BD exemption under the…
- In a state that has adopted NASAA's Canadian broker-dealer model rule, a Canadian broker-dealer wants to service an…
- A broker-dealer sells an unregistered security to eight non-institutional investors in a state within a 12-month…
