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Series 63: Regulation of Investment Advisers
Series 63 practice questioneasyLawyer, Accountant, Teacher, Engineer (LATE) Exclusion

A CPA provides incidental investment advice while preparing a client’s tax return. Is the CPA required to register as an investment adviser?

  1. ANo, because of the LATE exclusion.✓ Correct answer
  2. BYes, because investment advice was provided.
  3. CNo, if the client is an institution.
  4. DYes, unless the CPA does not charge a fee.
Explanation

Why ANo, because of the LATE exclusion.

Lawyers, Accountants, Teachers, and Engineers (LATE) are excluded from the IA definition when advice is incidental to their professional practice (Section 401(c)). Charging a fee or the client’s status does not change this exclusion.

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