Series 63 practice questionhardAdministrator Judgment and Revocation
A registered adviser claims exemption for all new business based on institutional clients. Later, the Administrator discovers the adviser has 5% of its client base as retail clients. What is the Administrator’s MOST LIKELY course of action under the USA?
- ARevoke the adviser’s exemption retroactively to the date retail clients were accepted.
- BAllow the exemption to continue since most clients are institutional.
- COrder the adviser to register and may take action for unregistered activity.✓ Correct answer
- DDo nothing if the adviser was unaware of the non-institutional client mix.
Explanation
Why C — Order the adviser to register and may take action for unregistered activity.
The exemption is lost as soon as non-institutional clients are served, regardless of proportion (USA 403(b)(7)). The Administrator may require retroactive registration and penalize unregistered activity. Option A is too broad; B and D ignore the loss of exemption.
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