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Series 63: Regulation of Investment Advisers
Series 63 practice questionmediumCompensation—Fee vs. Commission

A registered agent at a broker-dealer provides tailored investment advice to clients and receives both commissions on trades and a separate annual fee for the advice. Which of the following BEST describes this agent's status under the USA?

  1. AAgent, not an investment adviser, because agents are always excluded.
  2. BInvestment adviser, because they receive a separate fee for advice beyond commissions.✓ Correct answer
  3. CAgent and investment adviser, but only if the firm is not registered as a broker-dealer.
  4. DNeither agent nor investment adviser, as the advice is solely related to trades.
Explanation

Why BInvestment adviser, because they receive a separate fee for advice beyond commissions.

Agents who charge a separate fee for advice, in addition to commission, meet the compensation prong and are not excluded from adviser status (USA §401(c)). Option A is wrong—agents are excluded only if advice is incidental and no separate fee is charged.

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