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