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Series 63: Regulation of Securities & Issuers
Series 63 practice questionhardDistinction: certificate of interest vs. fixed annuity

A William Blair agent is asked whether a 'certificate of interest in a profit-sharing agreement' and a fixed annuity contract are both considered securities under the Uniform Securities Act. Which statement is ACCURATE?

  1. ABoth are securities under the USA.
  2. BOnly the certificate of interest is a security; a fixed annuity is not.✓ Correct answer
  3. COnly the fixed annuity is a security; the certificate of interest is not.
  4. DNeither is a security under the USA.
Explanation

Why BOnly the certificate of interest is a security; a fixed annuity is not.

Certificates of interest in profit-sharing agreements are securities (USA Sec. 401(13)); fixed annuities are specifically excluded. The reverse is not true, nor are both/neither included. This distinction is a common exam nuance.

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