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Series 63: Regulation of Broker-Dealers & Agents
Series 63 practice questionhardProhibited Practices — Scenario

Agent Robert guarantees a new client that her $100,000 investment will grow to at least $150,000 within one year. When the account loses value, the client sues. Which prohibited practice has Robert committed?

  1. AChurning
  2. BSelling away
  3. CGuaranteeing a customer against loss in a securities transaction✓ Correct answer
  4. DFront-running
Explanation

Why CGuaranteeing a customer against loss in a securities transaction

Under USA Section 502 and NASAA model rules, guaranteeing a customer against loss or guaranteeing a specific return on a securities investment is a prohibited practice. Securities investments inherently carry risk, and no agent may promise a guaranteed outcome. Robert's promise of growth to $150,000 constitutes a prohibited guarantee.

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