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Series 63: Regulation of Broker-Dealers & Agents
Series 63 practice questionhardDistinction: Unsuitable vs. Fraudulent

An agent negligently recommends unsuitable, high-risk options strategies to a novice client, resulting in substantial losses. There is no intent to defraud. Which statement BEST reflects the USA’s view?

  1. AThe agent can be held liable for unsuitable recommendations, even absent fraud✓ Correct answer
  2. BThe agent is only liable if fraud is proven
  3. CNegligent recommendations are not prohibited
  4. DOnly the broker-dealer would be liable
Explanation

Why AThe agent can be held liable for unsuitable recommendations, even absent fraud

The USA prohibits unsuitable recommendations regardless of intent (USA 412), and both agents and broker-dealers may be liable. B, C, and D ignore the strict liability attached to suitability violations.

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