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Series 63: Regulation of Broker-Dealers & Agents
Series 63 practice questionhardSharing in Accounts

An agent wants to share in the losses of a customer’s account to show good faith. Both the client and the broker-dealer provide written consent. The agent and customer agree to share losses but not profits. Is this permitted under the USA?

  1. AYes, as long as both parties consent in writing
  2. BYes, but only if the agent shares in both profits and losses
  3. CNo, sharing in only losses is prohibited as it amounts to a guarantee✓ Correct answer
  4. DYes, with notification to the Administrator
Explanation

Why CNo, sharing in only losses is prohibited as it amounts to a guarantee

The USA prohibits sharing only in losses, as it is effectively a guarantee against client losses (USA Section 402). Sharing must be proportional for both profits and losses to be allowed.

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