Series 63 practice questionhardExemption for Advisers to Institutions
An investment adviser with no office in State E only provides advice to 3 insurance companies in State E. The state administrator issues an order removing the institutional exemption. The adviser's best course of action is:
- ACease doing business in State E or register as an IA there.✓ Correct answer
- BContinue advising insurance companies under federal law.
- CRegister only if the adviser has more than five clients.
- DRely on the LATE exclusion.
Explanation
Why A — Cease doing business in State E or register as an IA there.
The Administrator may withdraw exemptions (Section 403(b)(6)). If so, the adviser must either register or cease activity. Federal law or LATE exclusions do not apply in this scenario.
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