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Series 63: Regulation of Investment Advisers
Series 63 practice questionhardAdministrative Action—Cease and Desist

An unregistered individual in State X receives compensation for providing a written asset allocation plan (with specific mutual fund recommendations) to five clients. When the Administrator becomes aware, the MOST LIKELY action is:

  1. AIssue a cease and desist order and seek civil penalties for unregistered investment adviser activity.✓ Correct answer
  2. BRequest that the individual register as an agent.
  3. CFile criminal charges for securities fraud.
  4. DTake no action since only five clients are involved.
Explanation

Why AIssue a cease and desist order and seek civil penalties for unregistered investment adviser activity.

Providing specific recommendations for compensation fits the adviser definition (USA §401(c)). The Administrator would issue a cease and desist order for unregistered activity. Registration as an agent (B) is irrelevant; C is excessive unless fraud is present; D is incorrect—number of clients is not an exemption.

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