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Series 63: Regulation of Broker-Dealers & Agents
Series 63 practice questioneasyProhibited Practices — Unauthorized Transactions

For a mock NASAA exam, assume the administrator is testing this exact point. Treat the facts as a straight Series 63 application question. An agent executes a trade in a customer's account without the customer's prior knowledge or authorization and without discretionary authority. This is considered:

  1. AAn unauthorized transaction, which is a prohibited practice✓ Correct answer
  2. BAcceptable if the trade is profitable for the customer
  3. CPermissible if the agent notifies the customer within 24 hours
  4. DA routine exercise of professional judgment
Explanation

Why AAn unauthorized transaction, which is a prohibited practice

Under NASAA's Statement of Policy on Dishonest or Unethical Business Practices, executing transactions without the customer's prior authorization and without written discretionary authority is a prohibited practice. It is a violation regardless of whether the trade is profitable, as the customer has the right to control activity in their own account. State-law analysis leads to the same conclusion despite the alternate scenario.

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