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Series 63: Regulation of Broker-Dealers & Agents
Series 63 practice questioneasyProhibited Practices — Commingling Funds

In a remedial practice session, the fact pattern is framed this way. Assume the administrator is testing the cleanest state-law answer. A broker-dealer deposits a customer's funds into the firm's general operating account. This is an example of:

  1. AProper cash management
  2. BCommingling of funds, which is prohibited✓ Correct answer
  3. CA temporary deposit pending investment
  4. DAn authorized sweep arrangement
Explanation

Why BCommingling of funds, which is prohibited

Under NASAA model rules and USA Section 502, commingling customer funds with a broker-dealer's own funds is a prohibited practice. Customer funds must be maintained in separate accounts to protect them from the firm's creditors and to ensure proper accounting. Mixing customer and firm funds creates significant risks of misuse and loss. State-law analysis leads to the same conclusion despite the alternate scenario.

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