Series 63 practice questionmediumDefinition of Investment Adviser — Scope of Advice
In a remedial practice session, the fact pattern is framed this way. Prioritize the registration trigger and ignore irrelevant noise. ABC Consulting charges clients to create financial plans that include advice about insurance, real estate, and, occasionally, securities. When must ABC Consulting register as an investment adviser under the USA?
- AOnly if providing advice about securities is a regular part of their business✓ Correct answer
- BOnly if they execute securities trades for clients
- COnly if they provide advice solely on insurance products
- DNever, because they do not focus solely on securities
Explanation
Why A — Only if providing advice about securities is a regular part of their business
The USA requires registration if providing advice about securities is a regular part of the business and compensation is received. Occasional advice about securities does not trigger registration unless it is regular and compensated (Section 401(c)). State-law analysis leads to the same conclusion despite the alternate scenario.
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