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Series 63: Regulation of Broker-Dealers & Agents
Series 63 practice questionhardExemptions — Canadian Broker-Dealers

In a state-administrator case study, the scenario starts here. Prioritize the registration trigger and ignore irrelevant noise. Under NASAA model rules, a Canadian broker-dealer may be exempt from state registration when dealing with a Canadian citizen who temporarily resides in a U.S. state, provided:

  1. AThe broker-dealer maintains an office in the state
  2. BThe client relationship existed before the client moved to the U.S. and the broker-dealer does not solicit new U.S. clients✓ Correct answer
  3. CThe broker-dealer registers with the SEC within 60 days
  4. DThe transactions involve only U.S. government securities
Explanation

Why BThe client relationship existed before the client moved to the U.S. and the broker-dealer does not solicit new U.S. clients

Under NASAA model rules for Canadian broker-dealers, an exemption from state registration may be available when the client relationship was established before the Canadian citizen moved to the U.S. and the broker-dealer does not direct solicitation efforts at new U.S. clients. This accommodates existing cross-border relationships while maintaining investor protection for U.S. residents. State-law analysis leads to the same conclusion despite the alternate scenario.

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