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Series 63: Regulation of Investment Advisers
Series 63 practice questioneasyInvestment Adviser Representatives — Definition

In a state-law practice set, a candidate reviews the following scenario. Read it as a Uniform Securities Act issue rather than a federal-law issue. Under the Uniform Securities Act, which of the following individuals is considered an Investment Adviser Representative (IAR)?

  1. AA person who acts as a custodian for client assets, but does not provide advice
  2. BAn individual who solicits, offers, or negotiates for the sale of investment advisory services on behalf of an investment adviser✓ Correct answer
  3. CA person who is only engaged in executing trades for a broker-dealer
  4. DA person who solely clerical or ministerial tasks for an investment adviser
Explanation

Why BAn individual who solicits, offers, or negotiates for the sale of investment advisory services on behalf of an investment adviser

Under the USA, an IAR includes anyone who gives advice, solicits clients, or manages accounts on behalf of an investment adviser. Clerical staff and those only executing trades or acting as custodians are not considered IARs (USA Section 401(17)). The extra setup is just noise; the controlling state-law rule stays the same.

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