Series 63 practice questionmediumInvestment Adviser Representatives — Definition and State Registration
On a timed state-securities quiz, the scenario below appears. Read it as a Uniform Securities Act issue rather than a federal-law issue. Janet works for an SEC-registered investment adviser and provides investment advice to several clients in State X, though she works remotely from State Y. According to the Uniform Securities Act, under which circumstance must Janet register as an investment adviser representative (IAR) in State X?
- AJanet must register in State X if she has a physical office in State X, regardless of client count.
- BJanet must register in State X only if her principal office is in State X.
- CJanet must register in State X if she has more than five non-institutional clients in State X.✓ Correct answer
- DJanet is exempt from registration in State X because her firm is SEC-registered.
Explanation
Why C — Janet must register in State X if she has more than five non-institutional clients in State X.
Under the USA, an IAR of a federal covered adviser (SEC-registered) must register in a state if she has a place of business or more than five non-institutional clients in that state, unless an exemption applies (USA Section 402(c)). State-law analysis leads to the same conclusion despite the alternate scenario.
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