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Series 63: Regulation of Investment Advisers
Series 63 practice questionhardDistinctions between custody and discretion

Which of the following activities by a registered investment adviser in Illinois is MOST likely to result in being deemed to have custody, triggering both special recordkeeping and a surprise exam requirement?

  1. AHaving password access to client accounts for trading only
  2. BActing as a co-trustee with authority to move client funds✓ Correct answer
  3. CReceiving client checks made payable to third-party mutual funds and forwarding them within 3 business days
  4. DRebalancing client accounts at the client’s custodian via limited power of attorney
Explanation

Why BActing as a co-trustee with authority to move client funds

Acting as a co-trustee with authority to move funds constitutes custody (USA & NASAA Custody Rule). Password access for trading, forwarding third-party checks, and rebalancing via limited POA do NOT.

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