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Series 79: Section 4
Series 79 practice questionmediumBooks and Records Requirements

An investment banking associate uses a personal text messaging application to discuss deal terms with a client, bypassing the firm's approved communication channels. Which regulatory concern does this conduct most directly implicate?

  1. AViolation of Regulation S-X financial statement formatting requirements
  2. BViolation of the Securities Act of 1933 registration requirements
  3. CViolation of Regulation NMS order handling rules
  4. DViolation of books and records requirements under SEC Rule 17a-4, as the firm cannot capture and retain the business communications✓ Correct answer
Explanation

Why DViolation of books and records requirements under SEC Rule 17a-4, as the firm cannot capture and retain the business communications

SEC Rule 17a-4 requires broker-dealers to preserve all business-related communications, including electronic messages. When employees use unapproved personal messaging platforms, the firm cannot capture, review, or retain those communications as required. This issue has been a major enforcement focus in recent years, with the SEC and FINRA imposing significant fines on firms whose employees conducted business through personal devices and off-channel communications platforms.

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