NASAA Dishonest Practices: Compensation Provisions

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What this video covers

  • Why unfair pricing at the state level mirrors federal fair-pricing rules, creating dual enforcement exposure for a single violation
  • The specific NASAA prohibition on transactions at prices not reasonably related to current market price, and on unreasonable commissions or profits
  • How unreasonable and inequitable fees for non-transaction services (safekeeping, custody, appraisals, transfers, collection of principal or dividends) are independently violative under NASAA's dishonest practices policy
  • The exact two-part test NASAA states for excessive trading: firm-induced trading that is excessive in size or frequency relative to the customer's financial resources and account character
  • Why turnover ratios, control of the account, and commission-seeking intent are evidentiary indicators in broader churning analysis but are NOT required elements under NASAA's written provision
  • The critical distinction between customer-directed frequent trading and firm-induced excessive trading when evaluating churning violations
  • The narrow permitted scope of commission splitting: only with another registered agent at the same broker-dealer or an affiliated broker-dealer under direct or indirect common control

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