NASAA Dishonest Practices: Compensation Provisions
Chapters in this video
What this video covers
- Why unfair pricing and unreasonable commissions trigger both state NASAA enforcement and federal fair-pricing penalties, not just one or the other
- The exact distinction between unfair pricing (transaction-based) and unreasonable service fees (non-transaction services like custody, transfers, and appraisals)
- The three required elements of churning: excessive trading, control over the account, and intent to generate commissions rather than serve the customer
- Why high turnover alone is never enough for churning without control, including de facto control when a client rubber-stamps recommendations
- Who an agent may legally split commissions with: other registered agents at the same broker-dealer or an affiliated firm under common control
- Why paying referral fees or finder's fees to unregistered persons is always a violation, even if that person never executes a trade or gives advice
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