Customer Funds and Securities: Rapid Fire

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What this video covers

  • Why authority to obtain funds, not physical possession, is the custody trigger, and how fee deduction alone puts an adviser in custody
  • The three-business-day rule for inadvertent receipt of a third-party check, and the records required to avoid triggering custody
  • The AAA memory aid for spotting discretion: missing asset, action, or amount means the order is discretionary
  • Why time-and-price-only direction is never discretion, even when the professional chooses the timing and execution price
  • The exact authorization deadlines: broker-dealer and agent require written authorization before the first trade, while an investment adviser may use oral authorization first but must obtain written authorization within 10 business days
  • The distinction between full trading authorization (trade and withdraw) and limited trading authorization (trade only)
  • Why Regulation Best Interest applies to retail customers of broker-dealers, suitability applies to non-retail institutional accounts, fiduciary duty applies to investment advisers, and the prudent investor standard applies to trustees

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