Customer Funds, Custody, and Discretion: Rapid Fire

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What this video covers

  • Why commingling (mixing client and firm assets) and conversion (stealing client assets for personal use) are always prohibited with no exemption, and how the exam uses "temporary" mixing as a trap
  • How the AAA test defines discretion: an order is discretionary if the professional decides the asset, action, or amount without client prior approval
  • Why time-and-price direction is not discretion, even when the professional picks the exact timing and execution price
  • The critical difference between investment adviser discretionary authorization (written, in advance, before the first trade) and broker-dealer or agent discretionary authorization (oral first, then written within 10 business days)
  • What separates limited trading authorization (trades only) from full trading authorization (trades plus withdrawals of cash or securities)
  • Which standard of care applies to which role: best interest or suitability for broker-dealers at recommendation, fiduciary duty for investment advisers, and prudent investor standard for trustees
  • How churning and acting outside the scope of authority create violations even in properly authorized discretionary accounts

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