Definitions of Broker-Dealers

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What this video covers

  • The broker-dealer (BD) split: brokers act in agency capacity for commissions, dealers act in principal capacity for markups and markdowns
  • Why the dual-capacity prohibition bans commission and markup on the identical transaction
  • Why market makers are always dealers (principal capacity), never agents, because they profit from the bid-ask spread on their own inventory
  • Who qualifies as an associated person of a broker-dealer, and why purely clerical or ministerial employees are excluded until they discuss specific securities
  • The four underwriting commitment types ranked by risk: firm commitment, best efforts, all-or-none, and mini-max
  • Why firm commitment underwriters act as dealers (principal) while best efforts underwriters act as brokers (agency)
  • The excluded versus exempt distinction: excluded entities never meet the BD definition at all, while exempt entities meet the definition but receive a regulatory pass
  • The Gramm-Leach-Bliley Act caveat that removed the blanket bank exclusion from federal broker-dealer registration

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