Definition of a Broker-Dealer

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What this video covers

  • Why broker and dealer are capacities (hats), not permanent identities, and how the same firm switches between them transaction by transaction
  • How to use the "whose account" test to classify any trade: customer's account means broker (agent, commission), firm's own account means dealer (principal, markup or markdown)
  • Why an agent is a natural person (individual) who represents a broker-dealer, and why an agent is excluded from the broker-dealer definition even though both must register separately
  • Why issuers selling their own securities in one-time offerings are excluded from broker-dealer status, and the mutual-fund exception for issuers regularly trading their own securities
  • Why banks are generally excluded from the broker-dealer definition under federal law, including the specific activities (government securities sales, trust services) they may conduct without broker-dealer registration
  • How exam writers set traps by confusing the business entity (broker-dealer) with the natural person (agent), and how to avoid this classic wrong answer

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This video's complete written lesson is free to read in the CertFuel app, no signup wall. The complete Series 66 course also includes adaptive practice questions and spaced-repetition flashcards.

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