Best Interest and Suitability: Rapid Fire
Chapters in this video
- 0:00 Retail customer or suitability: the first fork
- 0:56 The institutional exemption and delegated authority
- 2:58 Care obligation: the three-step dance
- 3:27 Conflict of interest: establish, maintain, enforce
- 4:19 Quantitative suitability versus churning
- 5:13 Equity versus debt: the fundamental table
- 5:44 Principal price versus agent commission
- 6:17 The numbers that matter: 50 million, 50%, 85, 14, 5
- 7:09 Diversification: issue count is not enough
- 7:56 Member private offering: content plus delivery
- 9:07 Rapid-fire exam recap
What this video covers
- Why the first step is always picking the standard: Regulation Best Interest for retail customers, the suitability rule for everything else, and why the two never overlap
- How a natural person can still fall under the suitability rule when the account is for business purposes, and the magic phrase "personal, family, or household purposes" that triggers Regulation Best Interest
- What the institutional exemption actually removes (only customer-specific suitability) and why reasonable-basis and quantitative suitability survive, plus the agent-delegation gotcha
- How the care obligation's three-step dance works, and why the "does not place its own interest ahead" clause attaches only to steps two and three, not step one
- Why the conflict of interest obligation requires a firm to establish, maintain, and enforce policies, and what must happen to sales contests and quotas tied to specific securities
- The distinction between quantitative suitability and churning: excess plus unsuitability with no control, versus intent to generate commissions plus control
- How fair pricing changes based on the hat Riley wears: fair price weighing profit entitlement as principal, fair commission weighing service value as agent
- Why the 5% Mark-Up Policy is a guide not a rule, and the strict conjunctive test for the exclusion: required prospectus or offering circular and a fixed public offering price
Read the full lesson, free
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