Series 6 F1: Seeking business
How representatives find and talk to customers: communications with the public, retail and institutional communications, sales literature for funds and variable products, seminars, and the approval and recordkeeping rules behind them.
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Study questions and answers
59 questions. This function is 12 of the 50 scored questions on the real exam. Try each question first, then tap to check your answer and its source.
1. Under FINRA Rule 2210, a written communication sent to 20 retail investors within a 30 calendar-day period is classified as what?
- Retail communication
- Correspondence
- Institutional communication
- Internal communication
Show answer
Correspondence is written communication distributed to 25 or fewer retail investors within any 30 calendar-day period.
2. A written sales piece is made available to 40 retail investors within 30 calendar days. How does Rule 2210 classify it?
- Correspondence
- Institutional communication
- Retail communication
- Internal communication
Show answer
A retail communication is written communication distributed or made available to more than 25 retail investors within any 30 calendar-day period.
3. Before a firm uses or files a retail communication, who must approve it?
- The firm's chief executive officer
- A FINRA staff member
- The fund's transfer agent
- A registered principal of the firm
Show answer
A registered principal must approve each retail communication before the earlier of its use or its filing with FINRA.
4. Which written piece is an institutional communication under Rule 2210?
- A flyer mailed to 200 members of the general public who requested it
- A letter sent to 10 individual customers who own the fund's shares
- A newsletter posted on a public web page open to all visitors
- A bulletin sent only to FINRA member firms and their registered persons
Show answer
An institutional communication is distributed only to institutional investors, a group that includes member firms and their registered persons.
5. Under Rule 2210, which person is a retail investor?
- Anyone who is not an institutional investor, with or without an account
- Only a person who currently holds a funded account at the member firm
- Only an individual who does not meet the accredited investor standard
- Any individual with less than $1 million in total investable assets
Show answer
A retail investor is any person other than an institutional investor, regardless of whether the person has an account with the member.
6. Which standard does Rule 2210(d)(1)(A) apply to member communications?
- They must receive FINRA staff approval before the first day of use
- They must be fair and balanced and based on fair dealing and good faith
- They must list every risk only in a separate footnote at the end
- They must avoid comparing the product with any other product type
Show answer
Member communications must be based on principles of fair dealing and good faith and must be fair and balanced.
7. A fund brochure promises guaranteed double-digit gains every year. Which content standard does it most clearly violate?
- The rule requiring each fund's expense ratio to be listed
- The limit on mailing to more than 25 persons
- The ban on promissory or exaggerated claims
- The rule on keeping records of dates of use
Show answer
No member may make any false, exaggerated, unwarranted, promissory or misleading statement or claim in a communication.
8. Which statement in a retail communication is generally prohibited by Rule 2210?
- A statement of the fund's stated investment objective and strategy
- A disclosure of the fund's maximum sales charge and annual expenses
- A description of the fund's ten largest holdings at quarter end
- A prediction that a fund's recent returns will continue next year
Show answer
Communications may not predict or project performance or imply that past performance will recur, subject to limited exceptions such as hypothetical illustrations.
9. A retail communication includes a customer testimonial about investment advice. What must it disclose?
- That it may be unrepresentative and is no guarantee of future success
- The customer's complete account history for the preceding five years
- The date the customer first opened an account with the member firm
- That the SEC has reviewed and endorsed the testimonial before its use
Show answer
A testimonial about investment advice or performance must disclose that it may not be representative of other customers' experience and is no guarantee of future performance or success.
10. A retail communication compares a mutual fund with a bank certificate of deposit. What must the comparison disclose?
- All material differences between the two products
- Only the differences that happen to favor the fund
- Only the fund's historical returns over the past decade
- Only the fund's annual fees and any sales charges
Show answer
A comparison in a retail communication must disclose all material differences between the products compared.
11. How is correspondence supervised under Rule 2210?
- A registered principal must approve every piece in writing before any use
- It is subject to the supervision and review requirements of Rule 3110
- It must be filed with FINRA within 10 business days after first use
- It is exempt from any supervision and review by the member firm
Show answer
Correspondence is not subject to pre-use principal approval but is subject to the supervision and review requirements of Rule 3110(b).
12. Records of retail communications must include a copy of the piece and which additional item?
- The names of each recipient who opened or read the piece
- The total cost of producing and distributing the piece
- The dates of first and, if applicable, last use
- The sales revenue the piece is estimated to have generated
Show answer
Members must keep a copy of each communication and the dates of its first and, if applicable, last use for the period required by SEA Rule 17a-4(b).
13. Which item is excluded from the filing requirements of Rule 2210(c)(1) through (c)(4)?
- Retail communications on investment company rankings
- Correspondence
- Retail communications by a new member in its first year
- Retail communications promoting a specific fund
Show answer
Correspondence and institutional communications are among the items excluded from the Rule 2210(c) filing requirements.
14. How must a communication about a variable annuity describe the product under Rule 2211?
- Clearly as a variable annuity, without implying it is a mutual fund
- As a mutual fund that also carries some insurance features
- As a bank product that pays a stated fixed rate of return
- As a short-term, highly liquid alternative to a cash account
Show answer
Materials must clearly describe the product as a variable annuity or variable life policy and may not suggest it or its account is a mutual fund.
15. A variable annuity piece stresses easy access to your money. What must balance that claim?
- Disclosure of withdrawal costs, tax penalties and possible principal loss
- A statement that withdrawals are always free of any penalty or charge
- A statement that the insurer guarantees all principal and earnings
- A table of last year's top-performing subaccounts with their returns
Show answer
Liquidity claims must be balanced by disclosing early-redemption costs such as contingent deferred sales loads, tax penalties and possible loss of principal.
16. Which statement about insurer guarantees is acceptable in variable product communications?
- The guarantees protect the separate account's investment return
- The guarantees depend on the insurer's claims-paying ability
- The insurer's rating applies to the subaccounts
- The guarantees make principal safe from market loss
Show answer
Insurer guarantees rest on the issuer's claims-paying ability and must not be presented as applying to the separate account's return or principal.
17. What is the highest gross rate of return allowed in a variable life hypothetical illustration under Rule 2211?
- 8%
- 10%
- 12%
- 15%
Show answer
Illustrations may use assumed gross returns up to and including 12% and must include one 0% gross rate.
18. What must appear before a hypothetical illustration of a variable life policy?
- A signed waiver from the customer acknowledging the illustration's risks
- A prominent explanation that it is hypothetical and cannot predict results
- A rating from an independent agency covering the insurer's strength
- A comparison with a major stock index return over ten years
Show answer
A prominent explanation must precede the illustration, stating that it is hypothetical and may not be used to project or predict investment results.
19. Which describes a ranking entity under FINRA Rule 2212?
- A source independent of the fund and its affiliates and not paid by them
- An affiliate of the fund's investment adviser that publishes data
- A firm paid by the fund family to rank only its own funds
- Any registered investment adviser that manages a competing fund
Show answer
A ranking entity provides general public information on investment companies, is independent of the fund and its affiliates, and is not paid by them for the ranking.
20. Which basis for a fund ranking category is prohibited under Rule 2212?
- A category based on fund asset size
- A category based on investment objective
- A category based on investment style
- A category based on geographic focus
Show answer
Categories based on asset size are prohibited, whether or not a ranking entity created them.
21. How current must a ranking used in a retail communication be under Rule 2212?
- Current to the most recent fiscal year-end of the fund company
- Current to the month-end before the communication is printed
- Current to the end of the week before the communication is used
- Current to the most recent calendar quarter ended before use
Show answer
Rankings must be current to at least the most recent calendar quarter ended before use or submission for filing.
22. Which ranking period is not permitted under Rule 2212 unless the ranking is yield-based?
- A period of exactly one full year
- A period of five full years
- A period shorter than one year
- A period of ten full years
Show answer
No ranking may cover a period of less than one year unless it is yield-based.
23. A communication shows a total return ranking for a fund that has existed 12 years. Which rankings must accompany it?
- Rankings for 3, 6 and 12 years
- Rankings for 1, 5 and 10 years
- A ranking for the life of the fund only
- Rankings for 1 and 3 years
Show answer
Total return rankings must be accompanied by 1-, 5- and 10-year rankings for a fund in existence at least 10 years.
24. When may a headline call a fund the best performer in its category?
- Only if the fund actually ranks first in that category
- If the fund ranks within the top quartile of its category
- If the fund ranks among the top five in its category
- If the fund improved on its own ranking from the prior year
Show answer
A headline or prominent statement may not claim a fund is the best performer in a category unless it ranks first.
25. Which condition applies to using a bond mutual fund volatility rating in a retail communication?
- The rating must be described as a measure of default risk
- An older rating may be used if the date is shown on it
- The rating may rest on the issuing entity's own opinion
- The rating may not describe volatility as a risk rating
Show answer
A volatility rating may be used only if it does not identify or describe volatility as a risk rating and meets the other Rule 2213 conditions.
26. A bond fund volatility rating must be accompanied by a statement that what is true?
- The rating is guaranteed to stay the same in future quarters
- The fund is insured against any loss of principal value
- The rating takes the place of the fund's own prospectus
- There is no standard method for assigning such ratings
Show answer
The narrative accompanying each rating must state that there is no standard method for assigning ratings and that the fund is not guaranteed to keep its rating.
27. How soon must a principal review a complete deferred variable annuity application after the office of supervisory jurisdiction receives it?
- Within two business days of receipt
- Within ten business days of receipt
- No later than seven business days
- Within thirty calendar days of receipt
Show answer
A principal must review the application package no later than seven business days after the office of supervisory jurisdiction receives it.
28. Before recommending a deferred variable annuity, a representative must make sure the customer is informed of which feature?
- That withdrawals are tax-free at any age if held in a subaccount
- The potential tax penalty on withdrawals before age 59 1/2
- A guaranteed minimum annual return of 5% on all contributions
- That surrender charges never apply after the first policy year
Show answer
The customer must be informed of general product features, including a potential tax penalty if withdrawals are made before age 59 1/2.
29. In a proposed deferred variable annuity exchange, a firm must consider whether the customer had another exchange within what period?
- The preceding 12 months
- The preceding 24 months
- The preceding 36 months
- The preceding 60 months
Show answer
Members must consider whether the customer had another deferred variable annuity exchange within the preceding 36 months.
30. An investment company advertisement that quotes performance must state which of the following?
- That past performance is likely to repeat in coming years
- That returns are guaranteed by the SEC if held one year
- That performance is shown net of all applicable income taxes
- That past performance does not guarantee future results
Show answer
The performance legend must say that past performance does not guarantee future results and that return and principal value fluctuate.
31. A Rule 482 advertisement must urge investors to consider which items before investing?
- The adviser's personal investment history and track record
- The sales charges of competing funds in the same category
- The net income of the fund's principal underwriter
- The fund's objectives, risks, and charges and expenses
Show answer
The ad must advise investors to consider objectives, risks and charges and expenses, and say the prospectus contains this information.
32. What may an open-end fund advertisement under Rule 482 not contain?
- The fund's name and its ticker symbol
- A toll-free telephone number for questions
- An application to invest in the fund
- The maximum sales load and total annual expenses
Show answer
An advertisement may not contain or be accompanied by an application to invest, with a narrow exception for certain variable contract prospectuses.
33. Average annual total return in a Rule 482 advertisement must cover which periods?
- One, three and five years, or since inception if shorter
- One, five and ten years, or since inception if shorter
- Three, five and ten years, or since inception if shorter
- Year-to-date and one year, or since inception if shorter
Show answer
Average annual total return quotations must cover one-, five- and ten-year periods, or the shorter period the registration has been in effect.
34. A non-government, non-retail money market fund advertisement must include a statement beginning with what?
- The Fund is insured by the FDIC up to $250,000
- The Fund guarantees a stable $1.00 price per share
- You could lose money by investing in the Fund
- Your principal is protected by the Fund's sponsor
Show answer
Such ads must include a statement beginning 'You could lose money by investing in the Fund' plus related disclosures.
35. When a Rule 482 advertisement shows fee figures, what must it also show?
- Only the net expense ratio after any waiver or reimbursement
- Only the average sales load actually paid by recent investors
- Only the Rule 12b-1 fee and the fund's management fee
- The maximum sales load and total annual expenses before waivers
Show answer
Ads with fee or expense figures must show the maximum sales load or other nonrecurring fee and total annual expenses without waivers or reimbursements.
36. Which item may a Rule 134 communication include?
- A projection of the issuer's earnings for the next fiscal year
- A recommendation to buy the shares before the offering ends
- Management's forecast of the stock price after the offering
- The names of participating underwriters and their roles
Show answer
Rule 134 allows limited factual items such as the names of participating underwriters and their syndicate roles, but not projections or recommendations.
37. If the registration statement is not yet effective, a Rule 134 communication must state that what is true?
- No securities may be sold until the registration statement is effective
- The SEC has reviewed the registration statement and approved the securities
- The offering is exempt from registration under a federal exemption rule
- Orders will be filled strictly in the order that they are received
Show answer
The communication must say a registration statement has been filed but is not yet effective, so securities may not be sold or offers accepted before then.
38. What may generic advertising under Rule 135a not do?
- Explain investment companies in general terms to readers
- Name a specific investment company or its securities
- Mention bond funds and growth funds as generic fund types
- Invite readers to ask for more information on investing
Show answer
A generic ad is limited to general information and must not name a particular investment company's securities or the company itself.
39. Which item must a generic investment company advertisement under Rule 135a contain?
- The fund's one-year performance compared with its benchmark index
- The fund's maximum sales charge and its annual operating expenses
- Name and address of a registered broker-dealer or other sponsor
- The fund's current net asset value per share and its yield
Show answer
The communication must contain the name and address of a registered broker or dealer or other sponsoring person.
40. Under Rule 156, investment company sales literature may be misleading if it does what?
- States the fund's investment objective in plain language
- Discloses the maximum sales charge in the same piece
- Names the fund's investment adviser and its address
- Describes benefits without equal prominence for the risks
Show answer
Statements about characteristics may be misleading if benefits are described without equal prominence to risks or limitations.
41. Which is an example of a misleading representation about future performance under Rule 156?
- Showing past gains in a way that implies they will repeat
- Showing returns alongside a standard past performance legend
- Showing returns for the one-, five- and ten-year periods
- Stating that returns and principal value will fluctuate
Show answer
Representations may mislead when past performance is portrayed to imply past gains will repeat.
42. Sales literature of an investment company is materially misleading if it does what?
- Omits a material fact needed to keep a statement from misleading
- Uses a type size smaller than ten points in the body of the piece
- Is not approved by the SEC before it is first used by the firm
- Is distributed to prospective investors by e-mail rather than mail
Show answer
Literature is materially misleading if it contains an untrue statement of material fact or omits a material fact needed to make a statement not misleading.
43. Sales literature quotes the yield of a fund that is not a money market fund. What else must it include?
- The fund's portfolio turnover
- Total return information
- A third-party star rating
- The fund's top holdings
Show answer
Literature containing a yield quotation must also include total return information, except for money market funds.
44. What must the legend on a summary prospectus give investors?
- The address of the SEC's electronic filing system only, with nothing more
- A postal mailing address and nothing more for requests
- A website, a toll-free or collect number, and an email address
- A fax number and the address of the nearest branch office
Show answer
The legend must give a website address, a toll-free or collect telephone number and an email address for obtaining the fund's prospectus.
45. On request, a fund must send a paper copy of the statutory prospectus within what time?
- Twenty-four hours after receiving the request
- Three business days after receiving the request
- Seven business days after receiving the request
- 30 calendar days after receiving the request
Show answer
A fund must send the requested paper copy within three business days after receiving a request.
46. How long must a fund keep the current prospectus materials on its website after sending a summary prospectus?
- At least 90 days after the communication is sent
- At least 30 days after the communication is sent
- At least 60 days after the communication is sent
- At least 180 days after the communication is sent
Show answer
The materials must stay posted through at least 90 days after the security is delivered or the communication is sent.
47. Under Rule 506(b), how many purchasers, not counting accredited investors, may buy in any 90 calendar-day period?
- No more than 35
- No more than 25
- No more than 50
- No more than 100
Show answer
Rule 506(b) permits no more than 35 purchasers in any 90 calendar-day period, with accredited investors excluded from the count.
48. In a Rule 506(c) offering with general solicitation, what must the issuer do?
- Register the offering with each state before making any offer
- Take reasonable steps to verify purchasers' accredited status
- Limit the offering to no more than 35 purchasers in total
- Obtain FINRA approval of the offering documents before use
Show answer
All purchasers in a 506(c) offering must be accredited and the issuer must take reasonable steps to verify their status.
49. Within what time after the first sale must an issuer relying on Rule 506 file Form D?
- 5 calendar days
- 30 calendar days
- 15 calendar days
- 15 business days
Show answer
Form D is due no later than 15 calendar days after the first sale of securities in the offering.
50. A natural person is an accredited investor on net worth if it exceeds what amount, excluding the primary residence?
- $500,000
- $1,000,000
- $750,000
- $2,000,000
Show answer
A person qualifies if individual or joint net worth exceeds $1,000,000, not counting the primary residence as an asset.
51. Under Rule 147, for how long may resales be made only to residents of the issuer's state?
- Six months from the issuer's sale
- Ninety days from the issuer's sale
- Twelve months from the issuer's sale
- Two years from the issuer's sale
Show answer
For six months from the date of the issuer's sale, resales may be made only to persons resident in the issuer's state.
52. Which test shows an issuer is doing business within a state under Rule 147?
- It derived at least 80% of consolidated gross revenues from the state
- It derived at least 51% of consolidated gross revenues from the state
- Its registered agent for service of process has an address in the state
- At least 25% of its employees are based in the state
Show answer
One test is deriving at least 80% of consolidated gross revenues from business, property or services in the state.
53. For an issuer not previously reporting, when must the preliminary prospectus reach buyers under Rule 15c2-8?
- At least 24 hours before the confirmation is sent
- At least 72 hours before the confirmation is sent
- At least five business days before the order
- At least 48 hours before the confirmation is sent
Show answer
A broker-dealer must deliver the preliminary prospectus at least 48 hours before sending the confirmation.
54. A taping firm under FINRA Rule 3170 must keep its telephone recordings for at least how long?
- Twelve months from the date of the recording
- Two years from the date of the recording
- Three years from the date of the recording
- Six years from the date of the recording
Show answer
Recordings must be kept for not less than three years from the date the tape was created.
55. A retail communication about bank-site securities services may use which legend under Rule 3160?
- FDIC Insured, Bank Guaranteed, May Lose Value
- Not FDIC Insured, No Bank Guarantee, May Lose Value
- Not FDIC Insured, Bank Guaranteed, No Risk
- SIPC Insured, No Bank Guarantee, Principal Protected
Show answer
The permitted conspicuous legend reads 'Not FDIC Insured,' 'No Bank Guarantee,' and 'May Lose Value.'
56. When must a customer get written notice that bank-site securities are not FDIC insured?
- At or before the time the account is opened
- Within 30 days after the first trade is placed
- With the first quarterly statement the customer receives
- Only after the customer files a written complaint
Show answer
Written disclosure is required at or prior to the time a customer account is opened, plus oral disclosure for accounts opened on bank premises.
57. Who must approve a municipal securities advertisement under MSRB Rule G-21 before its first use?
- The financial advisor that represents the issuer of the securities
- A registered representative with at least one year of experience
- A staff member of the MSRB reviewing it before first use
- A municipal securities principal or general securities principal
Show answer
Each advertisement must be approved in writing by a municipal securities principal or general securities principal before first use.
58. A 529 plan advertisement under Rule G-21 must advise investors to consider what?
- Whether the plan balance is insured by the FDIC up to standard limits
- Whether the plan return beats the rate on a bank savings account
- Whether the plan guarantees a minimum return on all contributions
- Home-state tax or other benefits available only through its own plan
Show answer
529 plan ads must advise investors to consider home-state tax or other benefits available only through that state's plan.
59. Under MSRB Rule G-21, a form letter is sent to more than how many persons within 90 consecutive days?
- 10
- 35
- 25
- 50
Show answer
A form letter is a letter or e-mail sent to more than 25 persons within any 90 consecutive days.