NASAA Series 63Ethical Practices and ObligationsHard

A client calls their investment adviser representative (IAR) and inquires about a particular sector fund. During the conversation, the client mentions that they recently inherited a substantial amount of money and are looking to invest it aggressively for short-term gains, despite their previously stated objective of moderate long-term growth. The IAR, without updating the client's investment profile or documenting the change in objectives, proceeds to recommend several highly speculative investments suitable for aggressive, short-term investors. This action by the IAR is a violation of:

  1. AThe prohibition against guarantees.
  2. BThe rule against unauthorized trading.
  3. CThe duty of best execution.
  4. DSuitability requirements.
Show answer & explanation

Correct answer: D. Suitability requirements.

While the client verbalized a change in objectives, the IAR failed to formally update the client's investment profile and, crucially, failed to adequately assess if these new, aggressive, short-term objectives were truly suitable for the client's overall financial situation and risk capacity, especially given a recent inheritance. Recommending speculative investments without proper documentation and re-evaluation of suitability is a clear violation.

Why the other options are wrong

  • A. Guarantees relate to promising specific returns or protection against loss, which is not directly described.
  • B. The trades were recommended and implicitly authorized as part of the recommendation process, so it's not unauthorized trading.
  • C. Best execution refers to achieving the most favorable terms for client trades, not the appropriateness of the investment itself.

Suitability Reassessment & Documentation

Investment professionals must continuously ensure that recommendations are suitable for a client's current financial situation, investment objectives, and risk tolerance. Any significant change in client circumstances or objectives requires a reassessment of suitability and proper documentation of the updated profile.

  • Suitability is an ongoing obligation.
  • Client profile must be updated for significant changes.
  • Recommendations must align with the *current* documented profile.
  • Failure to document changes is a common violation.

Memory trick: Suitability: Always check, always document.

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