Business Practice Notice
Transfers in Kind from Account A at X institution to Account B at Y institution is NOT “new business”. There is no transactional related “event”. Where the customer chooses to “custody” his/her assets does not matter.
However, if “NEW MONEY” is added to the account in either institution, then, that IS a transactional event IF that money is used to purchase additional assets (even a money market mutual fund). But, if it is only added as CASH without the purchase of a security it still is NOT “new business”.
At any time that CASH, either 1) newly added to an account or 2) already existing as cash in the account or 3) generated from a “sell” transaction(s), is used to purchase a security(ies), then, it IS a “new business” event. (Also, note that the “special circumstance” of a mutual fund “exchange” transaction IS a “new business” event. Think of it as being both a “sell” generating cash and a “buy” using that cash)
A “new business” event MUST be reported to the firm for supervisory approval prior to execution (either in a brokerage account or via direct application way paperwork).
IF, the representative is recommending that the customer execute the transaction, then the recommendation must be approved by a supervisor before being made to the customer. “Unsolicited” transactions are initiated by the customer without discussion prior with the representative, otherwise, it is a SOLICITED transaction and needs to be identified as such (either on the “order ticket” or the new business request) for regulatory examiner review!
Read More Comments Off