12.2 Special Account Types
Investment advisers work with various account types that have unique features, risks, and regulatory requirements. Understanding these distinctions is critical for both suitability and compliance.
Margin Accounts
A margin account allows investors to borrow money from their broker-dealer to purchase securities. The securities in the account serve as collateral for the loan.
Regulation T and FINRA Margin Basics
Regulation T (Federal Reserve Board) governs the extension of credit by broker-dealers to customers for securities purchases; FINRA Rule 4210 adds minimum equity and maintenance requirements:
Initial Margin (Reg T): 50% of purchase price
Minimum Account Equity (FINRA): $2,000
Day Trading (FINRA): Intraday margin standards replaced the $25,000 pattern day trader minimum on June 4, 2026 (firm phase-in to October 20, 2027)
Example: To purchase $10,000 of stock on margin, an investor must deposit at least $5,000 (50%) and can borrow the remaining $5,000.
FINRA Maintenance Requirements
After the initial purchase, FINRA requires ongoing minimum equity:
Long Positions: 25% of market value
Short Positions: 30% of market value (FINRA)
Firm Requirements: Often 30-40% (higher than FINRA minimum)
Margin Calls
When account equity falls below the maintenance requirement:
1. Margin Call Issued - Broker demands additional funds or securities
2. Meeting the Call - Investor must deposit cash or marginable securities
3. Forced Liquidation - If not met, broker can sell securities without consent
On the Exam: Know that Regulation T sets the 50% initial margin, while FINRA sets the 25% maintenance minimum. Firms can require higher amounts but never lower.
Margin Account Risks
Amplified Losses: Losses magnified beyond original investment
Interest Costs: Ongoing charges on borrowed funds
Forced Liquidation: Securities sold without consent
No Time Extension: Firms can demand immediate payment
Fee-Based vs. Commission-Based Accounts
Fee-Based Accounts
An asset-based fee is charged as a percentage of assets under management (AUM):
Fee Structure: Typically 0.5% - 2% of AUM annually
Alignment: Adviser benefits when assets grow
Best For: Active traders, ongoing advice
Conflicts: May incentivize keeping assets invested
Commission-Based Accounts
Compensation is transaction-based:
Fee Structure: Per-trade commissions
Best For: Buy-and-hold investors, infrequent trades
Conflicts: May incentivize excessive trading (churning)
Advantage: No ongoing fees if account is inactive
Suitability Considerations
Fee-Based: Suitable When - Frequent trading, ongoing advice needed
Commission-Based: Suitable When - Infrequent trading, self-directed investors
Discretionary vs. Non-Discretionary Accounts
Discretionary Accounts
The adviser has written authorization to make investment decisions without prior client approval for each transaction:
Written Authorization: Must be signed by client
Trading Authority: Can determine what, when, and how much to buy/sell
Fiduciary Duty: Higher level of responsibility
Cannot Determine: Adviser cannot authorize withdrawals
Non-Discretionary Accounts
The adviser must obtain client approval before each transaction:
Authority: Recommendations only
Execution: Client must approve each trade
Control: Client maintains full control
Suitability: Still must be suitable
On the Exam: Discretionary authority covers investment decisions (what to buy/sell). It does NOT give authority to withdraw money or change beneficiaries - those require separate authorization.
Wrap Fee Programs
A wrap fee program bundles multiple services for a single, all-inclusive fee.
What's Included in Wrap Fees
Investment Advice: Yes
Trade Execution: Yes
Custody Services: Yes
Administrative Fees: Yes
Manager Selection: Often included
Wrap Fee Ranges
Typical wrap fees range from 1% to 3% of assets, depending on services and account size.
Form ADV Part 2A Appendix 1
SEC rules require wrap fee programs to provide a separate disclosure brochure (Appendix 1) that includes:
- Description of services provided
- Fees and how they are calculated
- Conflicts of interest
- Information about participating managers
Wrap Fee Suitability
Appropriate For: Active traders; Those wanting bundled services; Clients needing ongoing advice; Those preferring fee predictability
Not Appropriate For: Buy-and-hold investors; Those needing minimal service; Self-directed investors; Cost-sensitive inactive accounts
Options Accounts
Options accounts require additional disclosures and suitability determinations:
Account Requirements
1. Options Agreement - Client must sign
2. Options Disclosure Document (ODD) - Must be delivered
3. Suitability Review - Assess experience and risk tolerance
4. Approval Levels - Increasing levels for more complex strategies
Approval Levels (Typical Structure)
Level 1: Covered calls, protective puts
Level 2: Long calls and puts
Level 3: Spreads
Level 4: Uncovered (naked) writing
Level 5: Uncovered index options
Key Takeaways
1. Reg T requires 50% initial margin; FINRA requires 25% maintenance minimum
2. Fee-based accounts charge AUM percentage; commission accounts charge per trade
3. Discretionary authority requires written authorization and covers investment decisions only
4. Wrap fees bundle services for 1-3% of assets - appropriate for active traders
5. Options accounts require tiered approval based on experience and strategy complexity