15.2 Agent Registration
Agent Registration Requirements
Agents are individuals who represent broker-dealers or issuers in securities transactions. Understanding agent registration requirements is essential for the Series 65 exam.
Definition of Agent
An agent is any individual (other than a broker-dealer itself) who represents a broker-dealer or issuer in:
Effecting purchases or sales of securities.
Attempting to effect purchases or sales of securities.
Key Points
Must Be Individual: Agents are natural persons, not firms.
Representative Relationship: Acts on behalf of BD or issuer.
Transaction-Related: Involved in effecting or attempting securities transactions.
Also Called: Registered Representative, stockbroker.
Who Is NOT an Agent
Exclusions from Agent Definition
Clerical/Administrative Staff: No securities sales activities.
Issuer Representatives (Exempt Transactions): Certain transactions don't require registration.
Non-Compensated Officers/Directors: Not compensated for selling securities.
Persons in Non-Sales Roles: Operations, compliance (non-customer facing).
Issuer Transactions NOT Requiring Agent Registration
Representatives of issuers are NOT agents when effecting:
Employee Benefit Plans: Sales to employees under qualified plans.
Isolated Non-Issuer Transactions: Occasional, not part of regular business.
Institutional Transactions: Sales to banks, insurance companies, etc.
Existing Security Holder Transactions: Stock dividends, rights offerings.
State Registration Requirements
Registration Process
1. Association: Must be associated with registered broker-dealer.
2. Form U4: File through Central Registration Depository (CRD).
3. Examinations: Pass required qualifying exams.
4. Background Check: Fingerprinting, criminal/regulatory history.
5. State Fees: Pay applicable registration fees.
6. Approval: Await state processing.
Form U4 Contents
Personal: Name, SSN, DOB, addresses (5 years).
Employment: History for past 10 years.
Education: Schools, degrees, certifications.
Disclosures: Criminal, regulatory, civil, financial, termination.
Fingerprints: Required in most states.
Qualification Examinations
Securities Industry Essentials (SIE)
Sponsor: No sponsor required, anyone 18+ can take.
Questions: 80 questions (75 scored, 5 pretest).
Time: 105 minutes.
Passing Score: 70 (a scaled score).
Cost: $100.
Validity: 4 years from passing.
Series 7 (General Securities Representative)
Corequisite: SIE (pass both, in either order).
Sponsor: Requires broker-dealer sponsorship.
Questions: 130 questions (125 scored, 5 pretest).
Time: 225 minutes (3 hours 45 minutes).
Passing Score: 72 (a scaled score).
Scope: Broadest representative license, most securities.
Series 6 (Investment Company/Variable Contracts)
Corequisite: SIE (pass both, in either order).
Sponsor: Requires broker-dealer sponsorship.
Questions: 50 scored questions.
Time: 90 minutes.
Passing Score: 70 (a scaled score).
Scope: Limited, mutual funds, variable annuities, variable life.
State Law Exams
Series 63: Uniform Securities Agent State Law.
Series 65: Investment Adviser Representative.
Series 66: Combined 63 + 65 content (SIE and Series 7 are corequisites).
Common Registration Combinations
General Securities Rep: SIE + Series 7 + Series 63.
Investment Company Rep: SIE + Series 6 + Series 63.
Investment Adviser Rep (only): Series 65.
Dual (Rep + IAR): SIE + Series 7 + Series 66.
On the Exam: The SIE can be taken without sponsorship and remains valid for 4 years. The Series 7 and Series 6 require broker-dealer sponsorship via Form U4.
Registration Maintenance
Effective Registration
BD Association Required: Registration only valid while associated with registered BD.
Termination: Registration terminates when association ends.
Transfer: Can transfer to new BD via Form U4.
Re-Registration: Must re-register with new firm.
Continuing Education (FINRA)
Regulatory Element: Annual computer-based training.
Firm Element: Firm-specific annual training.
Non-Compliance: Status becomes "CE Inactive".
Inactive Status: Cannot engage in securities activities.
Supervision Requirements
Broker-Dealer Obligations
Written Supervisory Procedures: Document supervision framework.
Designated Supervisors: Principals responsible for oversight.
Transaction Review: Monitor trading activity.
Communication Review: Review correspondence, emails, social media.
Training: Ongoing compliance education.
Red Flag Response: Investigate and address issues.
Principal Registration
Supervisors must be registered as principals:
General Securities Principal: Series 24.
Financial/Operations Principal: Series 27.
Investment Company Principal: Series 26.
Key Takeaways
1. Agents are individuals representing BDs in securities transactions.
2. Clerical staff and issuer reps in exempt transactions are not agents.
3. SIE requires no sponsor; Series 7/6 require BD sponsorship.
4. Agent registration is only valid while associated with a registered BD.
5. Supervisors must be registered principals (Series 24, 26, or 27).