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Is IA able to take custody of client funds?
1) True
2) False

User StefanNch
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1 Answer

5 votes

Final answer:

It is generally false that Investment Advisers (IAs) can take custody of client funds without adhering to strict regulatory standards, which include using qualified custodians and undergoing regular examinations.

Step-by-step explanation:

The question 'Is IA able to take custody of client funds?' concerns the legal and regulatory aspects within the financial industry, specifically touching on the responsibilities and limitations of Investment Advisers (IAs). The term IA typically refers to an Investment Adviser. According to the regulatory standards, particularly those set forth by the United States Securities and Exchange Commission (SEC), an IA must comply with strict guidelines regarding client funds and securities to prevent fraud and misuse of those assets.

Generally speaking, it is false that IAs can freely take custody of client funds. Investment Advisers are required to follow certain procedures and adhere to regulations that control how client assets are held and protected. Custody in this context would mean having full access to or control over the client's funds or securities. If an IA does have custody, they must follow specific custody rules which include, but are not limited to, the use of qualified custodians to hold client assets, undergoing regular surprise examinations by an independent public accountant, and ensuring accurate reporting to clients.

Therefore, while an IA may have custody under specific, highly regulated circumstances, it's not typically allowed under normal operating conditions without meeting rigorous standards set by regulators to protect clients.

User MazzMan
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