RegistrationQuestion 35 of 100

An unregistered individual introduces investors to a small private company and receives a percentage of every dollar the investors put in. The most likely conclusion under the Uniform Securities Act is that she:

a.Is acting as an unregistered agent, because transaction-based compensation for effecting securities sales points squarely to agent status
b.Is exempt because she never handled customer funds
c.Is an investment adviser rather than an agent
d.Is a broker-dealer because she was paid a percentage

Explanation

Receiving compensation tied to the size or completion of securities transactions is the strongest indicator that a person is effecting or attempting to effect sales and is therefore acting as an agent. Never touching customer money creates no exemption. She is not an adviser because she is paid for sales rather than for advice, and a natural person representing an issuer is treated as an agent rather than a broker-dealer.

Law Reference: Uniform Securities Act

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