Uniform Investment Adviser Law Examination
The Series 65 exam qualifies individuals as investment adviser representatives (IARs) who provide fee-based investment advice to clients. Administered by NASAA (North American Securities Administrators Association), the exam covers economic factors, investment vehicles, client recommendations, and the laws and regulations governing investment advisers. Unlike most FINRA exams, the Series 65 does not require firm sponsorship to sit for the exam, though firm sponsorship is typically required for registration as an IAR.
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Leading indicators change before the economy as a whole changes, making them useful for predicting future economic activity. Examples include building permits, stock market performance, the money supply (M2), and the index of consumer expectations. A decline in leading indicators may signal an upcoming recession.
Lagging indicators change after the economy has already begun to follow a particular pattern. Examples include the unemployment rate, corporate profits, consumer price index (CPI), and the average duration of unemployment. These indicators confirm trends that are already underway. Coincident indicators move in step with the economy and include GDP, industrial production, and personal income.
The Federal Reserve uses three primary tools to conduct monetary policy. Open market operations (buying and selling Treasury securities) is the most frequently used tool -- buying securities injects money into the economy (expansionary), while selling securities removes money (contractionary).
The discount rate is the interest rate the Fed charges member banks for short-term loans. Lowering it encourages borrowing and expands the money supply. The reserve requirement is the percentage of deposits banks must hold in reserve. Lowering it allows banks to lend more, expanding credit. In practice, the Fed primarily relies on open market operations and the federal funds rate target to implement policy.
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Open-end mutual funds continuously issue and redeem shares at their net asset value (NAV), calculated once daily at market close. They offer diversification, professional management, and liquidity, but may carry sales loads (front-end or back-end) and ongoing expense ratios.
ETFs (Exchange-Traded Funds) trade on exchanges throughout the day like stocks, typically track an index, and generally have lower expense ratios than actively managed mutual funds. Their market price may differ slightly from NAV. Closed-end funds issue a fixed number of shares through an IPO and then trade on exchanges. They can trade at a premium or discount to NAV, use leverage, and do not redeem shares directly from the fund.
Investment advisers must understand how options can be used for hedging (reducing risk) and income generation. A covered call strategy involves writing (selling) call options on stocks already owned, generating premium income while capping upside potential -- suitable for clients seeking additional income in a flat or mildly bullish market.
A protective put involves buying put options on stocks already owned, providing downside protection (like insurance) while maintaining upside potential. The cost is the premium paid. Advisers must ensure that any options strategy is suitable for the client's investment objectives, risk tolerance, and financial situation, and that the client understands the risks involved.
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Modern Portfolio Theory (MPT), developed by Harry Markowitz, holds that rational investors will construct portfolios to maximize expected return for a given level of risk. The key insight is that an asset's risk and return should be evaluated not in isolation, but by how it contributes to the overall portfolio's risk and return.
By combining assets with low or negative correlation, investors can reduce portfolio risk without proportionally reducing expected returns. The efficient frontier represents the set of optimal portfolios that offer the highest expected return for each level of risk. Portfolios below the efficient frontier are suboptimal because they do not provide enough return for their level of risk.
A Traditional IRA offers tax-deductible contributions (subject to income limits if covered by an employer plan), with earnings growing tax-deferred. Withdrawals in retirement are taxed as ordinary income. Required minimum distributions (RMDs) must begin at age 73. Withdrawals before age 59 1/2 generally incur a 10% early withdrawal penalty plus income tax.
A Roth IRA is funded with after-tax dollars (contributions are not deductible), but qualified withdrawals in retirement are entirely tax-free. There are no RMDs during the owner's lifetime. Roth IRAs have income eligibility limits for direct contributions. A Roth is generally more advantageous for younger investors or those who expect to be in a higher tax bracket in retirement.
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Key Concepts
Investment advisers owe a fiduciary duty to their clients, which is the highest standard of care in the financial industry. This means the adviser must always act in the client's best interest, disclose all material conflicts of interest, and not place their own interests ahead of the client's. The fiduciary standard applies at all times, not just at the point of recommendation.
The suitability standard, historically applied to broker-dealers, requires that recommendations be suitable for the client based on their profile but does not require that the recommendation be in the client's best interest. Under Regulation Best Interest (Reg BI), broker-dealers must now act in the client's best interest at the time of recommendation, narrowing but not eliminating the gap between the two standards.
Form ADV Part 1 contains information about the investment adviser's business, ownership, clients, employees, business practices, affiliations, and disciplinary history. It is filed electronically with the SEC (via IARD) or state regulators and is publicly available.
Form ADV Part 2A (the "firm brochure") is a plain-English document that must be delivered to prospective clients before or at the time of entering into an advisory contract. It describes services, fees, investment strategies, conflicts of interest, and disciplinary information. Part 2B (the "brochure supplement") provides information about specific advisory personnel who will work with the client. Both must be updated annually and offered to existing clients.
Study Tips for the Series 65 Exam
- Focus on Sections 3 and 4. Together, "Client Recommendations" and "Laws and Regulations" make up 60% of the exam. Master fiduciary duties, suitability, the Uniform Securities Act, and the Investment Advisers Act of 1940.
- Understand the fiduciary standard deeply. Many questions test whether you can distinguish fiduciary obligations from suitability requirements. Know when each standard applies and the practical implications for client interactions.
- Know Form ADV inside and out. Expect multiple questions about what is included in Parts 1, 2A, and 2B, when each must be delivered, and how often they must be updated. This is a heavily tested area.
- Learn the quantitative formulas. Be comfortable calculating current yield, total return, alpha, beta, Sharpe ratio, and time value of money concepts. The exam may present scenario-based calculations.
- Distinguish exempt from non-exempt. Know which securities and transactions are exempt from registration under both federal and state law. The Uniform Securities Act exemptions are frequently tested.
- Pace yourself -- 1.4 minutes per question. With 140 questions in 180 minutes, time management is essential. Flag difficult questions and return to them rather than spending too long on any single question.
Practice Questions
Test your knowledge with these Series 65-style questions. Click an answer to check if you are correct.
1. Which of the following is considered a leading economic indicator?
Correct: C. Building permits are a leading economic indicator because an increase in permits suggests future construction activity and economic growth. The unemployment rate, CPI, and corporate profits are all lagging indicators that confirm trends already underway.
2. An investment adviser has a fiduciary duty to clients. Which of the following actions would violate this duty?
Correct: B. A fiduciary must disclose all material conflicts of interest. Recommending a product because it pays a higher fee, without disclosing that conflict, places the adviser's interest above the client's and violates the fiduciary duty of loyalty.
3. According to Modern Portfolio Theory, which of the following is the primary benefit of diversification?
Correct: B. Modern Portfolio Theory demonstrates that diversification reduces unsystematic (company-specific) risk. Systematic (market) risk cannot be eliminated through diversification -- only through hedging. Diversification does not eliminate all risk, nor does it maximize short-term gains.
4. Form ADV Part 2A must be delivered to a prospective advisory client:
Correct: B. Under the Investment Advisers Act of 1940, the firm brochure (Form ADV Part 2A) must be delivered to prospective clients not later than the time of entering into the advisory contract. This ensures clients have full information about the adviser's business practices, fees, and conflicts before engaging their services.
5. A client nearing retirement with a conservative risk tolerance asks about Roth IRA conversions. Which factor is MOST important to consider?
Correct: B. The primary consideration for a Roth conversion is whether the client expects to be in a higher tax bracket in retirement. Converting to a Roth means paying taxes now on the converted amount, but future withdrawals are tax-free. If the client will be in a lower bracket in retirement, the conversion may not be advantageous since they would pay higher taxes now than they would on future withdrawals.
Related Exams
Consider these exams if you are pursuing a career as an investment adviser representative or expanding your registrations.
Uniform Combined State Law
Combines the Series 63 and Series 65 into a single exam. Requires the Series 7 as a co-requisite. Ideal if you need both agent and adviser registrations.
Securities Industry Essentials
The foundational securities exam covering industry basics. While not a prerequisite for the Series 65, it provides essential knowledge of capital markets, products, and regulations.