Section 3 Customer Conduct, Communications, and Ethics

Account opening and customer information

16 min read · Lesson 2 of 8

About This Lesson

Before the first trade, the paperwork — and the exam knows every form by name. This chapter is document-driven: for each account type there's a specific set of information to collect, a specific disclosure to deliver, a specific agreement to sign, and a specific supervisor to approve it. The winning skill is mapping: hear "margin account," produce the credit and hypothecation agreements; hear "options," produce the OAD and the 15-day rule. Learn the map and these questions become retrieval, not reasoning.

What you'll cover

  • FINRA Rule 4512 — what every account must record, what recommendation accounts add, and the 30-day / 36-month / 6-year cadence
  • margin accounts — Reg T's 50% initial and $2,000 minimum, FINRA 4210's 25%/30% maintenance, and the three customer agreements
  • options accounts — the OAD, the Registered Options Principal, and both 15-day rules
  • options valuation basics: intrinsic value, time value, and moneyness
  • advisory contracts — the 5-business-day penalty-free exit and the assignment-consent rule

The know-your-customer information gathered here isn't box-checking — it's the raw material every suitability question in the next chapters assumes you have.

New account opening — FINRA Rule 4512

FINRA Rule 4512 (Customer Account Information) sets what a broker-dealer must collect, record, and update for every customer account — and it earns its keep twice: the information enables suitability and best-interest determinations, and it builds the audit trail regulators walk in every examination and enforcement action.

Information required at account opening:

  • Customer's name and residence address
  • Whether the customer is of legal age
  • Customer's tax identification number (typically SSN for individuals, EIN for entities)
  • Occupation of the customer, and the name and address of the employer
  • Signature of the registered representative responsible for the account
  • Signature of a principal of the firm signifying acceptance of the account

Information required for accounts where the firm will make recommendations (typically all retail accounts):

  • Annual income and net worth (and liquid net worth)
  • Investment objectives
  • Risk tolerance
  • Investment time horizon and liquidity needs
  • Other holdings, investment experience, and tax status

And the maintenance cadence — three numbers worth owning:

  • Customers must be sent the recorded account information within 30 days of opening and at least every 36 months thereafter
  • The firm must request updates and incorporate any material changes the customer reports
  • Records must be retained for at least 6 years after the account is closed
1

New account opening

FINRA Rule 4512 · SEC Rule 17a-3(a)(17)

Collect customer information, profile, and signatures

Form 4512 customer info Customer profile (income, NW, objectives) RR signature Principal approval
2

Margin upgrade

Reg T · FINRA Rule 4210

Add margin authority — customer must sign before any margin trade

Margin agreement (credit agreement) Hypothecation agreement Reg T initial 50% FINRA 25% maintenance long / 30% short Loan consent (optional)
3

Options upgrade

FINRA Rule 2360 · OCC OAD

Options approval requires ROP signoff and disclosure delivery

OAD delivered at or before approval Signed Options Account Agreement within 15 days ROP (Registered Options Principal) approval Suitability for options strategy

Margin accounts — Regulation T and FINRA Rule 4210

A margin account lets the customer borrow part of the purchase price from the broker-dealer, with the security itself serving as collateral — and two regulators split the oversight. The Federal Reserve's Regulation T governs the moment of purchase; FINRA Rule 4210 governs every day after.

Regulation T — initial margin:

  • 50% initial margin requirement for marginable equity securities (long or short)
  • Reg T applies at the time of purchase — the customer must deposit at least 50% of the purchase price, with the remainder financed by the firm
  • The minimum equity to open a margin account is $2,000, or 100% of the purchase if the security costs less than $2,000
  • Not all securities are marginable: most listed equities and many OTC securities are; new IPO shares are not marginable for 30 days; options generally cannot be purchased on margin (premium paid in full)

FINRA Rule 4210 — maintenance margin:

  • 25% minimum maintenance margin for long positions
  • 30% minimum maintenance margin for short positions of stock priced $5 or more
  • If equity falls below the maintenance level, a maintenance margin call requires the customer to deposit additional funds or have positions liquidated
  • Firms may set house requirements above the FINRA minimums

Paper before leverage — the agreements required before any margin trade:

  • Margin (Credit) Agreement — sets the terms of the lending arrangement, interest rate calculation, and the firm's right to liquidate
  • Hypothecation Agreement — authorizes the firm to pledge customer securities as collateral for loans the firm takes to finance the margin
  • Loan Consent Agreement — optional; authorizes the firm to lend the customer's securities to third parties for short selling

Options accounts — FINRA Rule 2360 and the OAD

Options carry unique leverage and loss profiles, so opening an options account stacks extra disclosure and supervision on top of the standard FINRA 4512 requirements. FINRA Rule 2360 governs the entire options sales practice — and the exam tests its paperwork sequence relentlessly.

The Options Account Document (OAD) — formerly called the OCC Options Disclosure Document (ODD) — is the standardized risk disclosure prepared by the Options Clearing Corporation. Timing is the tested fact: it must be delivered at or before the time the firm approves the customer's account for options trading. The OAD covers the risks, characteristics, and strategies of standardized options.

The Options Account Agreement is a separate, customer-signed document confirming the customer's understanding of the OAD and acknowledging the special risks. Under Rule 2360, it must come back within 15 days after the account is approved — and here's the twist candidates miss: miss the 15 days and the account isn't frozen, it drops to a closing-transaction-only basis. Positions can be unwound; nothing new goes on.

The approval workflow, in order:

  • Customer profile information collected, including investment objectives, experience, and risk tolerance specific to options
  • OAD delivered at or before approval
  • Account approved by a Registered Options Principal (ROP) — the supervisor responsible for options activity
  • Options Account Agreement returned within 15 days
  • Suitability determination tied to the specific options strategy permitted (Level 1 covered calls and protective puts; up through Level 4 uncovered writing for sophisticated customers)

Options valuation basics

Relax — the Series 63 doesn't want pricing models. It tests a small set of valuation concepts: the language and arithmetic of premiums. Two components, three vocabulary words, one subtraction.

The premium of any option is the sum of two components:

  • Intrinsic value — the option's in-the-money amount, which is the positive difference between the market price and the strike price. A call has intrinsic value when market > strike; a put has intrinsic value when market < strike. Intrinsic value is never negative.
  • Time value (also called extrinsic value) — the portion of premium attributable to remaining time until expiration. Time value erodes ("decays") as expiration approaches.

Moneyness terminology:

  • In-the-money (ITM) — the option has intrinsic value. Call ITM when market > strike; put ITM when market < strike.
  • At-the-money (ATM) — market price equals strike price.
  • Out-of-the-money (OTM) — the option has no intrinsic value. Call OTM when market < strike; put OTM when market > strike. The entire premium of an OTM option is time value.

Work the example. A call option on XYZ has a $50 strike. XYZ is trading at $54. The call is in-the-money by $4 (intrinsic value). If the premium is $5.50, the time value is $1.50 ($5.50 premium minus $4 intrinsic). If XYZ falls to $48, the same call becomes out-of-the-money — intrinsic value is now $0 and the entire remaining premium is time value. That one subtraction — premium minus intrinsic — is the whole exam skill here.

What Advisory Contracts Must Include

Switch hats for a moment: on the advisory side, the contract itself is the regulated document. Every investment advisory contract must contain:

  • Description of services to be provided
  • Compensation arrangement — how fees are calculated and when they are charged
  • Term and termination clause — the contract must allow the client to terminate without penalty within 5 business days
  • No assignment without consent: The contract cannot be assigned to another adviser without the client's written consent
  • Disclosure of conflicts of interest

And watch how far "assignment" stretches: a change in control of the adviser — a sale of the advisory firm, for instance — constitutes an assignment under the law. So when an adviser is acquired by another firm, each client must consent before the new firm can manage their assets. Clients are people, not inventory; they don't transfer with the sale.

Customer-account answer framework

Account questions almost always test a specific document or rule. Identify the account type first, then produce its paperwork:

  • Cash account → FINRA Rule 4512 customer info + Form CRS at account opening.
  • Margin account → Add the margin (credit) agreement and hypothecation agreement. Reg T initial 50%, FINRA 25% maintenance long / 30% short.
  • Options account → Add the OAD at or before approval, and the signed Options Account Agreement within 15 days. ROP approves the account.
  • Advisory account → Form ADV Part 2A delivered before or at contract; written contract describing services, compensation, and assignment terms.

And when a fact pattern has an existing customer reaching for a new product, the answer is nearly always the same three-beat sequence: deliver the relevant disclosure, get the relevant agreement signed, obtain principal/ROP approval — in that order. The Series 63 loves testing the order as much as the documents.

Concept Check

Under the SEC Marketing Rule, an investment adviser may use client testimonials in advertising if:

Under the SEC Marketing Rule (Rule 206(4)-1, effective November 2022), an investment adviser may use client testimonials and third-party endorsements provided specific conditions are met: clear and prominent disclosure of (1) whether the person giving the testimonial is a client, (2) whether the person was compensated, and (3) any material conflicts of interest. The Marketing Rule replaced the longstanding prohibition on testimonials under the prior 1961 rule. Cherry-picking favorable testimonials while omitting unfavorable ones is prohibited. <!-- CC:s63-comm-marketing-rule-testimonials -->
Concept Check

A broker-dealer is opening a new individual brokerage account for a customer who will receive recommendations. Under FINRA Rule 4512, which of the following must be collected and recorded at account opening?

FINRA Rule 4512 requires the firm to collect customer identifying information (name, address, age confirmation, tax ID, occupation and employer) plus a registered representative signature and principal approval. For accounts where the firm will make recommendations, the firm must also collect the customer's investment profile — annual income, net worth, investment objectives, risk tolerance, time horizon, and similar information. The records must be sent to the customer within 30 days and updated at least every 36 months. <!-- CC:s63-comm-4512-required-information -->
Concept Check

A customer wants to purchase 1,000 shares of a marginable stock at $40 per share in a margin account. Under Regulation T, what is the minimum initial cash deposit required?

Regulation T (set by the Federal Reserve) requires an initial margin of 50% on marginable equity securities. For a $40,000 purchase, the customer must deposit at least $20,000, with the remaining $20,000 financed by the broker-dealer. The $2,000 minimum equity is a separate requirement for opening a margin account, not the per-trade initial margin. FINRA's 25% applies to ongoing maintenance margin, not initial margin. <!-- CC:s63-comm-regulation-t-initial-margin -->
Concept Check

A customer holds 500 shares of a $30 long stock position in a margin account. Under FINRA Rule 4210, what is the minimum maintenance margin requirement?

FINRA Rule 4210 sets minimum maintenance margin at 25% of the current market value for long positions. The position has a market value of $15,000 (500 shares times $30), so the maintenance margin minimum is $3,750. The 30% rate applies to short positions of stock priced $5 or more. The 50% rate is Regulation T initial margin, applied at the time of purchase, not maintenance. Firms may set house requirements above the FINRA minimum. <!-- CC:s63-comm-finra-4210-maintenance-long -->
Concept Check

A customer's new options account is approved by the Registered Options Principal on May 1. The Options Account Document (OAD) was delivered on May 1, but the customer has not yet returned the signed Options Account Agreement. As of May 20, under FINRA Rule 2360:

FINRA Rule 2360 requires the signed Options Account Agreement to be returned within 15 calendar days after account approval. May 20 is 19 days after the May 1 approval, so the agreement has not been returned in time. The consequence is that the account may continue to trade options but only on a closing-transaction-only basis — the customer may close existing positions but may not open new ones until the signed agreement is received. The account is not frozen entirely, nor is it closed. <!-- CC:s63-comm-options-account-agreement-15-day -->
Concept Check

Under the USA PATRIOT Act and FinCEN regulations, a broker-dealer opening a new customer account must:

Under the USA PATRIOT Act and FinCEN's Customer Identification Program (CIP) rule (31 CFR 1023.220), every broker-dealer must establish a CIP to verify the identity of each new customer. The CIP must include procedures for collecting MINIMUM IDENTIFYING INFORMATION (name, date of birth, address, identification number) and VERIFYING identity through documentary methods (passport, driver's license) and/or non-documentary methods (database checks, public records). The CIP applies regardless of physical presence, citizenship status, or SSN availability. Non-U.S. accounts require enhanced due diligence but not Treasury pre-approval. <!-- CC:s63-comm-cip-patriot-act -->
Concept Check

A married couple opens a joint brokerage account. They request that, upon the death of either spouse, the surviving spouse automatically become the sole owner of the account. The appropriate account type is:

Under common law and securities account documentation rules, JOINT TENANTS WITH RIGHT OF SURVIVORSHIP (JTWROS) is the account type providing automatic transfer of full ownership to the surviving owner(s) upon death of a co-owner. The deceased's interest does NOT pass through probate. Tenants in Common (TIC) holds undivided proportional interests that pass through each owner's probate rather than to the surviving co-owner. JTLPD is not a recognized account type. A trust account would require a separate trust agreement and could satisfy the same end goal, but JTWROS is the direct account-level mechanism for spouses seeking automatic survivorship. <!-- CC:s63-comm-jtwros-account-type -->
Concept Check

Under FINRA Rule 2165 (Financial Exploitation of Specified Adults) and parallel state rules, a broker-dealer opening a new account should:

Under FINRA Rule 4512 (revised 2018) and parallel state implementations, broker-dealers must MAKE A REASONABLE EFFORT to obtain the name and contact information of a TRUSTED CONTACT PERSON for each non-institutional customer at account opening. The trusted contact may be reached to discuss possible financial exploitation, address health-status concerns, or assist administering the account if the customer cannot be contacted. The customer is NOT required to provide the information, but the firm must ASK. FINRA Rule 2165 provides safe-harbor temporary hold authority when financial exploitation of a specified adult (age 65+ or impaired) is suspected. <!-- CC:s63-comm-trusted-contact-4512 -->