Uniform Securities Agent State Law (Series 63) Practice Exam 2025 - Free Series 63 Practice Questions and Study Guide

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Question: 1 / 400

In a dual capacity, how may a firm act?

As a broker only

As a dealer only

As both broker and dealer in the same transaction

As both broker and dealer, but not in the same transaction

In the context of the Uniform Securities Agent State Law (Series 63), a firm operating in a dual capacity can act as both a broker and a dealer. However, it is important to clarify that it can perform these roles in separate transactions, not simultaneously in the same transaction. This means that the firm may represent a client in one transaction as a broker, executing trades on their behalf, while in another transaction, the firm can trade for its own account as a dealer.

This distinction is crucial because it points to the regulatory responsibilities and obligations that accompany each role. As a broker, the firm must act in the best interest of its clients and disclose pertinent information, while as a dealer, it may have different obligations concerning market-making and inventory.

The other options misinterpret the nature of dual capacity. Acting solely as a broker or solely as a dealer would not meet the criteria for dual capacity. Therefore, the correct understanding is that a firm can function in both roles, but must maintain clear boundaries by not performing them simultaneously within the same transaction.

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