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Investment Company and Variable Contracts Products Representative Examination (IR) Questions 141–145 (page: 30)

Updated On: 9-Feb-2026

A fund's 12b-1 fees may not be used to pay which of the following?

  1. printing prospectuses
  2. compensating brokers who sell shares of the fund
  3. mailing sales literature to existing and prospective customers
  4. administrative expenses of the fund's investment adviser

Answer(s): D

Explanation:

A fund's 12b-1 fees may not be used to pay the administrative expense of the fund's investment adviser. This would be part of the fund's management fees. SEC rule 12b-1 authorizes a fund to pay for distribution costs out of a fund's assets only if the fund has adopted a 12b-1 plan. The SEC defines these distribution costs to include the costs of marketing and selling the fund shares, including compensating brokers who help to sell the shares, and printing and mailing prospectuses and sales literature to existing and prospective customers.



What did the Howey Decision?

  1. provided for fixed annuities to be excluded from the definition of a security.
  2. defined an investment contract as any investment of money in a common enterprise with the expectation of earning a profit from the efforts of others.
  3. stipulated that all general partnerships were investment contracts and, therefore, securities, as defined by the Securities Exchange Act of 1934.
  4. determined that certificates of deposit issued by a bank and insured by the FDIC did not qualify as securities, as defined by the Securities Exchange Act of 1934.

Answer(s): B

Explanation:

The Howey Decision defined an investment contract as any investment of money in a common enterprise with the expectation of earning a profit from the efforts of others. General partnerships do not fall under the definition of investment contracts since the general partners are actively involved in the business operations. Although both fixed annuities and bank CDs are excluded from the definition of a security, this was not part of the Howey Decision.



A discretionary account authorization permits a registered representative to decide:

  1. whether to make a purchase or a sale.
  2. what specific asset to purchase or sell.
  3. how much of an asset to buy or sell for the account.
  4. all of the above.

Answer(s): D

Explanation:

A discretionary account authorization permits a registered representative to decide on all three issues-whether to make a purchase or a sale; what specific asset should be purchased or sold; and how much of that asset to buy or sell.



Total Investments, a family of mutual funds, has prepared some new PowerPoint slides that it will use at a free financial planning seminar it offers to the general public. The new slides:

I). must be signed and dated by a registered principal of Total Investments.
II). must be filed with FINRA 10 business days prior to their first use.
III). must be kept in a separate file by Total for three years after the date of their first use.

  1. I only
  2. I and II only
  3. I and III only
  4. I, II, and III only

Answer(s): C

Explanation:

Only Selections I and III are correct. The PowerPoint slides that are being used at a financial planning seminar fall under the definition of sales literature and, as such, must be signed and dated by a registered principal of Total Investments and must be maintained in a separate file by Total for three years after the date of their first use. Sales literature must also be filed with FINRA within 10 business days of first use, but not prior to the first use, unless it concerns bond volatility ratings.



The AGRO Mutual Fund invests in aggressive growth stocks of midcap corporations. The fund is running an advertisement on the radio that informs the listeners that AGRO earned a 22% return last year while the S&P 500 Index returned only 10%. The ad also contains information regarding how an interested investor can contain a fund prospectus.
Has AGRO violated any securities laws with this advertisement?

  1. No. This would be considered a generic advertisement and not an offer to sell.
  2. No. In addition to providing the listeners with its own return last year, AGRO appropriately provided the listeners with a benchmark return; thus there has been no violation of any laws.
  3. Yes. Although AGRO provided the return on the S&P 500 as well as its own return, the S&P 500 Index is comprised of average risk stocks and is not an appropriate benchmark for AGRO to use.
  4. Yes. AGRO is required to provide information on the specific investments it made to earn that 22% return, given that the return is unusually high.

Answer(s): C

Explanation:

Yes. When AGRO runs an advertisement that informs the listeners that it earned a 22% return last year while the S&P 500 Index returned only 10%, it has violated securities laws because although the fund provided the return on the S&P 500 as well as its own return, it failed to mention that the S&P 500 Index is comprised of large company stocks of average risk, which is not an appropriate benchmark for AGRO to use. The appropriate index is one comprised of similar stocks, such as the Russell Mid-Cap Growth Index. Furthermore, any advertisement referencing past returns must contain a statement that past performance is not indicative of future performance.



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