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Series 65
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Textbook
Introduction
1. Investment vehicle characteristics
2. Recommendations & strategies
3. Economic factors & business information
4. Laws & regulations
4.1 Securities laws
4.2 Definitions
4.2.1 Persons
4.2.2 Exempt & excluded
4.2.3 Issuers & securities
4.2.4 Broker-dealers
4.2.5 Agents
4.2.6 Investment advisers
4.2.7 Investment adviser representatives (IARs)
4.2.8 SEC & state administrator
4.2.9 Offers & sales
4.3 Registration
4.4 Enforcement
4.5 Communications
4.6 Ethics
Wrapping up
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4.2.5 Agents
Achievable Series 65
4. Laws & regulations
4.2. Definitions

Agents

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We learned about broker-dealers in the previous section. Broker-dealers are financial institutions that help customers buy and sell securities. Agents are natural persons (human beings) who work for broker-dealers. Agents can also work for issuers.

Let’s start with the legal definition of an agent:

Definitions
Agent
Any individual who represents a broker-dealer or issuer in effecting or attempting to effect purchases or sales of securities

How customers may interact with a broker-dealer

In many cases, customers can interact with a broker-dealer without ever speaking to an agent - especially with modern digital platforms. For example, think about young investors with Robinhood accounts. Many customers may never have a human-to-human interaction. In those situations, the customer is working directly with the broker-dealer, with no agent involved.

That said, agents are still an important part of the industry. Technology can’t cover every situation, and many investors prefer working with a person when placing trades or asking questions. If you call a broker-dealer for help with a stock trade, you’ll typically be connected with one of its registered agents.

Common roles and responsibilities of agents

Common roles and responsibilities of agents include general brokerage customer service, transaction support (e.g. explaining what a limit or stop order is), transaction processing (e.g. submitting a stock trade for a customer), relationship management (e.g. point of contact for a broker-dealer’s most profitable clients), back office support (e.g. managing customer files), and supervision of other agents (e.g. acting as a manager for a team of agents).

Agents and issuers

Agents are most commonly associated with broker-dealers, but some issuer employees may also be registered as agents. Here’s the legal definition of an issuer:

Definitions
Issuer
Any person who issues or proposes to issue any security

Issuers are organizations that raise capital (money) by selling securities tied to their organizations. For example:

  • McDonald’s is the issuer of McDonald’s common stock (MCD)
  • Fidelity is the issuer of the Fidelity Total Bond Fund (FTBFX)
  • The US Government (technically the US Department of Treasury) is the issuer of Treasury bonds

Most of the time, issuers “farm out” the responsibility of selling their securities. For example, AirBnB hired Morgan Stanley and Goldman Sachs as co-lead underwriters for their initial public offering (IPO) in December 2020. As a hospitality-based business, it wouldn’t make much sense for AirBnB to build an entire finance department solely to sell its securities. That would be expensive, and after the IPO the company might not need that department for a long time. If the company didn’t plan to sell another security for some time, the department could be shut down, creating major costs and disruption. That’s why nearly every issuer, sometimes even including financial institutions, hires a third party to sell its securities.

Still, some issuers do have their own employees sell their securities. When those employees represent (work for) the issuer in securities transactions, they must register as agents.

For example, imagine AirBnB created an internal department responsible for selling its stock to the public. In that case, every employee engaging investors in those sales efforts would be required to register as an agent.

Key points

Agent

  • Natural person (human being) representing broker-dealers and issuers
  • Effects securities transactions for customers

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