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Ethics & FiduciaryLaws & Regulations17 min read

13.2 Prohibited and Unethical Practices

NASAA Model Rules define specific prohibited, fraudulent, and manipulative practices that trigger civil liability, administrative sanctions, and criminal prosecution.

Key NASAA Exam Takeaways

  • Churning: Excessive trading in a client account to generate commission income.
  • Borrowing from or Lending to Clients is prohibited UNLESS the client is a financial institution in the business of lending, or an immediate family member.
  • Sharing in client profits and losses is strictly prohibited for IAs and IARs; permitted for BD agents ONLY with written client and BD consent.
  • Guaranteeing a client against market loss or promising a specific minimum return is strictly unlawful.
  • Third-Party Research: Must disclose source; using third-party research without attribution constitutes plagiarism.
Knowledge Checkpoint • Section 13.2

Under NASAA Model Rules, in which of the following circumstances may an Investment Adviser Representative (IAR) borrow money from a client?