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Is an individual acting as a solicitor required to pass the Series 65 examination?


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Whether a solicitor (an individual that merely refers prospective clients to a registered investment advisor in exchange for a portion of the investment advisory fee) must take the Series 65 examination is determined by the applicable state securities regulator’s definition of an investment advisor representative. This still holds true even if the solicitor is referring clients to an investment advisor firm registered with the United States Securities and Exchange Commission (also known as the “SEC”). Although the Uniform Securities Act (which is the model legislation used as a general reference by state legislatures when amending their state laws) includes solicitor activities within its definition of investment advisor representative and thus requiring the Series 65, many states have a different definition of an investment advisor representative which does not include solicitor activities. A solicitor should contact the applicable state securities regulators for a definitive answer as to whether the Series 65 is required.

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