Lesson

In this sub-section, we will discuss the ethical implications and regulations surrounding political contributions made by investment advisers and their representatives. We will explore the rules that govern these contributions, the potential conflicts of interest they may create, and the consequences of violating these rules.

Practice Question #1

Which of the following is considered a political contribution?

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Terms

Political contribution:
A donation or payment to a political candidate, party, or campaign.
Pay-to-play:
A practice where investment advisers make political contributions to gain influence or secure business opportunities.
Rule 206(4)-5:
An SEC rule prohibiting investment advisers from engaging in pay-to-play practices.
Covered associate:
An employee of an investment adviser who solicits government entities for advisory services or makes political contributions.
Two-year time-out:
A period during which an investment adviser is prohibited from providing advisory services to a government entity after making a political contribution.
De minimis exception:
A rule that allows covered associates to make political contributions up to a certain amount without triggering the two-year time-out.

Practice Question #2

What is the purpose of the two-year time-out rule?

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Historical Example

In the 1990s, a major investment bank was found to have made significant political contributions to state officials responsible for selecting underwriters for municipal bond offerings. This led to increased scrutiny of the industry and the eventual adoption of Rule G-37 by the Municipal Securities Rulemaking Board, which restricts political contributions by municipal securities dealers.

Practice Question #3

Which of the following is NOT a requirement under Rule 206(4)-5?

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Real-World Example

An investment adviser's covered associate makes a $5,000 contribution to a candidate running for mayor in a city where the adviser is seeking to manage the city's pension fund. This contribution may trigger the two-year time-out, preventing the adviser from providing services to the city's pension fund for two years.

Practice Question #4

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Rhyme

This is a stretch, but consider the following device for remembering Rule 206(4)-5, often called the Pay to Play Rule in the Investment Advisers Act of 1940. Think of... - 20 as 'Score' (a term used in the past to refer to 20, like in Lincoln's Gettysburg Address) - 6 as 'Kick' - 4 as 'For' - 5 as 'High' This creates the phrase "Score Kick For High." Imagine a game where the player has to 'kick' to score, and if they want to win (or get the 'play'), they have to kick it high, referring to making large contributions: "Pay to Play," get it?

Practice Question #5

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Thresholds to Remember

- $De minimis exception$: A political contribution of $350 or less per election to a candidate for whom the contributor is entitled to vote, or $150 or less per election to a candidate for whom the contributor is not entitled to vote. - $Two-year time-out$: A two-year ban on receiving compensation for providing advisory services to a government entity after making a political contribution to an official of that entity. - $Prohibition on soliciting contributions$: Investment advisers and their covered associates are prohibited from soliciting contributions for a government official who can influence the selection of the adviser.

Practice Question #6

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Threshold Examples

- $De minimis exception example$: An investment adviser contributes $300 to a local mayoral candidate for whom they are entitled to vote. This contribution falls within the de minimis exception and does not trigger the two-year time-out. - $Two-year time-out example$: An investment adviser contributes $500 to a state governor who can influence the selection of investment advisers for the state's pension fund. This contribution triggers the two-year time-out, and the adviser is banned from receiving compensation for providing advisory services to the state for two years. - $Prohibition on soliciting contributions example$: An investment adviser asks their clients to contribute to the campaign of a state treasurer who can influence the selection of investment advisers for the state's pension fund. This action violates the prohibition on soliciting contributions.

Practice Question #7

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Pitfalls to Remember

- $Recordkeeping requirements$:
Investment advisers must maintain records of all political contributions made by the adviser and their covered associates for at least five years.

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