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A Washington broker deposits a general $2,000 operating-fund cushion in its trust account. There is no identified deficiency in any borrower subaccount. Does this qualify as a permitted advance of the broker’s own funds?

Correct Answer

B) No; a general cushion is not an exact, documented advance for a borrower subaccount deficiency

WAC 208-660-410(11) allows the exact amount needed to cover an individual borrower subaccount deficiency, with detailed records. The facts do not meet that exception. A general operating cushion remains impermissible commingling. Source: RCW 19.146.050(1); WAC 208-660-410(11)

Answer Options
A
No, but only if the broker later withdraws the cushion
B
No; a general cushion is not an exact, documented advance for a borrower subaccount deficiency
C
Yes; any cushion that prevents overdrafts is permitted
D
Yes; recording the cushion in a separate ledger is sufficient

Why This Is the Correct Answer

WAC 208-660-410(11) allows the exact amount needed to cover an individual borrower subaccount deficiency, with detailed records. The facts do not meet that exception. A general operating cushion remains impermissible commingling. Source: RCW 19.146.050(1); WAC 208-660-410(11)

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