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Series 63: Remedies & Administrative Provisions
Series 63 practice questionhardEdge case: refusal to comply with multi-state subpoenas

A broker-dealer headquartered in State Z receives simultaneous subpoenas from Administrators in States X, Y, and Z regarding the same set of transactions. The firm claims compliance with one state’s subpoena satisfies its legal obligations to all. Which answer best describes the firm’s situation under the USA?

  1. AEach Administrator is independently entitled to compliance; the firm must respond to each subpoena.✓ Correct answer
  2. BThe firm’s compliance with State Z’s subpoena voids any further obligations.
  3. COnly the first-served subpoena is legally binding.
  4. DThe firm may choose which state’s subpoena to follow, as long as it responds to one.
Explanation

Why AEach Administrator is independently entitled to compliance; the firm must respond to each subpoena.

Section 407 provides that each state Administrator’s investigative powers are independent. B, C, and D all incorrectly conflate or limit obligations to a single subpoena.

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