Series 63 practice questionmediumPrivate placement – payment of commission to agents
A broker-dealer's agent in State Z completes a sale under a private placement exemption to a non-institutional investor, receiving a commission for her efforts. What is the impact on the exemption?
- AThe exemption is preserved if no more than 10 persons purchase.
- BThe exemption is preserved only if no commissions are paid to any party.
- CThe exemption is lost for that transaction.✓ Correct answer
- DThe exemption is preserved only if all investors are institutional.
Explanation
Why C — The exemption is lost for that transaction.
USA 402(b)(9) prohibits payment of commissions to agents when selling to non-institutional buyers. Wrong answers ignore the commission restriction or incorrectly apply the institutional investor rule.
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