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Series 63: Regulation of Securities & Issuers
Series 63 practice questionmediumEdge case—intrastate offerings

A company conducts an offering under SEC Rule 147 (intrastate exemption) in State Y. Which regulatory authority applies?

  1. AState Y may require registration or an exemption filing and enforce antifraud rules.✓ Correct answer
  2. BNSMIA preempts State Y from requiring registration or filings.
  3. CThe offering is exempt from both federal and state regulation.
  4. DOnly the SEC may bring antifraud actions for this offering.
Explanation

Why AState Y may require registration or an exemption filing and enforce antifraud rules.

Rule 147 offerings are NOT federal covered securities; State Y retains the power to require registration, process exemption filings, and enforce antifraud (USA 201/202). NSMIA preemption does not apply.

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