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