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Series 63: Regulation of Securities & Issuers
Series 63 practice questionhardcomplex - loss of exemption

A county issues industrial revenue bonds for a private, for-profit sports franchise, and payments on the bonds are derived from the franchise. Under the USA, the bonds are:

  1. ANot automatically exempt under the governmental-securities exemption because payments are derived from a private commercial enterprise✓ Correct answer
  2. BAutomatically exempt because a county is the nominal issuer
  3. CExempt only after the Administrator retroactively revokes and restores the exemption
  4. DOutside the antifraud provisions because they are municipal bonds
Explanation

Why ANot automatically exempt under the governmental-securities exemption because payments are derived from a private commercial enterprise

The USA governmental-securities exemption generally excludes an industrial revenue obligation when payments are derived from a nongovernmental industrial or commercial enterprise, unless another exemption applies. Antifraud provisions still apply.

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