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Series 63: Regulation of Investment Advisers
Series 63 practice questionhardState Administrator’s jurisdiction and notice filing

A federally covered IA with no office in State J manages a pension fund domiciled in State J, but the plan’s trustees reside in multiple states. The Administrator of State J seeks to require the IA to register. Which is TRUE?

  1. AThe Administrator may require notice filing but not registration✓ Correct answer
  2. BThe Administrator may require both registration and notice filing
  3. CThe Administrator can require registration if the IA solicits retail clients in State J
  4. DNo action is permitted by the Administrator due to federal preemption
Explanation

Why AThe Administrator may require notice filing but not registration

Federally covered IAs are subject to notice-filing requirements but are not required to register in any state (USA 303(a)). Federal preemption restricts state power to requiring notice filings, even for institutional clients. B and C misstate state powers; D is too broad.

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