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Series 63: Regulation of Securities & Issuers
Series 63 practice questionhardAntifraud jurisdiction—cross-border

A junior banker in IL assists with a public offering of federal covered securities by a CA company. Untrue statements are made to investors in NY. Which state(s) may pursue antifraud actions?

  1. AOnly NY, as the investors reside there.
  2. BAny state with investors harmed or where misstatements occurred.✓ Correct answer
  3. COnly CA, as the issuer's home.
  4. DNo state may pursue, only the SEC has authority due to federal coverage.
Explanation

Why BAny state with investors harmed or where misstatements occurred.

NSMIA preserves state antifraud jurisdiction (USA 203A); any state with a connection—issuer, agent, or victim—may act. SEC authority does NOT preempt state antifraud enforcement.

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