Series 63 practice questioneasydistinguishing between exempt transactions and exempt securities
A junior banker is reviewing an offering for registration in State C. Which of the following is TRUE regarding an exempt security versus an exempt transaction?
- AAn exempt security is never subject to state anti-fraud provisions.
- BAn exempt transaction may still involve a non-exempt security.✓ Correct answer
- CIf the security is exempt, the transaction must also be exempt.
- DOnly exempt securities can be sold in exempt transactions.
Explanation
Why B — An exempt transaction may still involve a non-exempt security.
Exempt transactions may involve non-exempt securities (e.g., private placements). Exempt securities are still subject to anti-fraud. Exempt status of a security and a transaction are separate under USA Section 402 and 402(b).
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