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Series 63: Remedies & Administrative Provisions
Series 63 practice questionmediumDistinction: investigation vs. enforcement powers

A junior banker learns the State M Administrator is conducting an investigation into a broker-dealer’s conduct that occurred in multiple states. Which of the following actions may the Administrator take WITHOUT first proving a violation occurred?

  1. AIssue subpoenas for books and testimony in other states.✓ Correct answer
  2. BImpose penalties on the broker-dealer.
  3. CRevoke the broker-dealer’s registration.
  4. DFreeze the assets of the broker-dealer.
Explanation

Why AIssue subpoenas for books and testimony in other states.

Section 407 allows Administrators to issue subpoenas as part of investigations without first proving a violation; penalties (B), registration action (C), and asset freeze (D) generally require additional due process or proof.

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