Series 63 practice questionmediumLimits on state-imposed requirements for mutual funds
A mutual fund seeking to offer shares in State B submits its SEC prospectus and pays the required notice filing fee. The State B Administrator demands additional disclosure not found in the SEC prospectus. Which is MOST accurate?
- AThe Administrator may require the additional disclosure before sales begin
- BThe Administrator cannot require additional disclosure since the fund is a federal covered security✓ Correct answer
- CFederal law does not pre-empt state disclosure rules for mutual funds
- DThe fund must also register in State B as a condition of sale
Explanation
Why B — The Administrator cannot require additional disclosure since the fund is a federal covered security
States may not impose disclosure requirements differing from federal standards for federal covered securities, including mutual funds (USA Sec 18(b)). Only notice filings and fees are allowed.
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