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Series 63: Remedies & Administrative Provisions
Series 63 practice questionmediumCease and desist—scope

A registered investment adviser in State Z is alleged to have made misleading statements to clients. The Administrator issues a cease and desist order. Which is TRUE regarding the order under the USA?

  1. AThe order may be issued without prior notice or hearing.✓ Correct answer
  2. BA hearing must always occur before the order can be issued.
  3. CThe order only applies if the adviser is criminally convicted.
  4. DThe order is effective only if the adviser consents in writing.
Explanation

Why AThe order may be issued without prior notice or hearing.

A cease and desist order can be issued with or without prior notice or hearing (USA Sec 408). A hearing is not always required beforehand, nor is criminal conviction or consent.

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