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?
- AThe order may be issued without prior notice or hearing.✓ Correct answer
- BA hearing must always occur before the order can be issued.
- CThe order only applies if the adviser is criminally convicted.
- DThe order is effective only if the adviser consents in writing.
Explanation
Why A — The 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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- An Administrator suspects a broker-dealer of fraud. Under the USA, which of the following is TRUE?
- Which of the following is NOT a ground for denial of registration under the Uniform Securities Act?
- Before denying, suspending, or revoking a registration, the Administrator must provide:
- If a person violates a cease and desist order, the Administrator may:
- If an individual ignores a subpoena issued by the Administrator, the Administrator may:
- During an investigation, the Administrator may require which of the following from a broker-dealer?
- Under the USA, an Administrator’s investigation into possible violations:
