Series 63 practice questionhardAdministrative Procedures — Federal Law Preemption
A state Administrator adopts a rule that directly conflicts with a provision of the Securities Act of 1933. Which of the following is TRUE?
- AThe state rule prevails because state securities laws always supersede federal laws
- BThe Administrator's rule is invalid because state rules may not conflict with applicable federal law✓ Correct answer
- CBoth rules apply simultaneously and registrants must comply with both
- DThe conflicting rule is valid until challenged in federal court
Explanation
Why B — The Administrator's rule is invalid because state rules may not conflict with applicable federal law
A state rule that directly conflicts with controlling federal law is preempted under the Supremacy Clause. USA Section 415 separately directs coordinated interpretation and administration with related federal regulation; it is not itself an express preemption provision.
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