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Series 63: Regulation of Investment Advisers
Series 63 practice questionhardState Powers Over Notice Filings

A state Administrator discovers that a federal covered adviser's notice filing contains a material misstatement connected with fraud. Which action is within the Administrator's authority?

  1. ARevoke the adviser's SEC registration
  2. BInvestigate the conduct and bring a state antifraud enforcement action✓ Correct answer
  3. CConvert the notice filing into state investment-adviser registration
  4. DRequire the adviser to pass a state qualification examination
Explanation

Why BInvestigate the conduct and bring a state antifraud enforcement action

Federal preemption prevents a state from revoking an adviser's SEC registration or treating a notice filing as state adviser registration. It does not preempt state authority to investigate and bring enforcement actions for fraud or deceit.

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