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?
- ARevoke the adviser's SEC registration
- BInvestigate the conduct and bring a state antifraud enforcement action✓ Correct answer
- CConvert the notice filing into state investment-adviser registration
- DRequire the adviser to pass a state qualification examination
Explanation
Why B — Investigate 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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