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Series 63: Regulation of Securities & Issuers
Series 63 practice questionmediumFederal/State Coordination — State Antifraud Authority

A state Administrator discovers that an issuer of a federal covered security has been making materially false statements to investors in the state. Can the Administrator take action?

  1. ANo, because the security is federal covered and the state has no jurisdiction
  2. BYes, but only with prior SEC approval
  3. CYes, because the state retains antifraud authority over all securities, including federal covered securities✓ Correct answer
  4. DNo, only the SEC can take action against federal covered securities
Explanation

Why CYes, because the state retains antifraud authority over all securities, including federal covered securities

States retain antifraud authority and can enforce antifraud provisions against federal covered securities independently of the SEC.

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