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Series 63: Regulation of Securities & Issuers
Series 63 practice questioneasyAntifraud—preservation under NSMIA

A state Administrator learns a misleading prospectus was used in connection with a private placement exempt from state registration under NSMIA. Which remedy is available to the Administrator?

  1. AInitiate disciplinary action for antifraud violations.✓ Correct answer
  2. BBlock the offering until registration documents are filed.
  3. CImpose merit review and approval of the offering.
  4. DRequire the issuer to register as a broker-dealer.
Explanation

Why AInitiate disciplinary action for antifraud violations.

NSMIA does NOT preempt state antifraud enforcement (USA Sec. 203A). States retain authority to pursue fraud even in exempt or federally preempted offerings; registration, merit review, or broker-dealer registration are not allowed remedies here.

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