Series 63 practice questionhardPreemption exceptions and enforcement
All of the following are true about state authority over federal covered securities EXCEPT:
- AStates may require notice filings and fees from mutual fund issuers
- BStates may investigate and prosecute fraud in connection with mutual fund sales
- CStates may require substantive review and approval of mutual fund offerings✓ Correct answer
- DStates may suspend the ability to sell a mutual fund for noncompliance with notice filing requirements
Explanation
Why C — States may require substantive review and approval of mutual fund offerings
States are preempted from requiring substantive review or approval (merit review) of federal covered securities (USA Sec 18(b)). They may require notice filings, pursue fraud enforcement, and suspend sales for noncompliance.
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