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Series 63: Remedies & Administrative Provisions
Series 63 practice questionmediumDistinction—Civil vs. Criminal Limitation Periods

All of the following statements about the statute of limitations for securities violations under the USA are true EXCEPT:

  1. ACriminal prosecution must be brought within 5 years of the violation.
  2. BCivil liability claims must be brought within 3 years of the violation or 2 years after discovery, whichever comes first.
  3. CCivil claims can be brought up to 10 years after the violation if undiscovered.✓ Correct answer
  4. DThe statute of limitations is shorter for civil than for criminal violations.
Explanation

Why CCivil claims can be brought up to 10 years after the violation if undiscovered.

C is incorrect: The USA (see §410 and §409) sets a maximum of 3 years from violation or 2 from discovery for civil cases. 10 years is not permitted. A, B, and D correctly reflect the law.

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