Series 63 practice questionmediumAdministrator Discretion
An adviser in State K only serves mutual funds, but the Administrator receives information that the adviser is defrauding its clients. What is the Administrator's MOST LIKELY action?
- ATake enforcement action under anti-fraud provisions, even if registration is not required.✓ Correct answer
- BTake no action because of the institutional exemption.
- COrder the adviser to register immediately.
- DRefer the case to the SEC and take no further action.
Explanation
Why A — Take enforcement action under anti-fraud provisions, even if registration is not required.
The institutional exemption covers registration, but does not protect from anti-fraud enforcement (USA 406). The Administrator retains jurisdiction over fraudulent acts even for exempt advisers. Options B and D are incomplete; C is not required unless the anti-fraud investigation demands it.
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