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Series 63: Regulation of Investment Advisers
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?

  1. ATake enforcement action under anti-fraud provisions, even if registration is not required.✓ Correct answer
  2. BTake no action because of the institutional exemption.
  3. COrder the adviser to register immediately.
  4. DRefer the case to the SEC and take no further action.
Explanation

Why ATake 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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