Series 63 practice questionmediumProspectus Use
An agent in State X is selling shares of a registered offering and sends a prospectus to a potential investor two days after the sale is completed. Which of the following is TRUE under the USA?
- AThis is a violation, as the prospectus must be delivered before or at the time of sale✓ Correct answer
- BThis is acceptable if the investor does not object
- CThis is acceptable if the prospectus contains all material facts
- DThis is not a violation if the agent verbally disclosed the information
Explanation
Why A — This is a violation, as the prospectus must be delivered before or at the time of sale
The USA mandates that a prospectus be delivered no later than the time of sale; post-sale delivery, regardless of investor consent or content, violates disclosure rules. Verbal disclosure (D) is insufficient.
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