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Series 63: Regulation of Securities & Issuers
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?

  1. AThis is a violation, as the prospectus must be delivered before or at the time of sale✓ Correct answer
  2. BThis is acceptable if the investor does not object
  3. CThis is acceptable if the prospectus contains all material facts
  4. DThis is not a violation if the agent verbally disclosed the information
Explanation

Why AThis 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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