Series 63 practice questioneasyScienter vs. Strict Liability
An agent in State X sells an unregistered, non-exempt security to a client, believing in good faith that it was registered. Under the Uniform Securities Act, which of the following is TRUE regarding liability for fraud?
- AThe agent may be subject to a civil suit by the client, regardless of intent.✓ Correct answer
- BFraud charges require that the agent acted intentionally.
- CStrict liability applies to all securities violations, including fraud.
- DThe client may not recover damages since the agent acted in good faith.
Explanation
Why A — The agent may be subject to a civil suit by the client, regardless of intent.
Civil liability for selling unregistered, non-exempt securities does not require scienter (intent to deceive), so the agent may be liable even if acting in good faith (USA Sec. 410). Fraud, however, does require scienter, so B is incorrect. C is too broad; not all violations are strict liability. D is incorrect as good faith is not a defense here.
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