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Series 63: Regulation of Broker-Dealers & Agents
Series 63 practice questionhardHard—Administrator Actions in Jurisdictional Edge Cases

An agent of a BD registered only in State X cold-calls a prospective client in State Y from an office in State X and effects a securities transaction. What is the State Y Administrator's MOST LIKELY action?

  1. ARequire the agent and BD to register in State Y before conducting further business.✓ Correct answer
  2. BTake no action since the call originated in State X.
  3. CFile a criminal complaint against the agent.
  4. DRetroactively void the transaction in State Y.
Explanation

Why ARequire the agent and BD to register in State Y before conducting further business.

USA Sec. 402(b) grants jurisdiction to State Y for offers made or accepted there. The BD and agent must register in any state where clients reside. Criminal or retroactive action is reserved for willful/fraudulent conduct, not first-time offenses.

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