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Series 63: Remedies & Administrative Provisions
Series 63 practice questioneasyApplication of Criminal Penalties

An agent unintentionally fails to register in a state before soliciting a client. According to the USA, the agent is:

  1. ASubject to criminal penalties
  2. BSubject only to civil penalties
  3. CNot subject to criminal penalties because the violation was not willful✓ Correct answer
  4. DSubject to automatic imprisonment
Explanation

Why CNot subject to criminal penalties because the violation was not willful

Criminal penalties under the USA require willful conduct. An unintentional (unwitting) violation does not trigger criminal liability (Section 409).

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