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Series 63: Remedies & Administrative Provisions
Series 63 practice questioneasyAdministrator Powers — Cease and Desist

For a mock NASAA exam, assume the administrator is testing this exact point. Prioritize the registration trigger and ignore irrelevant noise. An Administrator believes that a securities firm is engaged in ongoing fraudulent activity. What order may the Administrator issue without first holding a hearing?

  1. AA permanent revocation order
  2. BA criminal arrest warrant
  3. CA cease and desist order✓ Correct answer
  4. DA court injunction
Explanation

Why CA cease and desist order

Under USA Section 408(a), the Administrator may issue a cease and desist order — including a summary (temporary) order — without a prior hearing when it is in the public interest and there is evidence of an ongoing violation. The respondent must be given a subsequent opportunity to be heard. The governing USA principle is unchanged even though the framing is different.

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