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Series 63: Regulation of Securities & Issuers
Series 63 practice questionmediumPreemption—effect on agent registration

If an agent in State Z exclusively sells shares of federal covered securities, which statement is TRUE?

  1. AThe agent must register in State Z if representing a broker-dealer.✓ Correct answer
  2. BThe agent is exempt from state registration under NSMIA.
  3. CThe agent must only register with the SEC.
  4. DThe agent is subject to registration only if selling exempt securities.
Explanation

Why AThe agent must register in State Z if representing a broker-dealer.

NSMIA preemption extends only to security registration, not to agent or broker-dealer registration (USA 402). Agents of broker-dealers must register at the state level regardless of the securities offered.

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