Series 63 practice questionmediumFederal/State Coordination — Notice Filing
In a state-administrator case study, the scenario starts here. The key is the registration, exemption, or ethical rule doing the real work. If a federal covered security's notice filing in a state expires and is not renewed, what is the consequence?
- AThe security becomes permanently exempt from all state requirements
- BThe issuer may be prohibited from offering or selling the security in that state until the notice filing is renewed✓ Correct answer
- CThe SEC will revoke the federal registration of the security
- DThe security automatically becomes subject to full state registration by qualification
Explanation
Why B — The issuer may be prohibited from offering or selling the security in that state until the notice filing is renewed
Under USA Section 302 and NSMIA, while states cannot require full registration of federal covered securities, they can require notice filings. If a notice filing expires and is not renewed, the state may prohibit the issuer from offering or selling the security in that state until the notice filing is brought current. The state's enforcement is limited to this administrative requirement and does not affect the security's federal covered status. The governing USA principle is unchanged even though the framing is different.
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