Series 63 practice questionmediumCivil Liabilities — Statute of Limitations
On a timed state-securities quiz, the scenario below appears. Assume the administrator is testing the cleanest state-law answer. Under the USA, what is the statute of limitations for a civil action brought by a buyer against a seller who sold securities through fraud?
- A3 years from the date of sale or 2 years from discovery of the violation, whichever comes first✓ Correct answer
- B5 years from the date of sale regardless of when the fraud was discovered
- C1 year from the date of sale or 6 months from discovery, whichever comes first
- D2 years from the date of sale or 1 year from discovery, whichever comes first
Explanation
Why A — 3 years from the date of sale or 2 years from discovery of the violation, whichever comes first
Under USA Section 410(e), no action may be maintained to enforce liability under the civil liability provisions unless brought within 3 years after the sale or 2 years after discovery of the violation, whichever expires first. This dual limitation protects both buyers and sellers. The governing USA principle is unchanged even though the framing is different.
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